Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-03-06
'MISTRIAL IS DECLARED
IN BOOTS ROGERS CASE
Solicitor Boykin Will Ask PO-
lice Board Whether DeteC-
tiveS Are to Aid Him

Following the action Yesterday after
noon of Judge Ben II. Hill of Fulton SUI
perior court i'm declaring a mistrial in
the ca Sc of w. w (Boots) Rogers. charg-
ed with robbing Paymaster Boykin of
the 4.iartel Manufacturing company
near Hapeville on the morning of last
December >, Solicitor General John Boy
kin announced that he would go before
the city board of police commissioners
at their next meeting and request them
10 approve or disapprove the practice of
city detectives working for and with the
defense in the trial Of criminal cases.
At 5:15 o'clock yesterday afternoon
Judge Hill summoned the Boots Rogers
jury into his court room and asked them
whether they were likely to reach ver
dict. The foreman said they were no.,
whereupon the judge declared a mistrial.
In reply to an inquiry by Judge Hill.
the foreman said the jusy stood ten to
two. Another member of the jury ask
ed the Judge if it would be a violation
of his oath TO disclose how the jury stood
with regard to conviction or acquittal
The judge said there was no law on
the point, but he would advise against
this disclosure.
The general talk around the court
house, however, following the dismiss
sal of the jury, was that they stood ten
for acquittal of Rogers and two for con-
viction.
DATE OF NEXT TRIAL.
Governor-elect Hugh NJ. Dorsey, chief
counsel for Rogers. was in the court
room when a mistrial was declared and
stated that he would like for the next
trial to be held the second week in
April. This was satisfactory to Judge
Hill, and Solicitor General Boykin> last
night stated that ii was satisfactory TO
him.
Discussing his intention of going be-
fore the board of police commissioners,
Solicitor General Boykin last night
said:
I'm the Boots Rogers case, City De.
tectives John Starnes and Pat Camp
bell worked with Mr. Dorsey and with
to be used for the defense. They did
not report to me that they were work
ing in the case, nor did they report
to the chief of police the evidence they
procured.
"In my experience of twenty years at
the Atlanta bar l do not recall a case
where city detectives have worked for
and with the defendant and defendants
attorney i'm a criminal case.
''My feeling is that city detectives,
who are officers of the law, should work
law enforcement, not with defendants
and attorneys for defendants in crimi
nal cases.
"In the Boots Rogers trial l was am
pushed i'm the very midsr of the trial
by officers who should nave worked
with me. If they worked i'm the case at
all.
1.-THE county police officers who work.
ed in the case. and who worked with
me, have informed me that every move
they made was reported to Poots Rog-
ers by city detectives who trailed them.
They did not mention the names of De-
tectives Starnes and Campbell. but I
assume il was these two men whom
they referred to. AS yet l have not been
able to investigate this angle of the
case
eff / am to have the cooperation and
assistance of the city detectives while
am prosecuting officer of this county,
want to knew T. IF city detectives
are to be allowed to work against me,
without my knowledge or the knowledge
Of the chief of police. ] want to know
it and govern myself accordingly.
Therefore 1 intend to 20 before the
board of police commissioners at their
next meeting an dask them to approve
or disapprove the tactics employed by
Detectives Starnes and Campbell in the
Boots Rogers case.
''I want II distinctly understood. how
ever that 7 am not making any fight on
these two men. 7 simply want the prac-
tice stopped. My opinion. as ! said be-
fore is that an officer of the law should
work with officials charged with law
enforcement, not against them"