Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-01-26
TRIAL OF DUPRE,
PEACHTREEB BANDIT,
DELAYED TWO DAYS

jewelry robbery near Five Points
on December Is, was postponed
Tuesday until 9 o'clock Thursday on
motion Of the defense.
H. A. Allen, leading counsel for
DuPre, appeared in court with a
badly swollen foot and produced a
doctors certificate saying he was
physically unable to proceed with
the trial.
Solicitor General Boykin, after
scrutinizing the certificate, agreed
to the postponement. but served
notice that the state would expect to
open the trial Thursday.
The certificate, signed by DR.. J. r.
| Nesbit, declared it would be "sui-
ridal" for Mr.. Allen to go into a
lengthy court trial in his present
condition.
Judge Harry Mathews. of Macon,
presiding for Judge John d.
Humphries in the criminal division
of superior court, excused all jurors
in the case until 9 o'clock Thursday.
DuPre Not Present
DuPre was not brought into the
courtroom. Betty Andrews, the
woman in the case, was Kept
in her cell in the tower. A ire
mendous crowd. which packed the
courtroom and overflowed into the
corridors and ante rooms, was vls!-
bly, disappointed when the pair TALL
ed to appear.
After Judge Mathews announced
the postponement the crowds nm,
gered in the room, apparently stlli
hoping a glimpse of one of the prln-
cipal figures in the case could De
had by waiting a while.
/ DuPre was taken from the tower
shortly after 8 o'clock and carried
to the courthouse, where he was
placed under heavy guard In a con.
ference room adjoining the court
chamber. The news leaked out that
he was in the building and deputies
were besieged by hundreds of per-
sons to let them take a peep at him.
Sheriff Lowry did not return Du'
Pre- to the tower until the crowd
had dispersed. -,
Judge Mathews raped for order
promptly at o'clock. Then necks
were craned to see DuPre led in,
but he did not come.
Attorney Allen, his right foot in
a bandage, addressed the court.
1.-TWO boils on my foot have caused
me great suffering for ten days,
he said. II tried my best to get
in shape for the trial. today, but
my doctor advised me last night to
stay off the foot for another day
or two in order to avoid serious
consequences.
THE defense does not want UNI
| necessarily to delay the trial. We
realize it Is case that ought to
be tried as quickly as possible. We
will be ready to proceed Thursday,
am sure" -
Judge Mathews asked Solicitor
Boykin what he had to say about
the postponement.
"Under the showing Mr.. Allen has
made" the solicitor said. Il do not
see how the state can oppose the
| continuance he asks. But I hope
your honor will nave the jurors to
return Thursday in order that we
may proceed"
Change OF Venue Motion
Both Attorney Allen and Louis Eos
| ter, associate counsel, indicated their
| first move Thursday would be a mo-
ton for change of venue, based on
| an alleged ''inflammatroy sermon"
preached Sunday night by the Rev.
John w. Ham, demanding the death
penalty for DuPre.
This and similar utterances,"
cold M. ENoctors ol- q
| to obtain an impartial trial for Du.
Pre- in Atlanta. We think the trial
should be transferred to some south
Georgia city, preferably Savannah or
| Columbus"
The state, according to Solicitor
Boykin, will vigorously resist the
venue motion.
A life sentence for DuPre is the
hope of his attorneys. He having
made a full confession. they will
make no defense, but will offer evi.
dence in mitigation only.
DuPre himself said Monday he
would be satisfied with life sen.
tence. He does not expect less.
1.-The death penalty is what the
state will contend is necessary to
meet the ends of justice in this
case" said Solicitor Boykin.
| 1t was learned Tuesday that the
report of DR.. Frank Eskridge, alien.
list, who made physical and mental
examination of DuPre Sunday
shows him to be physically and men.
| tally sound. 1t is understood this
report will be attacked by the de-
tense, and that other reports will be
| submitted showing him to be a de-
| fective. This was limited by one OF
the lawyers in the case.
| DuPre was disappointed, he told
jai1ers at the tower, because of the
delay in his trial. He slept well
Monday night and got up in excel.
lent spirits.
Relatives at Trial
| Numerous relatives of the leading
figures in the case were at the
courthouse in advance of the hour
set for the opening of the trial.
Heavily yelled, Mrs. Irby C. Wal
ker, widow of the slain Pinkerton
| detective, accompanied by her
father, father-in-law and seven-year.
old daughter, reached the courthouse
at S:45 o'clock. The party went i'm.
mediately to the solicitors office, but
did not enter the courtroom.
| DuPre's father, from Charleston
S. c., sat at the table with counsel
for the defense. Other relatives OF
the prisoner were IN the room.
E. J. Guest, of Gainesville, father
Of Betty Anderson, sat with Fred E
Harrison, the girls attorney.
| The presence of several Atlanta
| ministers and a number of promi
nent women was noted in the crowd
which was variously estimated al
! FROM, o mn TO < mn