The Republican. [volume] (Oakland, Md.) 1877-current, 1923-12-13
CRIMINAL DOCKET WAS
|, JAILED MONDAY MORNING
Ira Culp and Son Payne Culp,
Indicted For Assault Upon
Officers, Pied Own Cases


bench, the criminal docket was taken
up and prisoners now in Jail await
ing trial upon various charges were
arraigned before the Court.
When Ira Culp and his son Payne
Culp, who have been in jail since
early in September, the latter being
held in lieu of bond and the former
serving a nine months sentence i'm
posed by the Federal Court for violat-
ing the Volstead act, and who were
indicted by the recent grand jury on
three charges of violating the law of
the State, Ira Culp made motion
for a change of venue, declaring that
he could not obtain a fair and impair
tial trial at the hands of a Garrett
county jury, his chief argu-
ment being that a number Of years
ago he advanced the theory of evolu-
ton of the human species and as a re-
suit he was dismissed as a public
school teacher, since which time he
has been unable to obtain position
in the teaching corps of the county
and the public has been arrayed
against him. The Court ruled that
this plea on the part Of Culp for a
change of Venue was not based upon
proper grounds and denied his motion.
Yesterday morning the case of the
Culps, father and son, on the indict-
ment returned by the grand jury for
assault upon Sheriff Jesse J. Ashby
and Constable Frank Browning en-
September 9Th at which time they
went to Culp's home to serve a war
rant upon the elder Culp for an al
legged assault upon Mr.. and Mrs. Rob
ert Shaw, which occurred some time
previous to the officers visit, was call
ed for trial. The court room was
packed to overlooking as it had been
given out that Culp would appear as
his own attorney and having had some
experience as a lawyer and much pub
LEFTY as a violator, was sufficient to
draw the crowd to the court room.
The case was heard by a jury of
which Mr. William A. Smith was fore
man. States Attorney W. r. Offutt
made the opening statement to thu
jury, citing the law in the case pend
ing and reviewing the matters which
led up to the arrest Of Culp and his
son. Culp refrained from making an
opening statement contenting him.
self with saying that he would not at
this time say anything"
Constable Browning was TIE first
witness for the State ard gave de-
tailed account of his visit in company
with Sheriff Ashby, Federal Agent
George w. Hawkins and Federal
Agent William Harvey. He also de-
tailed the manner of their reception
by Culp and his son when they APP
peared on the porch of their home
with loaded rifles and commanded
them to lift their hands and halt.
Sheriff Ashby followed Constable
Browning and his testimony did not
materially differ from that of Mr.
Browning, except that he told how Lis
hands went up and stayed up, which
was no discredit to the officer, bu
rather commendable.
Both Culp and his son cross ques
toned the States witnesses, Culp oc
casionally breaking forth with the as
sertion that he was only defending hi:
property against invasion by Agen
Hawkins and "his gang"
Following the testimony of the of
ficers of the State Payne Culp took thu
stand and detailed quite clearly tn
visit of the officers. He stated tina
the first intimation he had of the pres
ence of strangers upon the place wa
when his father came into his room
and said, "Hawkins is coming" Tha
brought young Culp up standing, fo
he was lying on a mattress at til
time, and grabbing a rifle from a pc
sition easily within reach he yau.te
through a window onto the porch an
with gun loaded, cooked and aimed h
commanded the officers to halt an
throw up their hands. After som
parley, Culp said he surrendered t
Sheriff Ashby upon learning who h
was and the business that took him t
. the Culp home.
" Ira Culp followed his son as a wit
ness and detailed in about the SAM
manner the officers visit, averrins
however, that he also surrendered
a peaceful manner upon being mad
acquainted with the facts and tha
Hawkins and his gang" had not com
to raid his place in violation of +
rights of a citizen guaranteed undo
the Fourth Amendment to the Cons!
tuition of the United States for whic
principle the blood of nations ha
been shed for 7O8 years" Culp sal