The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1923-07-07
ELAINE PRISONERS
ARE GIVEN FREEDOM
Six Alleged Rioters Abandoned
By Sheriff at Peniten-
tiary Walls

Little Rock, Ark, July 3.-One o1
the most intricate legal battles eve,
staged in the state came to a close
Monday when the Arkansas Supreme
court ordered the dismissal of six Of
the Elaine Negroes who twice have
been sentenced to death for murder
in connection with Phillips county
riots of four years ago, which result
ed in the death of three white men.
The high courts decree sustained
the contention of the condemned men
to their rights under a state statute
providing for dismissal of any defend
ant who, for no fault of his own, is
not brought to trial within two terms
of thee trial court.
Those liberated are: Ed Ware, ALI
Banks, Joe Fox, Albert Giles, Jim
Martin and Will Wordlow. Some
of them spent the night at the homes
of their friends while others who are
married., Joined their wives for the
first time in four years.
Six other colored men also were in
dicted and convicted of first degree
murder with the death penalty, but
their cases are now pending in the
United States Supreme court on a
motion to review their trials.
Victory for N. A. A. c. P.
The N. A. A. C. p, with headquar-
ters in New York, has been aggressive
in raising funds and in employing
it's best resources in bringing about
justice for the men involved. Walter
white of the organization making an
investigation and report which
brought to light many of the facts
in the case. Many organizations ano
churches in Arkansas and throughout
the nation have co-operated in max
ing the fight a success. The cost OF
legal defense has amounted to more
than $4,000.
Get Rapid Action
The men actually obtained their
freedom a moment after midnight
(Tuesday) morning, somewhat sooner
perhaps than they or their attorneys
had expected.
A Stirring Climax
Their unexpectedly early release
came about through the determine
tion of Sheriff A. F. Galloway Of Lee
County to obey his order to the let
ter and not go a step further. Act
ing under the orders of Judge E. D
Robson, Sheriff Galloway brought
his men. to- the state prison walls
here. Finding prison officials unWill
ing to accept them and with no high
er authorities to appeal to the sher
iff left them there.
The news of the Supreme Courts
decision did not reach Mariana unit
10 o'clock Monday morning and the
prisoners were notified at once 10y
their attorneys. Sheriff Galloway lost
no time in conveying the news to Cir
cult Judge Robertson, who Immediate
ly issued an order which bade the
sheriff to transfer his prisoners to the
walls" at Little Rock. Thirty min
utes later Sheriff Galloway and Dep
uties Frank O'Shields and Henry
Slaughter left Mariana with th'
men.
The party arrived here at II o'clocl
at night via the Rock Island railroad
the colored men making the entir'
trip without handouts or shackle!
with which they were burdened OF
their previous trip to the capita
city.
Attorneys on the Scene
Attorneys Scipio A. Jones and Rob
ert L. Brooker, conored, who wer
employed in the case, met the pris
oners in automobiles and conveyed
them to the penitentiary still unde
guard of the officers.
At the walls" Warden Martin re
fused to accept the six men as he ha'
no orders. After telephoning to high
er officials the warden sent word t
the sheriff instructing him to tax
the prisoners to a Jail in the city fo
the night until the attorney genera
could be consulted in the morning
The sheriff of Lee county shook hand
with the night watchman and news
paper man and rounding up his depu
/ ties, entered their taxicab and role
off the hill, leaving the Negroes look
ing after him in surprise. ,Sherif
Galloway said nothing to the 'colore
men or attorneys on leaving and
was not until the night watchman in
; formed the attorneys of the decisio
that they knew for certain they wer
free.