Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-09-13

y
to GAINESVILLE the day after you were
whipped on January 10, 1922" HI
asked.
Il went to see d postal CLERK
named Middlebrooks regarding who
mailed the letter to the Ku KluX
Khan in Atlanta" Mills replied.
The defense objected, but was over
ruled.
did you come to the sheriffs Of
flee voluntarily and give up this in
formation?"
mo"
did you receive a message in a
barber shop that the sheriff wanted
to see you?"
81 did"
Then you came here because you
were sent for?1.>
YES"
The defense objected to the ques
tons as leading, and Judge Gum
warned the solicitor to be careful.
Mills was excused after the judge
had asked him a number of ques-
tions regarding his knowledge of the
| Columbus road on which the whip
ping occurred.
Durkee on Stand
J. P. Durkee, organizer for the Ku
KluX Khan in Macon, then WaS call
ed, by the state. Durkee yesterday
was arrested on a rioting charge in
connection with the Mills case.
Durkee admitted his connection
with the khan, and said that he came
here the first Tuesday in June, 1922.
He said he had office space with DR..
Yarbrough, and then identified a let
ter dated October 81, 1922, which he
said he gave to the solicitor. He said
he obtained the letter from DR.. Var
brough. He also identified two let
tiers, one addressed to the tx. K. K, "
and the other addressed to DR.. Var
| brough. He said the letters came
from DR.. Yarbrough's desk, he said
| He said he showed these letters to
M. q. Dunning, chief of staff of the
khan for Georgia, and then turned
! them over to the sheriff. He was
asked also if he did not show the
| letters to khan detectives Simpson
and Perryman. He was asked if
there was not a large pile of other
| letters there, and the defense object
ed. The solicitor said he sought to
show that many letters were burned
! by DR.. Yarbrough since the inquiry
was started. Later however, he
withdrew the question.
When you received these letters
what did you do with them?' he was
asked.
81 read many of them or scanned
them and turned them over to DIR.
| Yarbrough."
On cross examination, Mr.. Durkee
said that he used different desks in
DIR. Yarbrough's office at. different
times, and that while he was not
] ~ nN,H, ICrl1 L.
letters ne knew he had seen some
of them.
Deputy Sheriff Called
Mr.. Durkee then was excused. and
Chief Deputy Sheriff J. Lane Null
= ally was called. He was asked what
DR.. Yarbrough said when he was
arrested, and replied:
j He said he had been expecting it
for three or four days"
( He was excused, but the defense
called him back and asked him if he
had seen an article in the Macon
4 Telegraph and about statements by
Charles Hall at a KiWanis club meet
ling that it was rumored that a prom
inent dentist was the whipping boss
of Macon"
He then was excused, and a short
recess ordered.
/ H. r. Perryman, a Ku Klux Khan
detective, was the next witness. He
said his business in Macon was in
Vestigation of whippings. He came
here three weeks ago, and said he
! saw DIR. Yarbrough on the day after
! he arrived.
He said the first time he saw DR..
I YarbrOugh the latter told him he
knew nothing about the whippings.
The. second time he saw DR.. Var
! brough was on August 80, last, when
! the dentist came to his room. He
said DR.. Yarbrough asked what head
way had been made, and that he
| (Perryman) told him at looks pretty
bad for some of the boys
| He then asked me if it wasn't
able excuse to drop the investiga-
ton and leave town. I told him +
couldn't do that"
Mrs. Linwood Bright, of Allan.
ia, was among the witnesses call.
ed. Mrs. Bright's husband was
among the men alleged to have
been victims OF the floggings.
Sc Witnesses Called
The names of fifty-six witnesses
were announced by Solicitor Moore,
including a dozen Or more women,
reported to be relatives of flogged
persons. The defense then began
calling a long list of names of wit
nesses, many said to be character
witnesses, among them many min.
listers and business men.
DR.. Yarbrough, on being arraign-
ed, pleaded not guilty. The charge
as read in court was that DR.. Var.
brOugh, J. y. Patrick and J. E.
BlOodworth assaulted r. f. Mills.
| The specific charge against DR.. Var
brough in this particular case is
rioting.
John P. Ross, former solicitor gem
eral of Bibb county, leading counsel
for DR.. Yarbrough, challenged the
| jury list presented for duty in the
! had been made in the list and a
second list was called.
Solicitor Moore sought to ask the
| jurors if they were, or had been,
members of the Ku Klux Khan. At
! torney Ross objected to this ques-
/ ton, asserting that the Ku K1ux
Khan was not on trial. Judge Gum
overruled the objection and the so.
licitor proceeded to question the
/ talesman.
w. b Abbott was the first juror
accepted by both sides.
Selection proceeded slowly, each
talesmen being asked the usual list
of questions regarding relationship
to the defendant and knowledge of
the case and in addition the question
as to whether he had any connec-
ton with the Ku Klux Khan. The
defense objected each time to the
question.