The Dawson news. (Dawson, Ga.) 1889-current, 1925-03-17
PISTOLS TAKEN FROM
MEN IN COURT ROOM
TERRELL COUNTY MAN FIG
URES IN SENSATIONAL IN
CIDENT AT ALBANY.

According to the Albany Herald an
exciting scene was enacted in the jus
tice court room Of the Dougherty
county court house Wednesday after
noon following a habeas corpus pro-
ceeding brought by Walter Johnson,
/ of Dougherty county, and Enoch
Thrash, formerly OF Terrell but now
OF Lee county, to prevent being
carried back to c al h oun county
Tor the enforcement of the sentence in
Kidnapping case in which they were
convicted. Judge Clayton Jones, Of
the city court OF Albany, heard the
habeas corpus proceedings and re-
manded both OF them 10 Sheriff T. H.
Plowden, Of Calhoun county. In an
account of the affair the Albany pa
per says
When the men were taken in charge
each was found to have a pistol on his
person, and warrants were promptly
sworn out against each of them, charg-
ing that they carried concealed pis-
tolls and that they carried firearms in
to court room
When Sheriff PloWden took charge
ly surrendered his weapon, but when
an attempt was made to search John
son he resisted, declaring that he was
not under arrest, that he intended to
pay his fine and that the officers had
no right to search him. He was over
powered by about four or five court
attendants and the pistol was taken
from his person.
Bonds of $500 for their appearance
to answer the pistol charges were
posted by johnson and Thrash, the
amount being $3.50 in each case.
Convicted Of Kidnapping
johnson and Thrash were indicted
by the grand jury OF Calhoun county
for kidnapping a negro at the point OF
a shot gun and taking him to work
on farm. The case was tried at the
June term OF the superior court OF
that county last year. and they were
convicted and fined $3.50 each They
appealed the case, but the court OF
appeals sustained the lower court, in
a decision handed down January 9TH
OF this year. On January 18th Judge
w. " Custer granted an order allow
ing the defendants until March 1st to
raise the money to pay their fines.
Last Saturday Judge Custer revoked
the order and issued a new one in
structing Sheriff Plowden to arrest the
men and collect the fine or enforce the
alternative sentence. The order for
Johnson's rearrest was forwarded to
Sheriff O. F. Tarver, who detained |
Johnson for the Calhoun county sher-
iff Thrash was located yesterday at
Wade Larramore's place in Lee coun-
ty, and Mr.. Larramore, who was on
his bond, promised to have him here
yesterday afternoon for the hearing, |
which the men had demanded.
In the meantime Sheriff Plowden
received telegram from Governor
Clifford Walker notifying the sheriff
that a respite of thirty days had been
granted the defendants, pending a
hearing on their plea for clemency.
Judge Jones refused TO admit the tele-
gram in evidence, as it was not adj
dressed to him and had nothing to do
with the case under consideration, he
held, being a matter for the sheriff OF
Calhoun county and Judge Custer to
decide, he said.
Illegal Arrest Charged.
AT the habeas corpus hearing At
torneys W. F. Bell and r. S. Rod
denbery represented the defendants.
They argued that the arrest by the
sheriff OF Calhoun county or any other
sheriff was illegal as the men were
still under bond and that no one but
the surety had a right to arrest them.
They contended further that Judge
Custer had no right to change his or
der granting time for the payment of
the fine and that the sheriff OF Cal
houn county extended credit to Thrash
when he went to see him yesterday
morning and allowed him till that al
ternoon to come in for trial
Solicitor General B. c. Gardner, of
Camilla, was here to represent the
state He declared that Judge Clusters
order allowing time for raising the
amount OF the fine was illegal, and
that he had a perfect right to revoke ,,
it and issue a new order for the arrest
OF the defendants whose convictions |
had been upheld by a higher court.
He declared that a judge has right
to change d sentence ne has imposed |
as long as the term at which it is i'm
posed is still in session, but that in
this case the June term had not only
been adjourned, but a subsequent term
OF the court had been held in Decem-
Der. He said that Judge Custer knew
that he was without authority to ex-
tend time for the payment OF the fines, |
but that he did so out OF compassion
for Johnsons wife He argued that
a Judge has a right to order man
arrested by sheriff, even though the
man is under bond.
Defendants Are Remanded.
Judge Jones overruled the conten-
tons OF the defendants, and held that
they should be returned to Calhoun
county. Defense attorneys asked that