Arizona republican., 1922-03-28
FOUR HELD FOR
TRIAL IN JONES
WHIPPING CASE

J. N. Waller, His Sons
Philip and B. F. Waller
And Herbert Neal Held
To Court-Big Crowd At
Hearing
]. N. Waller and his two sons.
Phillip and B. f. Waller and Herb
ert Neal were held to the. superior
court yesterday on a charge of ag-
gravated assault on Rollin p. Jones,
principal of the L.ehi school, who was
taken from his home northeast OF
Mesa Monday night and whipped.
The holding of the four for trial
was announced by Judge r. A. Kings
bury late yesterday afternoon after
a preliminary hearing at Mesa which
had attracted many hundreds of peo-
Pile, the hearing being held in the *.
of P. hall to accommodate the crowd.
In announcing his decision Judge
Kingsbury said there was not suffi-
cient evidence to hold Herman Neal.
Ed Neal, L. r. Neal, Tooler Root and
J, A. Root, and that they would be
dismissed. The other four were held
under their original bonds of $500
each.
Following the. trial which opened
last Saturday morning and in which
three witnesses testified for the state
and two of the defendants were put
on the stand, the case was reopened
at $3.50 o'clock Monday morning. AL
most as large a crowd as attended
Saturday was again present and the
X. p. hall was crowded to capacity.
Chairs were occupied by the women
and children, while all other points
of vantage were occupied by the men.
Deny Taking Part
The trial opened with the placing
Of more of the defendants on the
stand and they all as they were
called testified to their whereabouts
on the night Of March 80. The three
Neal boys said they were at the
Roots playing dominoes on the night
in question and that they returned
home shortly after 9 o'clock. Rela-
tives of the boys and members of
the Root family corroborated these
statements when they were called TO
the stand. John Root and Tooler
Root testified that they we're at home
Monday night, and their mother and
other members of the family when
called to the stand bore out their
evidence.
J. NJ Waller, one OF the defendants
and father of the girl toward whom
Jones was alleged to have shown i'm
proper conduct. testified to his being
at home on Monday night and that
he knew nothing OF the whipping Of
Jones until officers called at his
home about 10 O'Clock. He said that
he had been bothered with toothache
that day. but that he went to bed
early and slept soundly until awak-
ened by the officers.
Waller was asked II he had been
asked concerning the case of Jones
with his daughter, and he replied that
on two different occasions he had
been visited by men unknown TO him
and asked for details Of the case. He
said that he had told them Of the at
fair but that no intimation was made
as to the reasons for their inquiry or
that any action would be taken
against Jones. He declared that ne
would probably not recognize them II
he saw them again. Waller tesufed
that he did not believe in mob rule
or in the mistreatment that had oeen
administered to Jones.
Introduce Letter
Unusual interest developed in the
trial at the opening of the afternoon
session when J. W. Spear. editor OF
The Arizona Republican. was called
10 the stand to testify with refer
ence to a letter which had been re-
ceived by the Republican on March
%, which was signed by the ku klux
Khan and in which it was stated that
the klan was responsible for the pun
ishment of the man Jones and that
the men charged with the whipping
had nothing TO do with it. The letter
which was produced. was said TO pear
the official seal of the ku klux hlan
and appeared to be authentic. Mr..
Spear testified that the letter had
been published in the Republican the
following morning, and the court or
dered it admitted to the recordS.
At the conclusion of testimony by
the defendants. the state introduced
a. number of witnesses endeavorinE
to establish the time that the Of
fensN against Jones was committed
and TO determine the whereabouts OF
an Oakland car with a light colored
top. owned by the Neal boys, on the
night in question Mrs. Sina +. Lew
is, Frank Lewis, Constable o. L.
Pickens. Wiley Simpkins. Cloyd
Simpkins, Miss Coplan, telephone OPP
orator on duty that night, and others
were called to testify.
Arguments in the case were pre-
sented by County Attorney r. Z. l..
Shepherd for the prosecution. and
Attorney Shelly for the defense. At
the close of their arguments the court
announced that a decision would be
given in 80 minutes.
AS the judge returned to court
few minutes before 5 o'clock the
crowd again gathered and after few
moments of waiting for the attorneys
in the case, he read his brief decision
dismissing five of the defendants and
holding the three Walters and Herb
ert Neal.