Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1922-02-21
DEFENSE TAKES
STEP TO FORCE
HAND OF STATE
Hearing Set By Judge Littleiohn
For Americus Next Tuesday
AT 10, O'clock

Habeas corpus proceedings in be-
alf of Bennie DeVane, held III jail At
Ellaville under warrant charging
murder in connection withstne lynch
ing last week Of Will Jones, a negro,
We're instituted in the Superior court
of Schley county Monady afternoon
by Zach Childers ,one of the attor-
neys for the defense. The order for
hearing to show cause why DeVare
should not be given his freedom by
the granting of a writ of habeas corr
pus was signed by Judge y. A.. Little-
john in Americas, the date of the
hearing to be next Tuesday, Febru-
ary 28, at % a. m. at the court house
in Americus.
1t is believed not to be the expec-
tatlon Of the defense that the court
will grant the writ, but rather j move
to compel the state to show it's hand.
1t IS presumed that the defense will
make little effort to combat the.
states evidence at the hearing other
than to protect its interests, being
content merely to discover thp
alterations against the prisoner Il
We don't yet know wliag Aass
client is charged with, 2 said
childers, "and until we do know sss il IL
are cropping in the dark and cannbg
make much headway iii nreparine IL.
combat it.
Asked whether his client would
admit being one Of those who called
at the home Of the negro win Jones
on te Sunday night Of the FIRST
shooting, when both DeVane and
Henry Harvey were wounded, alleged
to ave been shot by The ,aegalo, irs
said that no denial and no admission
was being made, that it had NOT
been revealed to him yet whether ii
was charged by the state that II cli-
ents were tere at the time. He said
they were not at the shooting nexE
day, however.
nat the state will have difficulty
N proving this allegation. In case H
iliaNes les as rs supposed will be done.
Is pointed out BY one who has eo,,
the situation carefulyl. III
70 TINS time no denial has been maae
that both DeVane and Harvey wees
at the negro's home and thai tbav
were sot there. In fact, it was tins
sooelng Of tenn by the negro, after ha
os alleged to have been shot by o,,a
y tnem, that led to the iynching next
Gay. It IS pointed out tat IN q fl,;s
time the only statement placing chem
~ e1le negross home came from fha
negro s own statement to r. i. Allan
she white neighbor to whom be 81,
iof protection, and that this stata
nisht would be inadnissibie d evi-
dehee y court, being classed a. ea,ss
gay, ife report that the negro mada
9 dylng statement to two EllavilIe
after the second shootino s
ss'id oy Attorney Childers r. Iava
oeen carefully run+downV and Il IS
without any foundation. 1erhe uaorn
never spoke word after the see5,,,ss
shooting, said he.
AT the coroner's inqlest Il &
!, aefstood to have been charged HAT
tlle negro was fatally wounded at b;s
nome Sunday night by d shot fred
his body by either Devana
q Harvey, tie county physician bau
ans gwen such testimony lis point
g OUT tat lnasmuch as this officers
examination was not made until af-
Ter the negro had been well riddIed
VT hbuilets the next day, it would
Is olificuit2 # not impossible, to IS.
.apilsn which wound was made be-
,ore the lynehing and which actually
killed him.
Inc hearing next Tuesday ii
!. aIheficus Is expected to be attended
py large number of Schley county
citizens, because Of the great inter-
est in sthe faco