Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1911-09-20
lBy Frank 7. Long, Staff COrrespOh-
dent.)

Leesburg, Ca, Sept. 19, 1911.-Rob
ert C. Kennedy must stand trial in
the superior court of Lee county for
the murder of Mrs. Maud Childers.
That was the decision rendered II
this now noted criminal case just be-
fore the noon hour yesterday by Judge
!. Henry L. Long, of the city court OF
Lecsburg, before whom the prelimi-
nary hearing was conducted.
The prisoner received the decision
of the court unmoyed, as he was evil
IDENTIFY prepared for such an outcome.
He was taken back to Lee county Jail
here, where has once more impris-
oned The judge in a committal trial
has no authority to allow bond in a
charge of murder, so that no applica-
ton was made here to have Kennedy
released on bail.
Application for bond may be made
at any time, however, by the attorneys
for Kennedy to Judge z. A. Littlejohn,
Of the superior court. Whether or not
the prisoner shall be allowed his lib
erty under bond is for Judge Little
John to decide, in case the application
for bond is made to him, as the law
leaves the decision in this matter to
|. the discretion of the judge presiding in
u he superior court, within whose jur-
7 isdicton the case now stands since the
additional warrant carrying the case
to that court was issued yesterday at
the conclusion of the preliminary hear
|. ing.
7 When inquiry was made yesterday Of
the counsel for the defense as 10
whether application for bail would he
made for Kennedy, the reply was that
no decision had yet been reached n
this matter. 1t was further stated
that the attorneys for the defense
would hardly reach a decision with
reference to this feature of the case
within a week, as due time would be
taken to consider the matter. Two
courses lie open in this regard. Ken
nedy may either remain in Jail or he
may make application for bond, as
heretofore mentioned.
Whether Kennedy remains in Jail nr
is released under bond, there will be
no further legal proceedings, unless
bail is asked for, until the fall term
of Lee superior court convenes here
on Monday, November 6, at which
time the grand jury will also assem-
BILE. If the grand jury that indicts
Kennedy at that time completes its
labors before the court adjourns,
which it will hardly fail to do, the
case will be returnable at that session
of the court. AS all bail cases take
Rprecedence over those of minor i'm
portance, the case will come up for
immediate trial, so that the trial If
the case in the superior court will IN
all likelihood occur within about sew
en- weeks.
The outcome of the preliminary
hearing was no surprise to those Ia
miliar with the usual course taken
by such trials of inquiry in murder
cases, where it is indeed rare eX-
!, ception that the defendant is relea3-
ed, The surprise was that this result
was not reached during the hearing
on Monday, but the preliminary hear
ing was contested with unusual spir-
it and stubbornness by both the prose-
Cution and the defense. 1t was fore
gone conclusion practically from the
beginning, however, that the case was
one of sufficient gravity to require the
binding over of the defendant for trial
" in the higher court The conduct OF
Il the case by the defense was such as c
/ show that they anticipated no othel
issue from the trial.
After the conclusion of the state
ment made by Kennedy in his oWr
Il defense at 1870 o'clock and after botf
sides had waived argument, Judge
Long pronounced his decision In the
matter without hesitancy. In binding
the defendant over to the higher cour
for trial on the charge of murder
Judge Long referred to the rule OF de
cision in court of inquiry in the Goa
of Georgia, with the statement ina
under this section of the code govern
ing such matters no other course wa
left open for him. The section OF IN
"a code referred to is as follows: IN
Il duty of the court of inquiry is s1mpi
& to determine whether there IS sumo
lent reason to suspect the guilt OF IN
accused, to require him to appear an
answer before the court competent
try him, and, whenever such proo?a
bic cause exists, it is the duty OF tn
& court to commit"
Had the trial been one before Jur'