Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1946-10-12
Georgia Sheriff
Convicted in Death
OF Negro
FINED $1,000 ONE
YEAR IN PRISON

jury in the United States Dis
trict Court here last Thursday on
charges that he violated the civil
rights of a 60-year old farmland
by beating him until he jumped
into the Suwanee River and
drowned.
United States District Judge
Dozier A. Devane Immediately i'm
posed a sentence of one year in
prison and $1,000 fine, the max
imum under the civil rights stat
ute.
Defense council said they would
file a motion for a new trial and,
if denied, would appeal the ver-
dict.
The government contended that
Crews, ex-town marshal of Brans-
ford, Fla, beat Sam Askins Nc
Fadden with a pistol and COW
whip on September 81, 1915, I'M
til the farmland was forced to
leap into the river.
1t was charged that Crews had
McFadden under arrest at the
time and that McFadden's con-
stitutional rights were violated in
hat he was deprived of life and
liberty without due process of
law"
Herbert S. Phillips, the United
States District Attorney, and
Fred S. Rogers of Washington,
who was assigned by the Justice
Department to assist in the pros
ecution of the case, placed wit
nesses on the stand last Wednes-
day who testified that Crews
picked up McFadden in Brans-
ford, took him in a car driven by
the officers nephew, James B.
Barber, to a remote spot off the
Tallahassee highway, and beat
him with a COW whip in the pres
ence of Barber and Lloyd Cribs,
who was a passenger in the car.
The three white men and Nc
Fadden the proceeded to a bridge
over the river near EIlaviIle.
Crews, his nephew told the jury,
took the farmland from the auto
mobile and told Barber and
Cribs to drive down the road
about a half mile, and then come
back.
Crews was alone when they re-
turned, Barber said.
McFadden's body was found in
the river later. RI. C. L. Adams
of Live Oak said he was not
able to certify death resulted
from drowning. The skeleton,
however, showed no fractures, he
said.
The defense offered testimony
that McFadden threatened the
constable's life and that the
whipping resulted from a personal
grudge between the two men.
Singularly, two of five defense
witnesses were colored Ont of
them named Robinson testified
that Crews in May, 1915, drove
up to McFadden's STARTERS and
that he, Robinson, cursed him.
When he recognized the consta-
BILE, Robinson said, he was apo
logizing when McFadden came out
of his house and in very profane
language cursed Crews out and
accused the constable of trying
to drive him off his place.
Robinson added that McFadden
threatened to kill the constable
and went into the house to get
his gun.
The other colored witness, nam
ed West, testified that Crews
pointed his gun at the door and
said if McFadden came gu with
a gun, he was going to kill him.
West said he went inside the
house and took a gun away from
McFadden.
In Washington. attorneys in the
civil rights section of the crimi-
nal division were jubilant and saw
in Crews conviction confirmation
of their belief that they can get
convictions in civil rights cases
where law enforcement officers
are not able to prove that the vic
tim himself was violating the law
and the use of force was neces
sary.
Mr.. Rogers, who was sent from
here to assist the United States
District Attorney a Jacksonville
was picked GU for the chore be
Luooooe Headquarters