Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-12-14
ALL READY FOR
BAIL ARGUMENT
IN SHEPARDCASE.

MACON, Ga, Dec. 11.-Hearing for
bail Tuesday in the cases of Miss
lone Henry, Ernest Hopson and Mrs.
F. Eugene Elmer, three of the four
defendants held on the charge Of
murder in connection with the death
Of Fred D. Shepard, wealthy peach
grower of Fort Valley, who is al
legged to have died from poisoning,
probably will last for several days,
it became known Saturday. This will
result, it is said, because in all prob
ability the hearings will be held
separately.
The announcement Saturday by So
licitor General Charles H. Garrett,
who is at the head of the investiga-
ton into Shepard's death, which be-
gan several months ago, that the
hearings would be held in chambers
when the public will practically be
excluded from the trial. probably will
cause considerable disappointment,
for it was expected that the court
room would be crowded by specta-
tors.
Petition for the unconditional re-
lease of Mrs. Annie Cults, the
fourth person arrested in connection
with Mr.. Shepards death, was filed
here late Saturday afternoon and a
hearing was set for Tuesday, when
the other three cases will be taken
up.
No move has been made by the
prosecution or the attorneys for the
defense since an amendment was
made to the original petition filed by
Judge John P. Ross several weeks
ago asking for the release of Mrs.
lone Henry and Ernest Hopson on
bail. AS amended the petition ask
ed for the unconditional release on
the grounds that the state has fail
ed to show evidence to warrant the
holding of the prisoners.
General Walter A. Harris, attorney
for Mrs. Elmer. declared Saturday
that he was ready for the preliminary
hearing and was confident that the
prosecution would not be able to
show cause why his client should be
held. He declared that the state would
have to take the initiative at the pre-
liminary hearing but declined to dis
fuss the tactics he will introduce at
the time. .
The petition filed by General Har-
r1s in the interest of his client asks
that she be released on bail. He de-
clared later, however. that he would
request her absolute release. 1t is
L 1.
Will be introduced at the preliminary
hearing. which will be held privately,
with no persons present except those
VINO Will receive permission from
Judge Mathews. Solicitor General
Charles Garrett declared Saturday
that a large part of the evidence to
be presented at the hearing Tuesday
will be in the form of attidavits. he
is unable to state how many wit
nesses he will introduce nor how
many aff1davits, as he has not yet
finished his arrangements for the
hearing, s>H'
Attorneys for the prisoners are also
unable to say how many witnesses
they will bring into the case. They
declare that the amount of evidence
they will present entirely depends
upon the action that will be taken by
Solicitor General Garrett. Mr.. Gar
rett returned from Atlanta Saturday
morning, where he spent Friday col
Letting various affidavits. Although
would handle the defense of his
clients Tuesday. it is understood that
all of the defendants will be given
separate hearings. If this proves to
be the case, it is likely that the hear
ing will last for several days. The
fact that the hearing will be one of
the chamber variety comes as a sur
DTiSR f0 the npODlp who eXnect-
ed to attend it. ..
The reason for the chamber hear
ing, according, to Solicitor General
Garrett, is that the matter is not
for open trial. Attorney r. L. Berner,
who is representing Mrs. Eldridge
Cults. who IS also being held in the
county Jail! has as yet made no move
for a preliminary hearing for his
client. 1t is probably too late for
her case to be included in the hear
ing which starts Tuesday, even if
Mr. Berner should make such a Pc
tition.
Both Mrs. Cults and Mrs Elmer
are spending their days quietly in
Jail. mostly in reading magazines
and papers. They are eating heartily
of the fare that is given them, ano
except for occasional remarks about
their loneliness they have nothing
to say.
During the past week several rela;
tives of the prisoners have visited
them in their cellsJ Both refuse to
see outsiders.
1t is the purpose of the state, ac-
cording to the present plans, to ar
range the trials of the four persons
accused of the murder of Shepard
for the second week in April, to be
held in the Houston county superior
court.