Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1922-02-20
DENIES BAILIFF
WASORDERED IN
DARK TO LEAVE
Attorney CEailders, Representing
Accused Schley Men, Says
Bivins Took Fright

4 totfuSy equity, WHO ISpoLtSu ItAo"S
night that he was ordered on penalty
Of his life by group of men in the
dark to leave the home of Henry
! Harvey, whcm he was guarding, was
| concoct.ng the whole story because
4 Of fright was the ckarge made taiay
in formal statement by Zach Child
ders, Americus attorney. Mr.. Child
ers. with Judge e. j. Hart, of the
/ City Court of Ellaville, has been re-
tanned as counsel for Harvey and
! Bennie DeVane, both under arrest
as two of the lynchers week ago of
/ Will Jones, negro farmer. Mr..
Childers stated that on Friday night,
after Bailif Bivins had returned to
Ellaville and reported the alleged
threat on his life, he, had told Mr..
Bivins that it was not true.
! Mr.. Childers dictated the follow
ling statement to a reporter for The
lTimes-Reeorder:
| Il went to the home of Henry
Harvey short time after Bivins left
Friday night. | conferred with the
prisoner, Mr. Harvey. his fa-
ther, two other gentlemen, Mr..
Tidd, jim Phillips and three la
dies who were in the home of Harvey
all that night. They stated positively
mo one had been there to threaten
Mr. Bivins or told him to leave. They
said the only parties who had been
there that night were Mr.. Bivins'
son-in-law, Mr.. Nelson; his son in
laws father and one other person
whose name | do not remember. They
lsaid Mr.. Bivins stated in their pres
ence that he asked these men to come
There that night"
Night Wasn't Dark
In confronting Mr.. Bivins, Mr..
Childers said he asked him whether
The recognized any Of the men who
Threatened him. When Mr. Bivins
Ireplied he did not, Mr.. Childers said
Ehe informed Mr.. Bivins that he did
know them well enough, because they
were the two Nelson men, whom he
/. had invited there.
Il went out around the house that
might" said Mr.. Childers, "and was
liable to see all about 1t wasn't very
dark. The well is only five or six
feet from the house. What was his
son-in-law doing down in the swamp
with lantern if he was out after a
bucket of water? There just isn't
anything to the story; he got feather
legged; that is all, and left the job"
! 1t developed today that after Bail
if Biyins left the Harvey home at 8
O'Clock Friday night, Sheriff Battle
telephoned a Mr.. Tidd and jim
Phillips the latter brother of George
Phillips, one of the five missing
Schley county farmers wanted for
the lynching of Jones, to go to the
Harvey home and act as guards in
place Of an officer that night, which
they did. Saturday night Bailiff A.
J. Autry, of the Lacrosse district,
was sent to the Harvey home, and is
still on guard, it is understood.
According TO Mr.. Childers, Mr..
Harvey has pledged his word that he
will not try to escape, but will sur
| render as soon as able.
1 He seemed greatly relieved to see
me Friday night" said Mr.. Childers.
/! 81 found him in his home propped up
in bed. He told me that folks said
he didn't have much, but that he did
have his honor, and that he wanted
me to carry word to the sheriff as
soon as the doctor said he waso able
mot when he could walk, but as
soon asshe could be moved-he would
voluntarily come to Jail. But ne
/ added that it would take better
man than he to move him until the
doctor said he was able to GO" It
was indicated that he would be in
condition to move in a few days,
possibly week.
4 Will Surrender Soon
Attorney Ghilders Saturday de-
manded of Sheriff Battle commit
ment hearing for Bennie DeVane and
Mr.. Harvey, who were arrested
| Thursday, the first of the nine ac-
cused men to be taken. He said the
sheriff evidently on the advice of
County Attorney McCrory, who is
acting for the state at the present,
refused on the ground that the cor
onef's inquest precluded such hear
| ing Today he communicated with
Solicitor julie FELTON, at .Montezuma
regarding the case, but reported Mr..
FELTON, did not want to interest him.
self in it just now.
Mr.. Childers was in Ellaville this
afternoon and was expected to take
some further step in behalf of his
clients. He insists the law gives his
clients the right of commitment and
will ask Judge Littlejohn of the Su-
perior court for such an order, if the
county authorities there persist in
their refusal, it is understood.
Mr.. Childers was asked whether
| the five missing men in the case will