The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-07-30
NO IMMUNITY BATH
FOR HOSPITAL
steward
JUDGE DoBBS OVERRULES MO-
TION OF TURLEY'S LAWYER TO
QUASH INDICTMENTS.
CASE SET FOR NEXT MONDAY
Defendant Had Been Witness Before
Legislative Committee and Forced to
Testify About Charges on Which he
Was Indicted Grounds for Motion.

Brandon, Miss, July 30.-Claiming
that by virtue of his testimony before
the legislative investigating commit.
tee he had become immune from pros
ecution, T. H. Turley, former steward
of the State Insane Hospital at Jack
son, who is charged with the embez-
element of public funds, sprung sur
prise on the state Tuesday when the
case was called in the Rankin County
Circuit Court on a change of venue
from Kinds county. Although the
move was not expected by the state,
the prosecution met the issue and
scored victory by getting from
Judge Dobbs a decision overruling
motion to quash the five indictments
against Turley. Judge Dobbs held
that the famous immunity bath law"
could not be construed so that it
would apply to Turley's case. After
disposing of the motion to quash the
indictments, Judge Dobbs set the case
for trial Monday.
The Turley case was called shortly
after II o'clock, both sides announs-
~ ho
case was taken up Judge w. j.
Groom, representing the defense, an
nounced that he would file a motion
to quash the indictments. Judge
Dobbs gave the attorneys until 1880
O'Clock to perfect their papers. At
the afternoon session Judge Groom
filed a plea in abatement and in bar
of the indictments and entered a mo-
tion TO quash all of the bills on the
ground that Turley was immune from
prosecution. The defense based the
motion to quash on section 3017 OF
the Code of 1906, which provides that
"A person sworn and examined as a
witness before either house of the Leg
islature, without procurement or con
trivance on his part, shall not be held
to answer criminally or be subject &c
any penalty or forfeiture for any fact
or act touching which he is required
to testify. Nor shall any statement
made, or book, document or paper
produced by any such witness, be
competent evidence in any crimina
proceeding against such witness Other
than for perjury in delivering his evi
dence. Nor shall such witness refuse
to testify to any factor to produce any
book, document or paper touching
which he is examined on the grounC
that he thereby will criminate himself
or that it will tend to disgrace him o.
render him Infamous"
Judge Croom's motion set forth tn,
allegation that Turley had been wit
ness before the legislative committee
and had been forced to testify abou
the charges on which he had been in
dicted.
District Attorney Howie countere,
Judge Croom's motion to quash witt
the argument that the action of tn
defense came too late. The distric
attorney claimed that the motto
should have been made before tn
change of venue was granted fron
Kinds county, and before the defer
dant had pleaded to the indictments
Judge Groom, replying to the distric
attorney, claimed that he had q righ
20 ile the notion to quash on tn
grounds alleged at any time durin
the trial, but in ordS- to comply wit
the usual procedure 70 would will
draw the plea Of not sSlty. A Ion
argument followed, At is conclusio
Judge Dobbs overruied thu motion t
quash the indictments. ami refused t
permit the defense to wihdraw =.
plea Of not guilty
Now gentlemen. {" said Judge 'DoX
these motions are out Of he wN
When do you want to 60 10 trial"
Both sides expressed WILLINGNESS
for an early trial, and the Col,rt sxe
the case Tor Monday
:.