The Phoenix index., 1940-06-08
Calvin Is
FreedAfter'
2-Day Trial
Indictment Against
Partner Quashed
By Solicitor

ATLANTA, Ga.-(SNS)-
After celebrating approximately
Is minutes Wednesday afternoon,
a five-man jury in Judge McClel-
lan's lower division of Fulton Coun-
ty Criminal Court found City
Policeman James Calvin not guilty
of a charge Of beating colored
taxicab driver on the morning Of
February 20.
An indictment charging Police
men j. D. Adams with the same
crime was mol pressed following
Galvin's acquittal. The two police
officers were partners at the time
the cab driver said he was beaten
about the head and face.
Solicitor Bond Almand, who
recommended that the indictment
against Adams be quashed, explain
ed that it would be necessary to
use the same witnesses against
Adams. He said he didn't think <it
advisable to try Adams since the
jury failed to convict Calvin on
the testimony of the witnesses.
ADAMS NOT ACCUSED OF
BLOWS !
During the testimony in Galvin's
trial, none of the witnesses accus-
ed Officer Adams of striking a
blow. :,
Willie Humphries, 40-year-old
Harlem taxicab driver, and Willie
McHenry, a former cab driver for
the same firm, were the star wit
nesses for the state, both .declar-
ing that Policeman Calvin beat
Humphries about the face and head
with his fists, rubber hose, and
black jack.
McHenry also accused Calvin of
beating him.
The trial was the outgrowth of
an indictment returned against Of
ficer Calvin on charge of beat
ing Humphries in police fadio-ca
while the prisoner was being carried
from the bus terminal to the city
Jail.
According to testimony, Humph-
rieS was arrested and booked on a
charge of interfering with police
men. The cab driver is alleged to
have informed McHenry that the
officers were looking for him.
McHenry, wanted for escaping
from the city stockade, was arrest
ed by the policemen at Frank
Street address. McHenry said Gal
vim beat him while officer Adams
drove to the bus terminal to pick
up Humphries.
DRIVERS CLAIMED POLICE
BEATING
Both McHenry and Humphries
declared that Calvin beat Humph-
ries while en- route to the Jail.
The charges were denied by both
officers. Lieutenant Tippen who
said he advised the officers to ar
rest Humphries declared that he
trailed the car. containing Calvin.
Adams, McHenry and Humphries
to the police station.
The officers said they did not see
any blood on Humphries and saw
nothing wrong with his face when
they arrested him. They also stat
ed that they saw nothing wrong
with him when he entered the city
Jail.
HORNSBY SAW PUFFED EYES
On the stand as a character wit
ness for Calvin, Police Chief
Hornsby said Humphries' eyes were
puffed and his face bruised when
he talked with the victim and his
lawyer one day after the crime is
alleged to have been committed.
The chief said it appeared as
though Humphries had been struck
in the face with a human fist.
In his argument to the jury.
Defense Attorney Charles Bruce
referred to the two state witnesses
as criminals who were trying to
have officers Calvin and Adams
fired.
He said newspapers we're incit-
ing the Negro population in At
lanta. He further stated that
policemen are now afraid to ar
rest colored suspects because of the
incident.
WORLD HELD BEFORE 3A
WITNESSES t,-s
On two occasions during the trial
Wednesday, the attorney held an
Atlanta Daily World newspaper be-
fore witnesses and asked them if
they had read the account of trial
in the publication. Solicitor Al
mand's objection to the questions
were sustained by Judge McClel-
Ian.