Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-12-16
D BERRY brothers
GIVEN YEARS TERM
FORKILLING FATHER

BANLEY. Ga, Dec. 12.-After de-
liberating eleven hours, a Jury III
Arpling superior court, returned
verdict of guilty of voluntary man
slaughter against Aunley OBerry
charged with killing his father, Lee
O Berry, February Is, 1921.
William O'Berry, on trial next, ac-
cepted like verdict and both were
sentenced to one year.
Elvira O'Berry, the wife, did not
so IN trial, and is out on bond, the
court having adjourned Thursday
night. The three had been tried to-
gether twice before, but the state
elected this time to separate the
cases.
Convicted Twice Before
The trial began Tuesday in special
session of Applng superior court,
with Judge Eschol Graham presid-
ing in place of Judge J. p. High
smith, disqualified. Tuesday and
Wednesday were taken up with the
selection of q jury, the presentation
of evidence and arguments of coun-
sci.
Lee O'Berry was found in a dyins
condition in his back yard, Febru-
airy Is, 1921, after a, commotion at
his house in which gunshots were
heard. At first. the family claimed
that a stranger had attacked him
in the dark and killed him. In the
first trial, Mrs. Elvia O'Berry, the
wife, and William and Aunly, the
sons, were convicted and sentenced
to life. At the second trial before
Judge w. V. Custer, of cambridge,
the three changed their line Of de
Tense and admitted the killing, the
boys claiming that they acted to
save their mothers life when she
had been attacked by the father
who was trying to cut her throat.
Convicted of manslaughter, they
were sentenced to ten-year terms.
They appealed again, and Judge Gus
ter granted a new trial without let
ting it go to the supreme court.
Story of Killing
In the present trial William
O'Berry and his mother appeared
as witnesses for Aunly, who, they
claimed, struck the fatal blow. All
three told the same story, which, in
substance was that Lee O'Berry was
very cruel to his wife, often getting
drunk and whipping her with COW
whip and cutting her with his fists.
The testimony as it related to the
killing was, in brief, as follows:
On Sunday before the killing on
Tuesday night, Lee was in the woods
near his house Cooking liquor and
told his wife if She saw anybody
that looked like the sheriff or other
officer to let him know. During the
afternoon they did see some people
with the sheriff and sent word as
he had directed and Lee turned out
his whisky and beer and left the
still. Nobody arrested him, and Lee
began to accuse his wife of making
il false alarm and causing him to
turn out and lose SIS worth of beer
ard liquor. On Monday, Lee worked
all day in the field, but very often
accused mis- wife of lying about the
officers and threatened to whip her.
Tuesday, Lee left home and came
hack with a jug of liquor and began
drinking heavily until night came,
when he became very rOwdy He be-
gan to abuse and strike his wife
and BROKE a lamp chimney and bot
tie of whisky striking at her. Finally,
ne grabbed his gun and said he was
going to kill her and told her to sd
what she wanted to say to the chit
dren because she was about to
breathe her last. A tussle ensued in
which the mother ran and the fa-
Their followed her with a big stick,
threatening to kill her, and William
shot his father in the side with the
shotgun which he had snatched from
his father. The shots were small
and scattered and did not do the fatal
work.
Aunly grabbed the handle oe q
broken pillow and followed the fathet
who was cVertaking the mother with
threats of killing her, and she was
screaming for help. He struck his
father with the pillow handle three
times, the last time breaking the
skull over the right eye.
Besides these witnesses. a number
Of other witnesses testified as to the
violent character of the dead man.
some saying they had seen him
strike his wife with his fists and
others saying he had beaten her till
she was black.
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