Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-12-07
STATE To OUTLINE
CASE IN SHEPARD
POISON MYSTERY
Its Theory viii Probably
Charge Conspiracy, the
Conspifators Disagreeing
Over Shepard's Property
BY ED n. BRADLEY
(Staff Correspondent of The Journa1)


MACON, Ga, Dec. '4.-Interest in
the Shepard case, which has devel-
oped during the past few days into
one of the most sensational in the
history of this state, now hinges on
the outcome of the hearing to be
held here Tuesday on the application
for bail filed by three of the four
persons under arrest charged with
the murder of the wealthy Fort Val
ley peach grower, who died very sud
denly on June l and, who, it is
charged, was the victim of poison
plot.
Mrs. F. E. Elmer, Of Jacksonville,
Fla, former wife of Shepard; her
sister, Mrs. lone Henry, of Perry.
Ga; her son by her first marriage,
Ernest Hopson, and Mrs. Annie
Cults, are the four persons now in
custody. Through their legal rep
resentatives Mrs. Elmer, Mrs. Henry
and Ernest Hopson have applied to
Judge H. A. Matthews to admit them
to bail. The state, represented by
of the Bibb superior court, will OPP
pose the petitions.
The evidence introduced at Tues
days hearing is expected to disclose
the outline of the states case and
it Is indicated by the authorities that
looked for. That affidavits from
several persons in Fort Valley,
Perry, Abbeville and Fitzgerald will
be produced at the hearing, is antici-
pated. For several days attorneys
on both sides have been busy gath
ering evidence in the form of affi-
davits, in order that a showing may
be made to indicate the strength Of
the prosecution.
States Theory
According to officials closely con-
nected with the solicitor generals
office and active in the investigation
Of the case up to this time, the states
theory of the case may be outlined
substantially along these lines:
That a group of persons conspired
to accomplish the death of Fred D.
Shepard in order to obtain posses
sion of his property, which amount
ed to about 100000 in his own right
and a half interest in the estate of
his father, the late Mr.. Alfred Shep-
ard, which is estimated at between
$4,000, 600 and $3,000,0O0, being still
intact and undivided.
That the conspiracy was success
full, causing the death of the wealthy
Fort Valley peach grower by poison
ing.
That after his death the conspira-
tors disagreed 80 among themselves
over the distribution of his property,
this disagreement becoming so acute
to disclose the whole plot to a near
relative of the victim, the animus of
this disclosure being to place the re-
sponsibility for the crime on the
shoulders of the member of the
group to whom the property reverted
and Nho later refused to carry out
the original plan of distribution.
The solicitor general has announced
that no arrests other than those al
ready made are anticipated by the
state unless a much more extended
array of evidence is developed than
is expected. That Solicitor General
Garrett is satisfied with the progress
has been indicated in his own state
ments and those of other officials
connected with his office.
An imposing array of legal talent
will appear at the hearing before
Judge Matthews. Solicitor General
Garrett will be assisted by Attorney
w. A. Mcclellan, of this city. one
Of the best known members of the
Georgia bar. Mrs. Cults will be rep
resented by Robert l.. Berner, noted
criminal lawyer. Judge c.. L. Bart
lett, dean of the Macon bar Ross
Williams, Hal Lawson and 0. G.
Cannon, of Abbeville; D. B. Nichol-
son, of Fitzgerald, and Eldredge
Cults, husband of the defendant.
Mrs Elmer has retained Charles M.
Durrance, of Jacksonville, Fla, Cen
eral Walter A. Harris and Ellsworth
Hall, both of this city. Judge John
P. Ross, of Macon, and E. P. Brun-
son, of Perry, represent Mrs. Henry
and Ernest Hopson.