Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-11-22
EARLY TRIAL ASKED
BY 5 DEFENDANT IN
N|CHTR|DER CASES
Mrs. Stewards Dying Words
Repeated at Hearing
Courtroom Packed
BY DUNBAR HAIR
(Staff Correspondent of The JOurnaD

BUCHANAN, Ga, Nov. 20.-TEe
five men given a hearing here today
on warrants charging murder in con-
nection with the fatal shooting OF
Mrs. Robert Stewart, wife of the
Methodist minister at Draketown,
near here, were remanded to jai:
without bond, after a hearing here
before Judge +. 4. Irwin, of the Tai
lapoosa circuit, on the application
for bail in behalf of the men. The
defense sprung a surprise when it
failed 70 produce a witness, after
it had summoned many friends Of
the defendants.
The mon orered held for grand
jury investigation, and whose cases
probably will be considered next
week, are: Jeff Henderson and his
two sons, Herbert and Otis; Tom Co
Der, Jr., and Cab Bishop. They were
identified by Mr. Stewart, in testi-
mony given at the hearing, as haV-
ing been in the group which at
tempted to abducr him, and later
fired upon his wife last Thursday
night infiicting wounds which
proved fatal twenty-four hours later
in an Atlanta hospital.
The state rested it's case at 2
o clock, ard the defense attorneys
then asked for. time to confer. A
few minutes later, the defense asked
Judge Irwin if he would consider
evidence concerning alibis, in de
termining the question of bail, and
the judge replied that where facts
were involved, it was a question for
jury.
Early Trial Requested
The defense attorneys then an
nounced that they would produce no
witnesses, but asked for an early
trial should the grand jury indict
the defendants.
Solicitor General Ed Griffith, who
conducted the states case at the
| hearing, announced that a special
term Of court would be called to
dispose of the cases, if the grand
jury took action.
Speaking in n soft, conversational
tone, with no show of emotion in his
eyes or voice, Mr.. Stewart, who is
known as tine raiding par$on' Of
DraketoWn, accused five men Of be
ing in the group which tried to 40
duct him from ris little parsol sc
one week ago and which shot his
wife to6eath when she rushed to snis
assistance.
The fearless pastor, who combed
the nei2hbOring woods and hills for
moonshine stills while not tending
his flock, called the names of Jeff
Henderson, and his two sons, Her
bert and Otis, and those of Tom
Gober, Jr., and Cab Bishop as among
those in the group.
MIR. Stewards Statement
His statement follows;
about $50 o'clock on the night
Of November IS, [ was summoned
to the door | had retired but being
told that some men wanted me, L
dressed and went outside.
There were two cars standing in
the road in front of my house. They
contained several men while Il num-
Der of other men stood in a group
around them. AS l drew near l rec
ognized five of the men and hest
tatcd and started to go back. Where
upon, the men seized me and hauled
me into the first of the two autOmo-
bileS
LAS they did. one of them said to
me, Damn you. You have made your
last raid'
About that time my wife came
running out of the house. She cried
to the men to let me out, but they
did not and she opened fire with d
pistol she had in her hand. She
fired only once before she was seized
by three of the men.
Somehow, though, she managed
to free herself from their grasp.
She fired again, but as she did she
stumbled and fell face down. AS
she lay in that position. some one
in one Of the automobiles fired at
her and wounded her. In the eX-
element, l leaped from the automo-
bile and started across the street
for help. AS ! ran. Jeff Henderson
fired at me with a shotgun. Return
! ing | saw the automobiles get under
way, and [ ran to the place where
my wife lay, picked up the pistol
and fired once after them, as they
were moving off in a westerly direC.
ton"
Recognized Five of Party
licitor general, the minister said he
recognized Jeff Henderson, his two
sons, Otis and Herbert Henderson:
Tom Gober. Jr., and Cab Bishop as
members of the group On cross
examination the minister's testi-
mOny was mistaken.
DR.. f. f. Eaves, first witness
called by the state, told how he
rushed TO Mrs. Stewards side soon
after she was shot and of the trip
made to Atlanta TO bring her to the
hospital. where she died.
When l last saw Mrs. Stewart
alive, the physician said. "she told
me she had something of Importance
to say. She drew my head down and
in a weak whisper said. Cab Bishop
was one of the men [ saw in the au-
tomobile before | was shot
The doctor said from his examina-
ton he concluded that both shots
which took effect in Mrs. Stewart
right elbow and spinal column, were
fired from the rear.
The court room was packed to ca
pacity and many interested specta-
tors, who could not obtain seats,
stood leaning against the walls to
CdtCt every WOiQ from the witnesses
Mr.. Stewart was the lone, witness
allowed TO remain in the courtroom
during the proceedings. He was al
lowed to do this at the request of So
licitor General Ed Griffith. who said
he desired the minister's assistance in
the conduct of the proceedings. The
defense. represented by Attorneys
Walter Matthews. Of Buchanan: J. p.
Hutchinson. of Douglas: and c. Is. Nc
Clarity, of Dallas. offered no pro-
test.
Accused in Dying Statement
Mr.. Stewart, who is assisting Of
ficers in their hunt for the persons
responsible for his wife death, hur-
ried here from the sessions in At
lanta of the North Georgia confer
ence, of the Methodist Episcopal
church, south, of which he is a mem