Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-12-02

been intimate friends. Mr.. Shepard
and his wife were visiting at the
home of Mrs. Henry, in Perry, when
he became violently i'll three days
before his death, which the coroners
Jury said resulted from bichloride
MRS. Elmer's Plea for Bail
Mrs. Elmer's side of the case as
set forth in her application for ball
follows:
Judge of the Superior court of the
Macon Circuit:
Petitioner was on the 9th day of
November, 1920, arrested upon war
rant issued by B. A. Hartley, no.
tary public an dex-ofticia justice OF
the peace of Houston county, Geor-
eia, upon the affidavit Of J. J. Rob-
inson charging petitioner with the
offense of murder. Petitioner was
arrested upon said warrant and
brought to Bibb county, Georgia,
where she is now confined In the
custody of the sheriff Of Bibb co ,1n.
ty in the common jail of said county
Petitioner has had no opportunity
before any judicial officer authorized
to hear evidence upon said charge
to commit petitioner, and no com
mitmen1 has been had. Petitioner
shows that she is not guilty OF the
offense charged against her, nor OF
any other offense, and no evidence
can be adduced making out pr1ma
facie case of guilt against petltlon-
err, nor does there exist any evidence
of her probable guilt.
3.
Though said affidavit is silent as
to the person who is alleged to have
been burdered by petitioner, pc
| ~ .Lo no rontitinnnr 10 in
| formed that it is sought by said aft1-
davit to charge her with the offense
| of the murder of her husband, Fred
D. Shepard. An inquest was recent
| ly held by the coroner Of Houston
county upon the body of said Fred
D.. Shepard. In the verdict OF sala
coroner's jury, rendered on said 27th
day of November, 1920, there was
no finding that any felonious homi-
eide had been committed, nor was
any person whomsoever charged
with the commission of any telon-
ious homicide, and in particular there
was no finding that the death OF
said Fred D. Shepard was caused by
any felonious act of your petl-
| toner.
Petitioner shows that so far as
petitioner knows there exists no evil
dence whatsoever which tends to
raise even a suspicion of petitioners
| quit OIL any CIlIilS w I'LL ASASA ~
| the death of her said husband. The
state has never put petitioner In
possession of any evidence which
| tends to cast even suspicion upon
petitioner, and petitioner says that
| if. any such evidence exists or Is
claimed to exist the same is aoso-
lutely false and petitioner is entire
ly innocent of any crime whatso-
ever. Petitioner says that she vol
UNFAIRLY came within the jurisd1c-
tfon Of this court. and put herself
lat the disposal of the solicitor gen
era1 of the Macon circuit for any
investigation whatever that the said
solicitor general desired to make
with reference to the death of her
said husband, and that petitioner vol
UNFAIRLY attended the hearing before
the coroner's jury at Fort valley,
Ga, when the. aforesaid verdict was
rendered and advised the solicitor
general at that time that she was
ready to testify before said coron-
er's jury if the solicitor so desired,
but that the solicitor did not call
your petitioner to testify, nor was
she given any opportunity to make
any statement before said jury. Pc
titioner has never been advised by
the state or any person prosecuting
in this matter as to the reasons or
any reason why petitioner should
be suspected or detained by anyone,
and she now again AYERS that there
is no good reason why she should be
so suspected or detained.
Petitioner shows that she is a del
icate woman, that she has never
been used to exposure, that she has
not been accustomed to such sur
roundings as those in which she is
now placed during her Imprisonment.
is a terrible humiliation to a woman
of her sensibilities. Her detention
within prison walls under restraint is
a terrific strain upon her nervous
system, and will seriously impair her
health if continued. Petitioner is not
ly suffered with a prolonged attack
of pneumonia, which left her in a
weakened condition, and in the pres
ent state Of her physical health the
| mental and nervous strain of her
Imprisonment threatens to be more
than petitioner can bear, and petit
toner fears that if she is not re-
leased her health may be permanent
! ly impaired.
Petitioner shows that she came
into this state from another state
voluntarily, and placed herself with
in the jurisdiction of this court, that
she has made no effort to avoid it's
processes, or to prevent the fullest
| investigation into all the matters
connected with her said hus bands
| uSdI III. ollc Has uO IHLCiIllO1Ag vi SCCh"
ing to avoid the processes Of the
court in the future, nor is there any
danger that she will fail to appear
and answer any indictment should
one be found against her, but, on the
contrary. petitioner shows that she is
ready and willing to voluntarily ap-
pear and submit herself fully to the
| order and judgment of this court
| whenever she should be called upon
| to do so, as she has already submit
ted herself to the jurisdiction of this
court voluntarily and without any
compulsion whatsoever.
| Petitioner is ready and willing and
able and tenders good and sufficient
| bail in such amount as may be fixed
in the discretion of Your Honor for
her appearance to answer any indict-
ment that may be found against her
| Wherefore, petitioner prays that
the facts be inquired into by Your
Honor, and that she be admitted to
| bail.
G. NJ. DURRANCE,
| II \ n ToTS TyrJTETA\Y