Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-03-01
REFUSED
To ARREST SLAYER.
WITNESS ASSERTS
Federal Inspector of Tick
Eradication Is. First Wit
ness in Conspiracy Trial Of
81 EchoIs Citizens

NALDOSTA, Ga, Feb. 2S.-Fol'
lowing completion of d jury III
United States district court here to
hear the trial of cases against TWEEN
ty-one Echols county citizens charged
with conspiracy to violate the federal
dipping law, DR.. Sim j. Horn, fed
eral inspector of tick eradication,
was placed on the stand as the first
government witness.
DR.. Horn told of lack Of co-opera-
ton given the work in Echols county
and of the alleged refusal of Sheriff
Pennington to arrest Mann Carter
and his son, after the killing of
Range Rider Lochridge. He said he
had sworn out warrants against the
Carriers, but the sheriff told him he
was unable to serve them. Dr..
Horns testimony occupied the re-
mainder of the morning session of
the court.
Counsel for the defense objected to
much of the testimony and to Dues
tons asked by Judge Barrett.
Assistant District Attorney Red
ding refused to accede to a defense
request for list of government wit
nesses and was sustained by Judge
Barrett, the court ruling the defend
ants could get the names of the wit
nesses as they were presented.
The Jury
The Jury selected is composed OF
E. J. Pedrick, of Quitman; Grant
Roberts, OF Alma; Reason Hender-
son, of Midtown; George T. Young,
of Fitzgerald; Samuel Purvis, of
Ocilla; J. w. Balinger, of BalIa; H.
kirkland, of Douglas; j. L. Walker
of Blackshear; Harmon Harrell, of
Whigham, and John S. Griffin, of
Nashville.
1t was related by DR.. Horn that
when the federal rangers were car.
ried into Echols county he made an
effort to secure a boarding place
for the men in Statewide, but failed
Because of objections by counsel for
the defense he was not permitted to
tell of remarks he heard on the
side, but he did state under oath that
his men had to sleep in the woods
until such time as land could be
rented on which to establish the
camp, which afterward became
known as Camp Mckinnon.''
DR.. Horn also related conversa-
tons he had with Sheriff w. w.
Pennington regarding the fight
staged on the streets of Statewide
between w, ID. Counts, an employ6
of the bureau of animal industry,
Fred Carter and Will Carter, with
Mann Carter standing by The wit.
ness testified that Sheriff Penning-
ton told him he saw a part of the
fight, went across the street and
stopped it. He said the sheriff told
him he had made no arrests, but did
not state why.
Judge William II. Barrett late yes
terday overruled a demurrer attack
ing the constjtutionality of the cat
tie dipping law as presented by the
defense. The demurrer cited that
the act of congress creating the bl-
reau of animal industry contained
no provisions for such prosecution,
and the federal agriculture depart
ment and the animal industry bureau
had no authority to enforce cattle
dipping unless such cattle were in
tended for interstate shipment.
Claim of Defense
The defense claimed that dipping
and other work in connection with
tick eradication on domestic animals
not intended for interstate shipment
was vested solely in the state gov
eminent, and that, therefore. the in
dictments against the defendants are
defective and of no effect.
Only d short time was required to
select a jury late yesterday. Court
attaches declared today they expect
ed the trial to last probably a week.
The present trial grew out of the
alleged killing of a federal dipping
inspector by Mann Carter and his
son in EchOls county about a year
age. An EchoJs county grand jury
declined to return a true bill against
the Carriers and a federal investiga-
ton resulted in returning indict-
ments against the Carriers and nine.
teen others who are said to be prom
inentlY connected in the Georgia cat.
lie country.
Mann Carter is also charged with
resisting It government officer and
blowing up dipping watts.