Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-05-03
MAY Be No TRIAL .
IN JASPER COUNTY

The idea prevails in Jasper coun-
ty that John S. Williams will not
face a jury on either of the murder
indictments against him there, but
that the outcome of the Newton
county case now pending on appeal
will be allowed to stand as the final
judgement in the case, according to
Green F. Johnson, leading counsel
for the death farm" owner.
In a statement given a Journal re-
porter in Decatur Saturday after
Judge John B. Hutchinson had grant
ed a delay Of one week in the hear
ing of Williams motion for new
trial, Attorney Johnson took the
view that there is no sound reason
for another trial, either in Newton
or Jasper county"
IF we get this new trial we are
now asking for" said the Montlcello
attorney, at will mean another trial
in Newton county. If we don't get
it, and the judgement is affirmed by
the supreme court, Williams will
have to serve the life sentence. Ger
tainly, under the evidence presented
in Covtastcn !@s5 month, the state
could not expect a verdict Imposing
the extreme penalty II WlIllanls
were tried on every one of the in
dictments: therefore, the general
opinion is that both sides Will aoloe
bv the final decision in the case that
has already been tried"
Defense to BE Ready
Mr. Johnson said the defense
would announce ready at any time
in the event it was decided 10 Try
Williams in Jasper county, but that
it would oppose any move TO again
bring the defendant to trial In New
ton county on either of the remain
ing indictments against him in that
county on the ground that it would
be a plain case of former Jeopardy:
Judge Hutchinson granted the posi- posi-!
iiam;s' new trial motion at the re-
quest of Attorney Johnson, who de-
clared he had not been furnished
with an official copy of the judges
charge to the Newton county jury.
1T is very necessary that L nave
ton, because there may be some
defects in the charge that should be
included in my assignment of er-
ror," Mr.. Johnson argued.
You have a legal ground 1nndrf for con on
tinuance' ana 5ox Tll sat PUstpVne at 10
Hutchinson. He explained that the
voluminous record in the famous
case had made it impossible for the
court stenographer to complete the
transcript of the proceedings earlier,
and told Attorney Johnson the copy
of the charge would be mailed to
him early this week.
Attorney William M. Howard, of
Augusta, and Solicitor General A. M.
ID. hn
ton of Williams in Covington, raised
no objection to the delay.
prosecution Ready
Solicitor Brand announced he was
ready to proceed with the trial OF
Clyde Manning, the negro "trusty"
of Williams. at any time, Judge
desires.
E. Marvin Underwood, employed
a citizens committee to represent
will plead mot guilty. and fight for
q verdict of acquittal on the ground
that he acted under duress OF Will
liams when he killed negroes on the
death plantation.
Judge Hutchinson said he would not
be ready to set date for Mannings
trial for several days. He called at
tention to the fact that the Newton
county court is now open, and said
the negro would be tried before the
regular July term Of the court.
Several Jasper county farmers mo-
of hearing the arguments of coun-
sci in the motion for new trial for
Williams Attorneys w. II. Key ana
C. C. King, associate counsel for the
defense, also were present.
Attorney Howard, who came from
is home in Augusta to be present at
the hearing, said he would be asso-
ciated in the case with Solicitor
:. and until the Newton county in
q ,ctments are finally disposed of.
He and the solicitor will oppose
the defendants motion for a new
trial at next Saturdays hearing.
Mr.. Howard announced he would
not be connected with the prosecution
in the event Williams is tried in
Jasper county. after the Newton
county cases are completed, my
agreement will be fulfilled" he said.
Uncertain on Trials
Solicitor Brand was unable to state
whether Williams will be brought to
trial on the remaining indictments
in Newton county. lie ana attorney
Howard said this will depend largely
on the outcome of the appeal in the
present case.
The solicitor indicated that he had
no intention of waving jurisdiction
in favor of Jasper county until all
of the Newton county cases are final
ly closed
Attorney Johnson declared he
would defend the three sons of Will
Iiams if they are apprehended.. The
Leroy and Marvin Will
liams-are under indictments for
in Jasper county in connec-
ton with the chain of murders on
their fathers farm, They have been
since the day of their
fathers arrest. Mr.. Johnson, Mr..
Howard, other attorneys in the
case, and several Jasper coun-
ty men who were in Decatur Sat
urday, expressed the belief that the
boys have left the country. This
view is also taken by department of
justice agents, who have secured the
country for the sons for three weeks.
The government wants the sons on
peonage charges.