The Marietta journal. (Marietta, Ga.) 1918-1944, 1921-12-01

VIII be Continued Until Latter
Part of Next Week. 8
The criminal session of the Cobb
county Superior court has been large
ly taken up this week with the case
of John Vinson and Carroll Gates, Full
ton police officers charged with shoot
ing at another in connection with the
arrest of Paul Reed in this county on
charge of speeding several weeks
ago as he and popular young Ma
rletta girl were returning from At
lanta; the jury returning a verdict
of not guilty. The case of Mrs. Vor-
hees, of Austell, charged with con-
Quoting disorderly house, took up
nearly the whole of Wednesday after
noon, about rs witnesses being used.
the veredict resulting in acquital.
The other cases have dealt primarily
with liquor violations.
The case of the two Fulton police
began Tuesday afternoon at 2 o.
clock and the case did not go to the
jury until near a few minutes till
noon Wednesday. Difficulty was ex-
perienced in selecting a jury, the en-
tire list being exhausted and two pick
ups made before the necessary twel-
We men could be secured. Testimony
required all the remainder of the first
day, about twenty witnesses being
used most Of whom were for the de-
Tense, and consisting largely of Full
ton police officials. Argument began
'early Wednesday morning and result
ed In some of the most brilliant dis
play of wit and argument turned loose
here in a long time Judge Morris.
Attorney Hawkins and Attorney
Pomeroy, of Atlanta, handled the case
for defense while Solicitor General
Wood and assistant Solicitor, Camp,
were aided by Messrs. Fred /. Nor
ris, L. M. Blair and j. G.Roberts.
The testimony for the defense
sought to show that the officers I'M
der indictment were merely acting
within their lawful duty in attempt
lng TO stop a speeding car and that
none OF the shots were fired at the
occupants of the car but that all were
hred in the effort to put the car out
OF running order They denied the
charge that any profane language was
used IN the presence of the ladv who
accompanied Mr. Reed when the az
rest was made, or that any nersons
IN the police car were under the in
fluence of liquor
testimony for the state SOUGHT IN
refute this evidence by proving tbot
the oflcers shot in such manner ss
to imperil the lives of Mr.. Reel onJ
ms companion and that in thir +bar.
acted outside their duties as Officers .
law Evidence was also brongbt =,
70 prove that profane language was
USED IN the presence of the lady and
mat the occupants of the police car
including the officers under indiet-
nent was intoxicated
III was pointed out that a nersor
las right to resist arrest on the
part OF an officer unless the latter has
warrant under certain conditions.
= was also brought out by the state
hat 1t is not considered a crime for
person to run when an officer atten-
ITS to arrest such person and that
he officers have no right, except- in
ertaln cases, to shoot the person in
rider to affect an arrest.
The case remained with the iury
or something like an hour.
The jury in the case were as fol-
ows: j. M. Lovingood, j. NJ. Hardage:
!. I. Rutledge; L L Ward; II l. Scott:
W McLain; j. L. Landers; John
/. Terry; D. G. Moon; w T. Shipp:
f. Dawson and A. A. Bishop.
Not more than half the cases on
ne criminal docket are expected to be
lsposed Of this week and the re-
lainder will be called Thursday, Fri
ay and Saturday of next week, the
rst half of next week being given oy-
to the disposition of the civil dock
t running over from last week in
rider to give the jurors q chance 20
pend Thanksgiving at home. The
ase OF W. +. Florence, charged with
lalpractice in Office, is set for Thurs
ay of next week.
The following cases outside of the
wo principal ones tried this week
re as follows:
Clark Prather (colored) verediet of
Utility, liqour. George Peoples (eoI.k
lea guilty, liquor. Clayton Miller
white) liquor, plead guilty. Dave
dorsey (white) pistol; guilty. Dave
dorsey (white) pistol; guilty. Harry
Dunn (colored) burglary, veredict.
oils Strickland (colored) burglary;
eredict; 4 years. Tom Evans (white
to 10 years. burglary. T. j. John
on (white) liquor, not guilty. Sidney
Washington (colored) burglary; A.
ears. Charlie Harper (colored) bur
larry; 3 to s years. 35 bonds for
eitures. W. A. Gresham and Edgar