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


dark to leave the home of Henry
Harvey, whcn he was guarding, was
concocting the whole story because
of fright was the oharge made t17ay
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..
I Childers stated that on Friday night,
after Bailiff Bivins had returned to
Ellaville and reported the alleged
threat on his life, he ahd told Mr..
Bivins that it was not true.
( Mr. Childers dictated the follow
ing statement to a reporter for The
Times-Recorder:
Il went to the home of Henry
Harvey a short time after Bivins left
Friday night. | conferred with the
prisoner, Mr.. Harvey, his father, his
father, two other gentlemen, Mr..
Tidd, Jim Phillips end three la
dies who We're in the home of Harvey
all that night. They stated positively
that no one had been tere 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; is son-in-
laws father and one other person
whose name do not remember. They
said 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 MIN whether
he recognized any of the men who
threatened him. When Mr. Bivins
lreplied he did not, Mr.. Childers said
he informed Mr.. Bivins that he did
know them well enough, because they
lwere tie two Nelson men, whom he
had invited there.
gocves?Nigthhetao sh cmfwy vbg
Il went out around the house that
might" said Mr.. Childers, "and | was
able to see all about. It 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 a lantern if he was out after
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 Bivins left the Harvey home at 8
O'Clock Friday night, Sheriff Battle
telephoned Mr.. Tidd and jim
Phillips, the latter brother of Ed
Phillips, one of the five missing
Schley county farmers wanted for
the lynchin gof 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 hsi word that he
will not try to escape, but will sur
render as soon as able.
"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
soop as the doctor said he was able
not when he could walk, but as
soon as he could be moved-heswould
voluntarily come to Jail. But he
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,
possibl va week
Attorney Childers Saturday de-
manded of Sheriff Battle commit
DleHL IOI Dcillltc LIE v dut anu
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 che. ground that the cor
.oners 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 a commitment and
viii ask Judge Littlejohn Of the SUI
,perior court for such an order, if the
county authorities there persist in
their refusal, it is understood.
Mr. Childers was asked whether
IL ex. - ,.,,,, -. ~, I. .,aa<, xpiTl