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

Habeas corpus proceedings in be-
alf Of Bennie DeVane, held in jail at
Ellaville under warrans charging
murder in connection with the lyneh-
ling. last week of VIII Jones, a negro,
were instituted in the Superior court
of Schley county Monady Afternoon
by Zach Childers, one Of the attor-
neys for the defense. The order for
a hearing to show cause why DeNa1le
should not be given his freedom by
the granting of writ Of habeas cor
pus was signed by Judge q. A. LittIe-
john in Amerieus, the date OF the
hearing to be next Tuesday, Febrsf-
ary 28, at 10 a. m. at the court house
in Amerieus.
It is believed not to be the expec-
tation Of the defense that the court
win grant. the writ, but rather move
to compel the state to show it's hand
1t is presumed that the defense will
make little effort to combat tl1e
states evidence at the hearing other
than to protect its interests, being
content merely to discover the specific
allegations against the prisoner.
"We don't yet know what our
client is charged with" said Mr.
Childers, "and until we do know we
are groping in the dark and cannot
make much headway in preparing to
combat it,
Asked whether his client would
admit being one of those who called
Iat the home of the negro Will Jones
on te Sunday night Of the first
shooting, when both DeVane and
Henry Harvey were wounded, alleged
to have been shot by the negro. he
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 his eli-
Ients were there at the time. He said
they were not at the shooting ilext
day, however.
That the state will have difficulty
in proving this allegation, in case It
makes 1t, as is supposed will be done,
lis pointed out by one who has com
sidered the situation carefully. Up
to this time no denial has been made
that both DeVane and Harvey were
at the negro's home and that they
were shot there. In fact, it was this
shooting Of them by Jones, after he
was alleged to have been shot BY one
Of them, that led to the lynching next
day II is pointed out that up to this
time the only statement placing them
.at the negro's home came from the
negro's own statement to r. II. Allen,
the white neighbor. to whom he ran
Tor protection, and that this state-
ment would be inadmissible as evi-
dence in court, being classed as hear
say. The report that the negro made
a dying statement to two E,lavilie
citizens after the second shooting is
said by Attorney Childers to have
been carefully "run-down'' and to be
without any foundation. ssThe negro
never spoke word after the second
shooting" said he.
At the coroner's inquest it Is ura-
derstood to have been charged that
the negro was fatally wounded at his
home Sunday night by a shot fired
through his body by either DeVane
or Harvey, the county physician hav-
ing given such testimony. It is point
ed out that inasinueh as this officers
examination was not made until af-
ter the negro had been well riddled
with bullets the next day, it would
be difficult, if not impossible, to es-
/ tablish which wound was made be-
fore the lynching and which actually
killed him.
The hearing next Tuesday in
Americus is expected to be attended
by large number of Schley county
citizens, because Of the great inter.
nef 4I,x, ,sno