Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-05-10
WILLIAMS MOTION
FOR NEW TRIAL IS
DENIED BY. COURT

Denial of John S. Williams mo-
ton for new trial, steps by his at
torneys to carry the fight to the SUI
preme court. and announcement
that Clyde Manning, negro farm boss,
will be tried in Covington on May
80, were the major developments Sat-
urday in the famous Jasper county
murder farm" case.
Williams. when seen in his cell in
the tower late Saturday, declined
to comment on the decision of Judge
John e. Hutchinson which denied his
motion and dimmed his chances for
a second hearing before a jury.
Il am not going to talk about my
case-you might as we'll understand
that and beat it." he shouted to
Journal reporter. Then he launched
an embittered attack on "all the
using a number of very
choice phrases in paying his respects.
He delegated the newspapers and
newspaper reporters to the foremost
section of the lower region, and de-
clared nothing but lies from begin
ming to end have been printed about
his case.
DR.. Gus Williams. eldest son of the
convicted man, called at the tower
shortly after the hearing was COM
pleted and Informed his father he
had been denied second trial.
To Appeal Decision
Jail attendants said the prisoner
showed no emotion. but began to tell
his son of the contrast between the
meals served eI, in the tower and those
on the death farm He asked his
son to have the folks at home Ego
fishing" and send him some fish i'm
mediately, jailers declared
Greene F. Johnson. the well-known
Monticello lawyer who defended Will
liams at the first trial in Covington
in April, filed a bill of exceptions i'm
oVer-ruled the new trial motion and
prepared to fight the famous case
through the supreme court.
THE court should get the case on
June 3. but de do not look for a deci-
sion until late in the fall" said At
torney Johnson.
In the meantime. it is probable
tower instead of being sent to Mil
ledgeville to the state penitentiary.
Judge Hutcheson's decision of Sat
urday may mean that there will be
no further trials of the planter for
many months, if ever. Attorneys
for Williams are of the opinion that
the state will not attempt to, try
of the murder indictments against
him there. and they declare that they
would be able to prevent any at
tempt to try him again in Newton
county by interposing plea of for
mer jeopardy. based on the conten-
ton that the killing of Lindsay Pc
terson and Willie Preston was one
volition, one act and one result, and
that the state cannot legally sepa-
rate the charges. The recent con-
viction was for the murder Of Pc
terson.
Moreover, it was pointed out by
Williams attorneys that there can
be no trials in Jasper county until
jurisdiction is given that county by
Newton county, and there can be no
waiver of jurisdiction by Newton
county until the supreme court hands
down it's decision.
Manning Trial May 80
Interest in the case now centers in
the trial of Clyde Manning, negro
'trusty' on Williams farm and the
confessed slayer of eleven negro
farm hands under his employers or
ders. Judge Hutchinson announced
that the negro will be tried in Cow
ington, beginning Monday, May 30,
Court officials believe the trial can
be completed in two days. Manning
will plead mot guilty" and will con-
tend that he was forced to Stay the
farm hands to save his own life.
The failure of Williams motion for
a new trial Saturday ended the con-
nectiOn with the case of william M.
Howard, the Augusta attorney who
assisted Solicitor General A. NJ.
Brand in the prosecution. Attorney
Howard returned to Augusta Satur-
day afternoon.
The hearing, which was held in De-
catur, consumed less than ten min
utes. The records in the case, to-
gether with the brief Of the defense,
which assigned numerous instances
of error in the trial, were submitted
to Judge Hutchinson without argu-
ment.
After scrutinizing the records
briefly, the judge disposed of the mo-
ticn in these words:
This case has been we'll consid-
cred, and the motion for new trial
is oVer-ruled."
Apparently, Attorney Johnson had
anticipated an adverse decision. He
was on his feet in an instant with
his bill of exceptions, which he said
had been prepared before he left
Monticello Friday.
Judge Hutchinson signed the bill of
exceptions, and the case will now go
through the usual channels to the
supreme court.
OGLETHORPE PLANTER IS
INDICTED IN CHATTANOOGA
4 JTTJ 4
An echo of the Georgia peonage sit
uation was heard Saturday, when it
became known that indictments had
been returned by the United States
grand jury against A. H. DunnaWay,
q wealthy planter of Oglethorpe, Ga,
on the charge of being the chief con-
spirator of peonage plan developed
theory, by John Dunnaway, BROTH
err, and Tom Erwin, a deputy sheriff
Of Oglethorpe county.
All the men named have been In
dicted, but issuance of process will
probably not take place until the eve
of the next term of federal court.
1t is understood that the prosecu-
ton of the Dunnaways and Erwin
was directed from the office of at
.orney general in Washington, being
the outgrowth of a series of habeas
corpus cases instituted here two
years ago by Attorney j. waiter
Peak, counsel for John Muckle, a
negro, in which it was charged that
peonage was the motive for the at
tempt to take several negroes back
to the state of Georgia to stand trial
for various offenses.
The government then dispatched a
secret service man to the section
where the Dunnaways live and as a
result, United States Attorney Ken
nerly, of the eastern district of Ten
nessee. was directed by the depart
ment of justice to prosecute the
cases in which indictments were
found here this week.
\ number of negroes were brought
here this week from Oglethorpe cOun-
ty to appear before the grand jury
charging the DunnaWays
and Erwin with conspiracy to vio-
late the peonage laws, with impress
ing three negroes into service against
their will and with practical opera
inIo ~ or