Paragould soliphone. (Paragould, Ark.) 1918-1950, 1921-06-10
new RESPITE FOR
ELAINE MURDERERS

Little Rock, June 9.-Orders di-
Erecting a writ of habeas corpus for
1.-THE appearance in Chancery Court
| of Frank Hicks, Frank Moore. Ed
| Hicks, j 4. Knox. Ed Coleman ana
junder sentence of electrocution,
| were issued yesterday by Chancellor
! Martineau The negroes, whose ex-
lecutions We're set by Governor Me-
Rae for tomorrow, are ordered I'M
| der the write of habeas corpus to
Iappear before Chancery Court at 2
|o'c clock tomorrow afternoon and are
placed under $500 bond each for
their appearance The order of the
|court also restrains E. H. Dempsey,
warden at the walls, from carrying
|out the proclamation OF the COVER
nor setting the date of the execu-
|tion.
The petition for writ of habeas
corpus, filed by McIIenry, Murphy
|& Dunaway and Scipio Jones, negro
attorney for the plaintiffs, bases its
plea for a review of the case on
the ground that the negroes were
not responsible for the death of
Clinton Lee, white man, who was al
legged to have been shot by negroes
during the Elaine riot of October !,
1919; that they were convicted by
the Committee OF Seven made UP of
Helena officials and business men.
and THAI their trial in court was
without justice; that they were CON
victed on evidence secured under
duress from members of their race.
who testified falsely out of fright
there was no member of their race
ON the jury that tried them at any
time,
They also represent in the petit
ton that they We're unable to enter
protest at the proper time as they
were confined and knew nothing OF
the requirements of the law.
In addition to the petition, sew
cral exhibits are. introduced, includ-
ing letters from the Robert l..
Kitchens Post of Helena; of the
Committee of Seven who Investigate
ed the Elaine riots and of the Lions
Club and Rotary Club of Helena,
addressed to the governor and ask
ing that no clemency be shown the
negroes, which are entered to show
that the negroes have been the vic
Tins OF race prejudice.
Chief among the delegations
which called on the governor yester-
day in connection with the Elaine
cases was one from Helena, headed
by Judge John Ike Moore and Sc
bastian Straub, who was sheriff of
Phillips county at the time of the
trial. The delegation reviewed the
case before the governor and filed
the report of meeting which had
been held in Helena the night be-
fore, urging in the name OF the
county that the governor extend no
clcmency, Judge Moore said that
the matter had been handled quiet
ly and lawfully by the officials and
citizens of the county because of
their confidence in the courts and
their belief that Justice would be
done. Interference, he said, would
have most unwhOlesomc effect.
The governor yesterday said that he
had no announcement to make of
his intentions.
Among the strongest communica-
tims which have been received by
the governor are letter from Judge
j. M. Jackson, who tried the cases
of the men now in the death cells,
and before whose court the other
six cases are pending, and a report
from John Il. Miller, prosecuting at
torney of White county, who inves-
tigated the entire matter at Gov
|ernor McRae's request.
Mr.. Miller's report was made to
ascertain the truth or falsity of
charges made by Robert r. Kerlin
.of Lexington, Va, and affidavits
IOf others which had been sent to
the governor, alleging that the ne
|groes had not had fair trial.
Kcrlina letter and the affidavits
also asked that postponement of the
execution of the condemned six be
granted until decision has been
made by the court in the cases or
1.-The second six. The second six have
twice been found guilty of first de-
|gree murder and the cases twice re-
lversed and remanded by the Su-
Ipreme Court because of technical err
Iror. Almost all OF the mass petit
Itions, etc. received by the governor
lasking postponemcnt arc written, ap-
lparently, under the misapprehension
THAT the IL negroes were convicted
Jointly of the same murders commit
ted under the same circumstances.
iAccording to the court records, how
ever, Frank and Ed Hicks. Frank
Moore, j. E. Knox, Ed Coleman and