Fitzgerald leader enterprise and press. (Fitzgerald, Ben Hill County, Ga.) 1921-1964, 1923-01-18
FRED STUBS IS
RELEASED ON BOND
Spent Fifteen Months in County Jail;
Amount of Bond $4,000

Judge D. A. R. Crum on representa-
ton by physicians and a petition b,
, leading citizens, both of which appea
IN this article, granted bond to Free
otubbs III the amount of $1,000 TO
MS temporary release from Jail. Hi
attorneys Mcdonald and Mcdonald
have asked for writ of certiorary o
the Supreme court and pending thi
hearing and its final disposition. Stubb.
was allowed bond.
His friends and fair minded citizen.
generally are we'll pleased with thi.
turn IN the affairs of the defendant
who has been held in the highest es.
TEEN by our citizens, prior to this
trouble, IN which it is alleged he had
participated.
Petition for Bond
GEORGIA,-Ben Hill County:
10. the Honorable D. A. R. Crum
Judge Superior Court, Cordele Judi
cial Circuit.
The Petition of Fred Stubs respect-
fully shows;
That he is confined in the COM
mon Jail of Ben Hill County.
Z That the grand jury at the Oct
ODER term 1921 indicted this defendant
tor the offense of murder; that at that
time this defendant was in Florida
and Immediately agreed to return to
Georgia, without requisition and did
| come without so requiring, and at the
October term 1921 the Stat. continued
said case.
5 That at the January term petit
toner was put on trial charged with
the offense of murder in which it was
alleged he had killed one w. T. Reed
and was. by the jury in said case, con-
vfcted of manslaughter and as his SEN
tence was fixed from one to fifteen
years; that thereupon this defendant
tiled his motion for new trial which
was subsequently heard and a new
trial denied, and a bill of exceptions
was filed carrying his said case to
the court of Appeals of Georgia and
the judgement of the lower court was
affirmed, motion for re-hearing was
filed and it was denied December IS,
1922. Thereupon this defendant gave
notice as required by statute of his
intention to certiorari said case and this
defendant is now having said petition
for certiorari prepared and the same
will be presented to the Supreme
Court of January IL, 1928; and that it
will be ten days thereafter before the
same will be considered by the Sup
RENE Court, and it is not certain when
4 Your petitioner shows that
since his arrest he has been confined
continuously in the common jail of
Ben Hill County; that his health has
failed and the continual confinement
will be very injurious to petitioners
health, if not the loss to petitioner of
his life; that petitioner has since be-
ing confined in said jail contracted
tuberculosis of the lungs and is in a
very weakened and emaciated condi-
ton.
5 Petitioner shows hat E. H. Dor
miney, sheriff of Ben Hill County and
Elk. Off. Jailer has been very consid-
crate of petitioner and has allowed
him various privileges on account of
his health.
e Petitioner shows that he can give
reasonable amount of bond and it is
to his interest that he be permitted to
give said bond so that he may be
freed to where he can have the malady
treated and if possible checked before
it has reached too far stage.
Wherefore the premises considered
petitioner prays that his application
be inquired into and that he be grant
ed bail pending the final determination
of his case by the Supreme Court of
said State.
A. ]. & ]. c. Mcdonald,
Attorneys for Petitioner.
Due and legal service of the fore
going petition acknowledged, rule nisi
waived, and | consent that said appli-
cation be heard Immediately without
any further notice
This January 18th, 1928
]. B. WALL,
Solicitor General Cordele Judicial
Circuit
Affidavit of Physicians
Personally appeared before the I'M
dersigned officer, authorized by law
to administer oaths, w. d. Dorminey
| J. M. J. Luke and Frank Ward who
being first sworn desposes and each
on ooath says. that they are practicing
physicians, residing in the City OF
Fitzgerald, Ben Hill County, Georgia
and that they have made an examina-
ton of Fred Stubs, who has been d
prisoner in the common Jail of Ber
Hill County, for past fifteen months
and that we find rales in the center Of
the right lung, also the same condition
in the right axilary. We find his tenn
perature ranging from two fifths tc
two degrees below normal we find thai
he complains of persistent pains in tho
right side and gives a history of night
sweats, together with loss of bodily
weight to the extent of fourteen pound;
He is extremely nervous, at time'
verging on the point of a break dowr
and shows quite a bit of loss of mus
cular tone, and we are of the opinion
that this condition points to incipien
tuberculosis and in our opinion further
confinement will be very detrimental
to his health.
This affidavit is made to be used be
for his honor, D. A. R. Crum, on ap
plication for bail.
w. D. Dorminey, M. D.
. Frank ard, M. D.
J. M. ]. Luke, MD.
Sworn to and. subscribed before me thi'
January Is, 1923.
Annie Mae Hargrove,
N. P. State at Large
: Petition of Citizens
To the Honorable D. A. r. Crum
We, the undersigned are thoroughly
: familiar with all the facts surround
ing Fred Stubs confinement in thu
, common Jail of Ben Hill County.
Prior to the strike we had known