Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1949-01-29
Cleared Of Lynching
In rs Minutes
TWO MEN FREED IN
Staying OF ROBERT MALLARD
B. Allen Compton


LYONS, Ga. - UNS) Two
White men we're freed Tuesday after
being cleared by Toombs county
jury of the alleged lynch Staying of
Robert Mallard, casket salesman, last
Tov. 20.
The white jury cleared William L.
Howell, a farmer, in 26 minutes
d Judge r.. Fl. Humphrey dropped
chargess against Roderick Clifton, an
auto salesman, whose trial on the
same charge was supposed to fol-
low Howell's.
Widow Collapses
The seven-hour trial was high.
lighted by the collapse of Malard's
widow and the calling of two jurors
TO the stand in behalf of the defense.
After Howell was freed, Judge
motion on behalf of Clifton. The mo-
ton, in effect, drops further action
against the second defendant whose
trial was scheduled to follow How
ellis.
Defense attorneys for Clifton OBJ
jected to the motion to drop action
brought by Solicitor General w. H.
Learner. They asked that Clifton
be summarily declared not guilty.
WAS Home In Bed
Howell, who was dramatically
identified Tuesday morning by the
victims widow as a member of the
hooded murder gang, said in an I'M
sworn statement that he was inno-
cent Of the crime, that he "was
home in bed at the time of the
crime and that he did not own a
gun. Georgia law permits defend
ants to make unsworn statements.
its case, and final arguments two
hours for each side--began.
iIowcli's statement came after his
at't1n'.ty brought two Of the jurors
to ;iie witness stand.
Wouldn't Believe Testimony
The Jurymen, members of the all
white mamie panel, testified that
the widow of the slain Robert NAL
lard is unreliable" Each declared
he would not believe her testimony.
State attorneys did not protest
the jurymen serving as witnesses.
The jurors were among IL char
acter witnesses brought forth in
Howells defense.
The widow, Mrs. Amy Mallard, ac-
cused Howell of being one of
several robed men who killed her
husband last November 20.
Frank Brinson, white farmer,
also took the witness stand to Mrs.
Mallard's clothing when she tell how
a pistol dropped from stopped to
pick up her husbands body.
Not Mentioned At First
1t. w. E. McDuffie, one of the
Georgia bureau of investigation,
testified that Mallard's widow was
questioned several hours before she
mentioned Howell's presence in the
robed mob.
The opening session was marked
by the collaps of the slain mans
widow, after she dramatically point
ed out Howell as a member Of the
hooded and robed gang.
When she returned to the crowded
Toombs county superior courtroom,
the defense attempted to break down
her story that 20 men were in the
gang. They recalled her statements
during the investiation that the gang
consisted of Eight to 10 men,.
A Cleveland manufacturer, Joseph
M. Goldwasser, who entered the case
for what he called Humanitarian"
reasons, was kept out of the court
room throughout the morning. The
defense subpeonaed him as. witness
Mrs. Mallard's four year old child,
just before the trial opened.
Two teen-aged cousins of the wi
dow supported her testimony, say
ing that 20 men were in the crowd
that surrounded the Mallard car on
Nov. 20. William Carter, 10, and
Augeline Carter, IS, said they huddl-
ed in the back seat and were unable
crowd.
The trial was interrupted earlier
when the widow collapsed and be-
gan screaming Historically after
describing the mudrr, scene.
The court was recessed while
relatives removed the woman from
the court room.
Positively Identified
Just a few minutes before, she
pointed out Howell and said she
positively identified him as being
member of the murder gang