The Daytona daily news. [volume] (Daytona, Fla.) 1903-1926, 1921-02-02
Habeas Corpus May
Be Resorted to to
Get Man Released

~ Ava &&fk AA$kS~o~&< ~
Charged with being an accessory to
the killing OF Grady Iiames at Dayto-
na Beach on the night OF December 26.
George WAllen of Minneapolis. Mimi,
was yesterday held by Judge J. Lee
McCfory for action by the grand jury
at tbs April term OF court. Allen was
bound over without bail.
Hamiin's Masterfui Appeal
Attorney Roy 7. Iiamlin made one
of the most forceful and logical sum
maries ever delivered in the court
room when he shattered the testi-
movv Of tie state to s1nithereens on
the following points: The warrant. ae-
cording to Mr. Hamln. was not worth
the paper 1t was written on. as the
law reads that an accessory cannot
b. held unless the principal is on trial.
He further went on to explain that
Lena Hames. the only witness for the
state, must have been III a hysterical
frame of mind ON the night when her
brother was killed. inasnuch as her
father had but few days previous
been severely beaten and warned TO
leave town. her brother been warned
that very morning that he had better
leave town or be shot aad that under
these circumstances, that her identity
OF Allen as tthe big man" could not
be credited He ridiculed the Hames
girl testimony in describing the light
clothes and white hat Worn By the
big man, when testimony showed
that Alien bad no such clothes. and
also her testifying that she had seen
Allen the Tuesday night preceding the
killing and had marked him well. At
torney Hamlin showed where the state
had failed to find any motive whatso-
ever for Allen committing this deed
where the alibi of Allen was absolute
/ ly unbreakable- and showed that in the
testimony OF the defense Allen stated
I that he had never heard OF or knew
/ any of the Hames family; that he was
/ comparative stranger in that section
/ having lived in Daytona little over
/ three weeks before the killing took
place. and again shattered the testi-
mony of the states star witness, Lena
Hames. when she stated that the bic
man came into the room under d
bright light SO that she could not fail
+ 10 recognize him again anywhere At
tornev Hamlin here stated that any
man with amy common sense bent or
mission such as VAS the party who
called on Arthur Hames that night
would never brave j bright electric
light in front OF three Witnesses. At
torncy Hamlin asked the state why
it was a month after the killing tool
place before any arrests were madl
i'm thi. matter and then why a strange
III tho city should be incarcerated il
the Jail aud kept four days withou
anyone being allowed 70 confer miti
him Why deputies were posted within
hcariug distance when Aliens vii
was finally allowed to see him.
other points. OF a minor importanc
were brought out by Mr.. Hamlin
States Attorney David Sholtz u
5 Ills reply requested Judge McCror
to bind Allen over for the grand iul
without bond As his reasons he Sav
that Lena llames testimony aud he
Identification Of Allen as the bi
man" were enough for the state I
4 base its case against Allen lie que.
/. .itioned the alibi furnished by Mrs. a
! len and Mrs Miller as likely to b
. influenced because OF their relation
= ship to the accused aud questioned th
e testimony Of Dwight r Stillnan a
d that OF an old man likely 10 be mike
j in his dates. He stated that there weI
differences in the testimony Of the q
tense but tailed to enumerate yeI
: COMPREHENSIVE lie wound up h
!. talk bv again requesting Judge NJ
: Crory to bind Allen over without ba
: The judge did.
:. The Aiibi
:. Allen took the stand when court q
: jouraed at one O'Clock lie stated tn
!. on the sunday OF the killing he sic
!. till late in The morning. hung arouI
I: the home all morning reading a boo
: had dinner and in the afternoon We
/: walking for about 20 minutes with h
/. wife. She complained OF being thirs
/. ON reaching home and Allen stepp
I. up To the corner where he boug
: some grapefruit and some kdmquai
Sunrer vas serred about o'clock al