Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-09-13
FLOGGING VICTIM
SAYS YARBROUGH
IS WHIPPING BOSS
Continued from page ~

Continued from page H.
assault in connection with the at
tack on Mills.
Mills said he asked the man who
called on him for his credentials
The man, he said, showed him a
badge under his coat.
What happened 20 you after you
talked to Durkee, or Payne?" the
witness was asked.
Was t'lOgged Second Time
ION the next Thursday or Friday
[ was taken out again." was the re-
ply.
At this point the direct examina-
ton was closed.
Attorney Moss, for the defense,
opened the cross examination by ask
ing Mr.. Mills about the letter he had
identified.
Asked by the defense how the men
who flogged him were dressed, Mr..
Mills said they wore long black robes
and Masks
Were the men who took you out
Of the car masked?" Mr.. Ross asked.
yes" Mills replied.
'Was the tall man in the car with
you masked?"
No"
He maintained. however, that he
recognized DR.. Yarbrough.
Asked if he ever told the governor
that Yarbrough was connected with
the whipping, Mills said he did not.
Mills admitted that he went to
GAINESVILLE, Ga, the next day and
asked the chief of police there to as
certain where two GAINESVILLE men
were on the night fthe whipping.
He denied, however, that he had &C.
cused any one at the time.
Answering series of questions
Mills denied that he told Chief of
Police Walter Revere, of GAINESVILLE,
that John Colbert and John Howard
and that later he told Colbert and
Howard that two GAINESVILLE line
men had aided in the whipping.
Mills was asked to state why he
went to GAINESVILLE and said he
went to see postal clerk
Pressed for the name of this clerk
Mills asked Judge Gum:
DO L have to tell his name?"
Yes go ahead and tell it," the
fuuSS IGpll6Q.
wen it was Middlebrooks, Bob
Mlddlebrooks," Mills said.
Recess for Lunch
AT this point court recessed until
) o'clock for lunch.
Inc court room in the CARA 90
building being used as the Bibb coun.
~ courthouse during construction
OF a new $750,000 structure. was
tilled to overlooking at both SEES.
slons of the trial today. At the open.
ing of the morning. session around
zoo witnesses were present bnt
Judge Gum ordered all excluded
from the room.
Judge Gum ordered that the iurv
be kept together throughout the
TRIAL. The crowd at the morning
session was composed almost entire.
" OF men, but when the session was
resumed at o'clock a large number
Oh women were in court.
When court opened ATTORNEY T..
?. Ross, chief counsel. for the de.
tense, moved that Sheriff j. r
Hicks. Jr., and his chief deputy, J..
Lane Mutually, be barred from hav.
ing charge the jury or in any way
communicating with the jury. He
charged that they had offered re-
wards for the arrest and conviction
Of floggers, and that they were TAX
ing an active part in the prosecu
ton of the case, the sheriff having
aided the solicitor in selection of the
Jury. Mr.. Ross also asserted that
the sheriff and his chief deputy had
caused warrant to be sworn for
DIR. Yarbrough, charging him with
whipping w. o. Barnett.
In reply Solicitor Moore asserted
that the state was prepared to prove
that the attorneys for the defense
also were partisan, and that at least
some Of them were members of the
ku KluX Khan. Judge Gum halted
him, however, and appointed Deputy
Sheriffs Roberts and Brannon to
take charge of the jury. The de-
tense then moved that Roberts and
Brannon be removed, but Judge
Gum Overruled the motion.
Mr.. Mills then was recalled to the
witness stand and cross-examination
resumed.
who were the men in the car
with you the night of January 10,
1922" Mr.. Ross asked.
Il don't know" was the reply.
"Who was the man who got into
the car later?"
81 don't know"
Judge Gum sustained the objec-
ton of the state to questions regard
ing Madge Hunnycutt, and. the cross
examiner began series of questions
regarding the witness knowledge of
rewards offered Mills said he saw
IN the newspapers that rewards had
been offered.
Women Leave Courtroom
Did yoE tell newspaper reporters
on the night of November 4, 1922,
when you were whipped, that one of
the men came out of the sheriffs of
fice?' he was asked.
Il don't remember. I might have
said lots of things in the heat of pas
sion while I was hurt" he replied.
Pressed for more particulars of his
conversation with a Macon Tele-
graph reporter, he said that the man
he referred to as from the sheriff's
office was ]. D. Patrick, and that at
the time he thought Patrick was con-
nected with the sheriff's office. Pat.
rick was deputy sheriff in munich
pal court.
isn't it fact that ]. B. Allen. a
patrol driver, on duty on Cherry
street, hearing screams in the park,
found that you were trying to XIII
the woman. Madge Hunnycutt?"
Before the witness could answer
Judge Gum halted the attorney and
warned him that he was getting back
to a barred subject. The jury was
again sent out while the lawyers ar.
gued. The court held that the cues
tons were irrelevant and could not
again be asked.
Judge Gum at this point stated
that the investigation apparently had
taken a trough, even vulgar turn,
and if the ladies in the audience
wished TO leave they could do so.
EVERY woman in the courtroom left.