Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-12-23
JUDGE DISCHARGES
FOUR DEFENDANTS
IN SHEPARD CASE
Mrs, Elmer on Hearing De-
cision, Cries 'God Was
With Me-" and CoIEapses,
Demonstration Staged
BY ED II. BRADLEY
(Staff Correspondent of The Journs


Judge H. A. Mathews, of the Macon
circuit, superior court, last night
discharged the four defendants.
charged with the murder Of Fred D
Shepard, wealthy fruit grower OF
Houston county. The action Of Judge&
hearing, which be-
Tuesday. December IA. +
The defendants were Mr.
Elmer, former wife of Shep
Iona Henry, her sister: Ern
son, her son by her first M
and Mrs. Annie Cults. TT
charged with having formd
spiracy to poison Shepard
chloride of mercury. the ali
Ject being to gain possession
personal estate valued at approx
ly 100000; his share of his ia flpers
estate, valued at between 100000
and 100000.
Wild applause from the spectators
who packed the court room followed
Judge Mathews decision, while the
four defendants gave vent to Their
pent up feelings by manifestation
of delight. Mrs. Elmer became hys-
terical, suffering a nervous and phys
ical collapse. She was removed e
her hotel after receiving first ale
medical treatment in the court room
and within few hours was said t.
have recovered completely.
Climax Most Dramatic
The climax of the famous case We
extremely dramatic. The hearin,
hed been in progress for seven day
aid testimony of the most sensa
tional character had been introduced
on both sides. The court room had
been crowded at each session of the
hearing. Finally, after six hours OF
argument by attorneys for the state
and defense, the case, went to Judge
Mathews, for his decision as to
whether the defendants should be
bound over to the grand jury under
bond, or whether they should be dis
charged absolutely. All four Of Their
had been in Jail since November 81
when the coroner's jury at Fort Val
ley returned a verdict to the effec
4
that Shepard came to his death fror
bichloride of mercury poisoning.
Judge Reviews Gaze
Judge Mathews made brief state
men from the bench, reviewing theA
legal aspects of the case and declare
ing that under the law a commitmel
hearing must establish "reasonab
suspicion" of guilt before defendand
can be bound over. He explained til
difference between a commitment
hearing and a trial by jury, in whic
it is necessary for the state to Prov
the guilt of the accused beyond 2
reasonable doubt" He also made Il
clear that under his ruling early ii,
the hearing, conversations Of any OF
the defendants with outside parties
could affect only those defendant.
individually. Toward the conclusion
of his remarks, Judge Mathews in Z,
Dictated that under the evidence, Mrs
Cults could only be charged with hav
ing been an accessory before the fac
If it were found that crime ha
been committed. -
upon considering the entire evi-
dence in this case it must be seer
that 1t is very conflicting, particu-
larly as to the testimony Of the ex-
perts," said Judge Mathews in con
clusion.' eft does not appear to any
degree Of clearness that these de-
PENDANTS had any part in a crime, If,
in fact, there was crime commit
ted.
II, therefore. discharge all four of
the defendants"
Mis-. Elmer Hysterical
His announcement was received IN
absolute silence. Suddenly woma
cried out Historically and the crow
broke into wild applaus. There W.
a general rush toward the defendantsV
who had sprung to their feet and were
each other. their friends
and their counsel. Mrs. Elmer arose
unsteadily. looked about her wildly
and began to make her way through
the crowd toward the center of the
space cut off by the bar railing.
II have not walked alone through
this terrible ordeal" she cried, pull
ing her hat off and gesticulating
wildly, while her eyes held far
away look as though she saw moth :,
ing of what was going on aroun her.
II have not walked alone" she re-
peated. Jesus did not walk alone in
the garden. God was with him. God
was with me. too. He helped me
He helped me-"
She swayed and would have fallen 4
to the floor but for her friends, WHO'D
caught her as she collapsed. It hap
pened that DR.. Herbert Rushin, o
her family physician. had
been summoned as a witness ans
was among the spectators in the
He made his way to Mrs. 8
Elmer's side and gave such medica
attention as was necessary, so that
after few moments she was able
to leave the courthouse and go to
hotel, where she spent the night
The crowd RENAMED until the last
one of the defendants had left AID
then dispersed slowly, discussing the
various angles Of one OF the mo-.
sensational cases in the history. of
the state.
Mrs. Menry left Immediately with
her husband for their home in Perry.
Mrs. Cults and her husband prepar-
I'd to catch an early morning train
for their home in Fitzgerald, while
Ernest Hopson remained in Macon
with bis mother, flaming to accom-
oany her to her home in Jacksonville
this afternoon.
The taking Of evidence in the case
was concluded at the morning ses-
sion of the hearing and Arguments
Continued on PaGa 6. Column =