Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-01-17
GRAY MUST REMAIN
ON BASTROP STAND
Judge Rules He May Decline
I to Answer discriminating
= Questions.
ATTORNEYS HAVE CLASH
Coco Contends Defense Counsel
Has No Right to
~ Protest.
ATTORNEYS HAVE CLASH
By the Associated Press.

BIZ the Associated Press.
BASTROP, La, January l1.-JudSe
Fred NJ. Odom today overruled obJec-
ton of counsel for L. y. Gray, wit
ness in the open hearing investiSa-
tion into the kidnapping ard Saying
OF Watt Daniel and Thomas Richard,
hooded band victims, and directed that
Gray should continue his testimony
begun yesterday. Judge doom re-
peated his ruling of yesterday, how
ever. that Gray would not be re-
ouired to answer questions that
might involve statements OF a posi-
bic discriminating nature.
c. w. Barrett as counsel for Gray,
halted proceedings when Gray was
recalled to the witness stand TODAY
with an announcement that because
OF certain newspaper dispatches,
taken to Indicate that Gray might be
made a defendant in criminal aclloh,
he would decline to answer TURNER
questions for the reason his testi-
mony might be used to incrimlnate
him."
Attorneys in Clash.
Howard Warren. special states at
torney; Attorney General \. V. Coco
and his assistants challenged the
right of the attorney 10 protest
against the questioning. Ihey con
tended that in the present proceed
ings, which were solely of an inquisi-
torial nature. the right TO decline 10
answer questions rested win the VIII
ness himself.
Mr. Barnett asserted that the ques-
tioning in some instances had taken
the form of a third degree. Attorneys
for the state vigorously denied that
any such tactics were being employed.
After the argument, Judge doom
held that the witness could not be
required 10 answer questions that
might tend to incrimindte him. but he
would be required TO continue his
testimony with the right. as with any
other witness. to- decline TO answer
discriminating questions.
Excused From stand.
Gray was excused from the witness
stand temporarily for further con-
ference with his attorneys.
Fred Carpenter, parish sheriff, was
the first witness called today. car
pcnter testified previously as to the
arrest OF .AlOuZo Braddock. who was
turned over to him by a party of men.
including Capt. J. X. Skipwith, parish
leader Of the ku kluN Khan.
Carpenter confirmed the previous
testimony of Braddock. that he had
told Bra ddock the latter would have
TO go before a Justice Of tn" peace to
obtain bond and then the warrant to
search Braddock's house was made
out.
Tom r. Higginbotham, the next wit
ness, was questioned as to roads
leading from Bastrop and Mer Rouge,
to his home and how to reach the
home of +. y. Gray. which he SAID,
was on the Coulee swamp road.
What was the warning letter re-
ceived by your cousin. William Higgtn-
botham?"
It told him if he did not leave negro
women and bootleg whisky alone they
would get him. The letter was signed
mot Your Friend"
you are a member of the Khan"
yes"
THE witness described seeing
black hooded men in an automobile
and a truck hauling prisoners away
after the kidnapping of Daniel. Rich
ard and others. August q last. He
said he and Gray continued on the
way to William Higginham's home
land paid no attention to what they
had passed" He said he and Newt
Gray stayed at his cousins home I'M
til about midnight.