Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-11-03
PLEA FOR RECEIVER
FOR XII KLUX KHAN
IS DENIED BY COURT
Temporary Injunction
Against Paying Out Funds
Also Refused Rittenhouse.
Faction to Appeal Case

Judge John D. HUMPHREYS an
nounced from the bench Thursday
afternoon that he would Immediately
issue an der denying the petition
for a receivership for the nights of
the I<u Klux Khan filed in June by
David M. Rittenhouse, of Philadel-
phia, and others.
Judge HUMPHREYS based his order
on the statement that "the evidence
submitted at the hearing does not
justify the receivership." He also
denied hat part of the petition which
asked temporary injunction to re-
strain the expenditure of funds until
a klonvocation of the order could be
held on the grounds that there was
no immediate, positive alleged act
that would make such an injunction
necessary.
In ms -s0rneys to draw
up the order along the lines outlined,
Judge HUMPHREYS said that the at
tempt to obtain a receiver Seemed
to be an inside fight of about three
hundred members against the 1,50o,.
600 other members Of the order"
Judge HUMPHREYS announced his
decision Immediately after Attorney
Ben Conyers had completed a vigor.
Gus argument for a receiver. Attor.
neys for the defense did not argue
the case.
Appeal Is Planned
Attorney w. S. Coburn, represent.
ing the Rittenhouse faction, told
newspaper men that he would inne.
diately institute proceedings to have
Judge HUMPHREYS decision reviewed
by the supreme court of Georgia.
Affidavits emphatically denying
that the knights of the Ku Klux
Khan spent money to carry on any
sort of special campaign" were in
troduced Thursday by defense attor-
lature or to anyone else to influence
legislators for pending legislation"
General Forrest declared that the
$1,263.13 advance had been paid by
him to M. o. Dunning and used by
Mr.. Dunning to pay expenses and
salaries of workers in the campaign
for new members. An affidavit by
Mr.. Dunning corroborated this
claim.
Introduction of these affidayits
was the feature Of the morning ses-
sion, and took place just before the
beginning of arguments by attor-
neys.
An affidavit by Nathan Bedford
Forrest, grand dragon for the realm
of Georgia, declared that all moneys
advanced to him during the session
OF the legislature had been used ito
carry on a special campaign for new
members" and that mo part had
been paid any member of the legis-
These affidavits We're int reduced
by the defense in contradiction OF
an affidavit introduced Wednesday
by the plaintiffs in which Henry j..
Norton, exalted cyclops of Nathan
Bedford Forrest khan No. 1, charged
the $1,263.13 had been used to carry
on a special campaign" at the cap
itol during the session of the gen.
eral assembly.
Evans Denies Paper Deal
Early in the hearing g. telegram
was read from Imperial Wizard
Hiram w. Evans, now in Washing
ton, d. c., denying that he spent
$4,000 OF khan funds to purchase IA
carloads Of newspaper for Colonel
Msyfeld's Weekly, a Texas publica-
ton. A charge to the effect that
this money had been so spent was
contained in an affidavit offered
Wednesday by E. J.. Jones, cashier
for E. Y. Clarke, former acting i'm.
perial wizard OF the order.
Affidavits were also introduced by
DR.. w. J. Mahoney, ex-imperial
klokard Of the khan, and J. H. Bush.
circulation manager of the Search
light, declaring that Mr.. Jones had
never been connected with the khan
in an official capacity and had no
way OF knowing of expenditures
except by rumors."
The affidavits stated that Mr..
Jones' only connection with any khan
official had been as Mr. Clarke's per.
sonal cashier.
After the introduction of these az
fidavits the defense closed its case
and Attorney Walter T. Colquitt, of
the law firm of Colquitt & Conyers,
representing the Rittenhouse faction,
began argument for the plaintiff
At the beginning of the Thursday
session an attempt was made by the
defense to have the Rittenhouse pc
tition thrown out of court on legal
technicality. This attempt failed
when Judge John D. HUMPHREYS
overruled special demurrer brought
by Attorney Ben A. Sullivan, per-
sonal attorney for William Joseph
Simmons, who appeared as q ds-
PENDANT in the action.
Attorney Sullivan's demurrer was
based on the claim that the original
plaintiffs in the action had failed
formally to file complaint with the
khan itself. Judge HUMPHREYS stated
that he would overrule the demurrer
at this time, but would hear argu-
ments regarding it when pleas were
filed, il desired by counsel.
Attorney w. S. Coburn, opposing
Attorney Sullivan's contention, stat
ed to the court that the complaints
Of the original plaintiffs had been in
troduced in the record in affidavit
form.
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