The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-07-24
MOTION FILED
BY THE DEFENSE
WIFE OF ONE OF THE JURORS
RELATED TO ONE OF THE
PROSECUTORS.
MOTION TO DECLARE A MIS-
TRIAL WILL BE HEARD BY
JUDGE coNYERs TOMORROW
MORNING-THE EVIDENCE IN
TRODUcED YESTERDAY.

Because Riley'>Williams, one of the
VS.. w. B. and Archie Lyons, charged
with the murder of M. Fleming Smith
is a second cousin of the wife of j.
M. Lowe, who is member of the
jury trying the case, it is more than
likely that the trial, which has been
on in Glynn superior court for the
past week, will come to a sudden end
tomorrow morning, when Judge Con-
yers will act ON a motion for a mis-
trial, filed late yesterday afternoon
by the attorneys for the defense.
The court had recessed for the day
when the motion was fled and some
of the attorneys had left the court
room, therefore it was decided to
postpone the hearing until Monday
morning, but, unless attorneys for the
wife is not related to Williams or
that Williams is not a prosecutor, it
is practically certain that mistrial
will be declared.
1t was late in the afternoon when
attorneys for the state discovered
the fact that a relationship existed.
1t is understood that Solicitor Gener-
al Thomas received a letter from
Williams who resides in Jesup, an
neuncing the fact that he was rela-
ative CT Mrs. Lowe. The solicitor
at once invited the attorneys for the
defense to consult with him and the
other attorneys for the state. They
retired to the grand jury room and
the solicitor stated to the attorneys
of the defense that he thought it his
duty to inform them of the facts con-
veyed to him. The matter was dis
cussed among the attorneys for fif-
teen or twenty minutes and upon re-
turning to the court room, w. w.
Bennett, leading counsel fer the de-
fense, at once prepared a motion for
a mistrial.
Contributed to Fund.
The name of Riley Williams ap-
pears as one OF, the prosecutors be-
cause he subscribed one dollar to the
fund raised in Wayne county with
which to prosecute the Lyens 1t will
tie remembered that the supreme
court granted the defendants a new
trial on the very ground that is now
raised by the defense. One of the
jurors who served at the previous
trial was related to one of the contri-
butors and the supreme court held
that the man was not a competent
juror.
There appears to be but one loop
hole for the state to continue with
the trial. 1t is understood tha while
Williams agreed to subscribe a sum
to the fund for the prosecution of
Lyons he has never paid ever any
money, therefore some little doubt
exists as to whether or not he can
legally be held as one of the prose-
cutors. Judge Conyers announced
that the motion would be heard TO-
morrow morning as soon as court
convened. In a decision handed
down on the motion for a new trial
several months ago in this very case
th-C sup ClliC COul say w hSlC OIC
contributes to a fund to he used in
employing an attorney to aid the So
licitor-g general in the prosecution of
a particular person fer an alleged Of
fense, with which he is charged. and
the attorney does render such aid
upon the trial of the case, the person
so contributing is to be considered
as a volunteer prosecutor, and one
who is related within the fourth de-
gree, to such volunteer prosecutor,
is not competent to set as a juror
in such case"
Under this ruling, it appears, the
defense has good grounds for the
motion filed yesterday. 1t is not
thought that Juror Lowe is yet aware
of the fact that his wife is related to
enc Of he prosecutors.
Yesterdays Proceedings.
When court convened yesterday
morning, J. B. Thomas, former mar
shall of Jesup, and brother Of enc
of the attorneys for the defense was
still on the stand, on the cross-ex-
animation. Some testimony was
brought out on the cross that did not