Evening star., 1947-05-18
|Acquiiial of 10 Asked
As State Closes Case
In Carolina | lynchi!ng
BY The Asseeioied Press

/ J. "
GREENVIILE, S. G., May IT,.
The State rested its case today
against 81 white men accused Of
Iynching South Carolina Negro.
and Circuit Judge ]. Robert Martin,
jr., took under advisement defense
motions for directed acquittal OF 10
defendants.
Judge Martin said he would con-
slider the applications over the week
end and announce his decision Mon
day, when he reconvenes the Green
vile County Criminal Court.
The defense moved for acquittal Of
five defendants who were implicated
by self acknowledged members OF
the lynch mob, but who themselves
refused to make statements to police
and Federal agents. These are
woodrow Wilson Clardy identified
by co-defendants as driver of the
car which took the lynching victim,
Willie Earle, "a, to his death last
February II. Ernest Stokes, iden-
titled by others as the man who ex-
.tracted an alleged confession that
Earle had stabbed to death T. w.
Brown, 54, white taxi driver, and
Sam D. Stewart, Vardry MeBee
Norris and Earl Martin.
Other Acquittals Asked.
The defense also asked directed
acquittal on all counts of John B.
Marchant and James Arthur Fowler.
Additionally, a directed acquittal
was asked on two counts-murder
and accessory after the fact-of
Willie Eugene Bishop, Howard
Thompson and w. D. Oakley. The
defense claimed the State failed to
link them properly with the murder.
Martin and Marchant are mem-
bers OF wealthy South Carolina
families. Oakley is a Greenville
cafe operator. All other defend
ants are taxi drivers.
The State accused all 81 with
murder and with conspiracy to mur-
der in connection with the lynching
Earle was taken from the county
Jail in adjoining Pickens County,
questioned on a lonely roadside by
the lynchers, and then taken to a
spot near an old slaughterhouse in
Greenyille County where he was
beaten, knitted and finally shot to
death.
Twenty-six of the defendants
made statements to the authorities
at the time of their arrest. impli-
eating themselves. The defense op-
posed introduction of these state
ments as evidence, arguing they
could be used only against the indi-
viduals making them.
Ruling Due Monday.
Judge Martin said he would rule
at 10 am. Monday whether to allow
the statements as duplicating all
defendants on all counts.
These counts are:
l. All 81 defendants accused of
murder.
2. Roosevelt Carlos Hurd, ST., ac-
cused of murder and all other ac-
cessories before the fact.
3. Defendant Hurd accused OF
murder, and all other accessories
after the fact.
4. All 81 defendants accused OF
conspiracy to commit murder.
Marchant, nephew of one OF South
Carolina's principal mill owners,
acknowledged to police that he ac-
companied the lynch mob, but
claimed he had no, part in planning
the crime, and stopped only momen-
tarily at the spot where Earle was
killed. A Federal Bureau of Inves-
tigation agent, A. B. Lea, testified
today, however, that Marchant told
him he picked up three taxi drivers
whose cab was disabled by a fiat
tire and drove them to the scene
of the murder. One of these. Fowler,
allegedly went back to Greenville
with Marchant and Martin, and the
defense sought acquittal on that
ground.
Court Bars Photographs.
Judge Martin refused today to
admit in evidence a series OF grue-
some photographs showing how
Earle was beaten and savagely
knitted before his head was all but
shot away by three charges of quail
shot from a single barrel, 12-gauge
shotgun.
Defense attorneys contended the
photographs were highly prejudi-
cial" to the defendants.
Thomas Wofford, of defense coun-
sci, said ''they don't prove thing
except that the Negro is dead, and
everybody admits that"
Prosecutor Sam Watt insisted,
1.-The manner in which the body is
mutilated certainly goes to prove
malice in a murder charge" and
argued: 1--WE feel in this case these
pictures accurately portray the
manner in which they (the defend
ants) went about killing the Negro"