Fitzgerald leader enterprise and press. (Fitzgerald, Ben Hill County, Ga.) 1921-1964, 1921-09-07
NEW GRAND DRAWN
TO INVESTIGATE
STRIKE CASES

Eighteen railroad men were indicted
jointly with Mayor J. L. Pittman for
interfering and intimidating some of
the present employees of the A. B. &
"A. Railway. The indictments were
handed down late Monday evening.
when Judge Cover discharged the spe
clal grand jury in charge of these cas-
eS.
Those indicted are Mayor J. L. Pitt
man, B. w. Mayo, Preston Ware. B.
L. Startling, A. J. Dykes, o. c. Fair
field, John D. Huckaby, Lonnie Os-
borne, f. R. Roberts, Ben Reid. Frank
Waters, w o Osborne, ] w Hornsby,
P. G. Sutton, A. K. Hall, Jim Russell,
ALI Smith, S. A. Morris, Thomas Hen
ry, all white.
'Ihe cases were called for trial this
morning, first case being called was
o. c. Fairfield. The State has 68
witnesses and a large number OF wit
nesses are expected to be called by the
defense. At 1000 o'clock on account
of the absence of some of the witnesses
the case was put off for an hour dur
ing which time the court tried Annie
Tucker for statutory offense
Attorneys A. J. and Carylsle Nc
Donald are representing the striking
employees of the A., B. & A. and the
state is represented by Solicitor Cen
eral J. B. Wall and Judge D. E. Crit
fin, special council engaged by the
citizens committee to prosecute the
strike cases.
\ The special Grand Jury, investi-
eating the railroad strike cases were
A. H. Denmark, foreman, F. M.
d Lamb, clerk, D. D. Green, L. A.
IS Marlborough, S. A. Wright, F. R. Jus
st tice, J. M. Williamson. G. R. Stokes,
d H. A, Owens, E. J. Thurston. c. L.
If Sanders, J. S Ellington, NJ. N. Ste
d phens, w. J. Mayo, G. w. GLADDEN.,
e, D. D. Lovette, c. S. Isler, J. w.
% Scarborough and H. L. McLendon.
j. The case of the State VS. Fairfield
d. was taken up again at 11:30 and IS
new jurors added to the regular
panel, many of whom disqualified for
legal reasons. Demurers were pre-
sented by the defendants attorneys
to the indictments, but were over
a ruled by Judge Cover. A plea in
abatement was presented to the
states attorney by the defense, which
l. attacked the validity of the court, it
o being illegally called according to
" the allegations of the defense and
l, that all the actions of the court and
II its juries were illegal. The court
|, being a special term It is alleged that
q Judge Cover failed to appear in
E. court on the regular July term and
then and there postponed the regu-
lar term, but that he ordered same
postponement from his office in
= Corde1e, in which according to the
defense he erred and all proceedings
C under the special term set were mug
" atory and void.
4 On motion of the Solicitor Gener:
4 al J. B. Wall the court adjourned
c until 2 p. m. to give the attorneys
C time to look up authorities to meet
8 this new condition brought up by
6 the defendants attorneys. Col Hall
Lawson of Abbevile is assisting A,
]. and Carlysle Mcdonald for the
defendants.
Indictments Are Set Aside
When court opened this afternoon
;, surprise was sprung on the jurors,
defendants and attorneys, when So
licitor General J. B. Wall, in answer
to the plea of abatement presented
\ before adjournment, stated that he
& could not legally answer to the plea
made that the court was called il
legally, in that the Judge failed to
open court in Fitzgerald on the 18th
of July and then and there order a
postponement of the term of court
ITO the fifth Monday in August; but
that an understanding had been had,
with the bar of Fitzgerald in the Of
: fees of A. J. Mcdonald and with
L his consent, that no question of il
legality should be raised in the
event this postponement was made,
as requested by the bar of Fitzgerald
and that !. B. Wall and A. J. Nc
Donald were appointed a committee
by the bar to so inform Judge Cow
er who was then holding court in
Abbeville, and which was done.
Since however the point has been
raised by the attorneys for this de-
PENDANT, Fairfield, the solicitor asked
the Judge to dismiss this court and
to 'mmediatciy draw a new Grand
Jury to convene Thursday Septem-
Der 9Th at 10 a. m. to again investi-
gate the cases now pending. Judge
Cover Immediately announced the
closing of the session of the court
and proceeded to call a new Grand
Jury. lightweight names were
drawn out of the Grand Jury box
from which it is hoped a qualified
jury of 10 may be had. The newly