Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-04-06
JURISDICTION Of
CAMPBELL COUNTY
ORDINARY DISPUTED
Arnold viii File Writ of Pro
hibition-Wife Says Ex
Bank Official Is Not il
Right Mind

llSlIl IflIIiN
William B. reen, former VII
president of the Fairburn Bankii
company, who was sentenced lat
week to serve five years imprison
ment on the charge of embezzli1;
funds Of the bank, was placed in IT,
Campbell county Jail at Fairbul
Sunday night on a writ of lunaCs
taken out by his brother, DR.. G.. !!
Green, and the bondsmen who stoO
on his bond of $4,000 were release
from the bond. He is still under 4
$4,000 bond on sthe charge of arse
Due to the disqualification Of tN @
of the members Of the county board
authorized to hear lunacy cases tn
hearing of the writ has been set b
w. S. McLaren, Campbell county or
binary, for Wednesday morning at ,
o'clock in order to give time for tl.e
selection of a jury Of three to hecc
the case.
Attorney Reuben r. Arnold, o
counsel for the Falrburn Banki'
company in the case, announce
Monday, however, that the counso
on this side would contest the al
thority of the county ordinary -
hear the case, on the ground thH
Green had become prisoner of tn
state and the case must therefore b.
heard before the state prison coz
mission. Mr.. Arnold went Mond;t"
to Conyers to file with Judge Joll
B. Hutchinson, of the superior court
the Stone Mountain circuit, in whic
Campbell county is included. VIZ
of prohibition to prevent the hea
| ing Of the case by the ordinary arr
| to bring it before the state pr;sCl
commission.
Green to Stay In Jail
Pending decision Of the court as
| before which authority the writ o
lunacy will be heard, and pendir !;
the hearing of the writ itself, Gree
will remain in Jail in Campbell coup4
I ty, unless the. bond of $4,000 gfxe 4
by the court Is aagin assumed by h
| bondsmen. The bond Of $l5,0p3
which was requifed in the efcas Y
charging arson, due TO the allege
burning of the bank, still s. sands, b,'
/ under the courts order is not suff
cient for GREEN'S release.
| l.. S. Camp, of Green's counse,
stated Monday morning that Nj =
Green undoubtedly was insane an
that the relatives who were instrC
mental in his arrest on the lunaoy
writ will present at the hearing tina;
Green's actions during the last two
months have shown his mental III
capability! Mr.. Camp stated tha
| there probably will be no attempt to
show that Green was insane durinG
the period when he is alleged to havy
embeZzled funds Of the bank. br
that counsel will show that the nery
Gus strain following his arrest h2''
resulted in weakening of the MIND
This worry the attorney stated, al
peared to have been brought aboC
more by fear of what would happe"
to Mrs. Bradstreet than the fear o.
what would happen to himself.
In discussing the writ Of prohibi
ton to remove the lunacy hearin.t
from the hands of the county ord
nary to the state prison commission
Attorney Reuben Arnold stated MOI
day that the case was not With
the authority Of the county.
Arno1d's Contention
eve find said Mr.. Arnold, "th@
under the law an ordinary has NJ
right to proceed with lunacy WI;
after a man has been sentence
Only the state prison commissio
has such authority after sentenc
has been pronounced. ~ the 81
perior court would have such autho"-
ity after a man was indicted al
before sentence was pronounced"
Thus the contentious of the sta"
are that Green is a convicted pElf
oner, due to begin the service Of HI
sentence unless a new trial is gran
ed, and removed from author
except that of the prison comni&-
sion. The bondsmen having surre
\dered Green, the state is expectc
to endeavor to quash the writ of III
macy through writ of prohibitio
and also keep Green in custod;
Green, convicted last week of err
bezzlement and sentenced to fly
years in the state penitentiary, wa
rearrested at Fairburn Sunday mig
on a writ of lunacy sworn out b.
his brother, DR.. Alder Green, -.
III City. Monday morning az
callers were told that he was to-
sick to be seen. He refused to ca )
breakfast, refused to talk with new
paper men and, according to report
was on the verge of a nervous co!
lapse.
1t was originally planned to no
a hearing at Fairburn at 8 o'cloc'
Monday morning to determine h;
sanity. The usual procedure wou
be to call him before a commissio
composed of the ordinary. the so
licitor general and the county atso'-
When it developed that Lawreneo
Camp, county attorney, was one. -
Green's lawyers and that Solicito
General Napier had represented tn
state at the recent trial, Ordinary
w. S. McLaren announced tn" d
would apopint a special commiss1oT
which would meet at Fairburn at
o'clock Wednesday morning. Subs
quent to the ordinary announc"
ment came the word from Mr.. Arno!H
that the writ Of prohibition would
taken out.
Mrs. Green, who has consistent!
stood by her husband throughout tn
case and who was in constant al
tendance at his trial, declares tina
Green is not in his right mind.
Mr.. Green is not sane man." shE
said this morning. For severa
months [ have thought that his MIND
Eyslc n INV h :