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Title
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Action by Justice Dept. in Motley's Death
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Source Type
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Newspapers
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Publisher
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The Pittsburgh Courier
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Publication Place
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Pittsburgh, PA
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Publication Date
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01/28/1967
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Transcript
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Papers Served, On Ex-Deputy, Harvey Conner, MONTGOMERY, ALA. - The U. S. Justice, Department last week formally served papers on, white ex-Deputy Sheriff Harvey Conner charging, him with violating the civil rights of James Earl, Motley, 27, a Negro, last Nov. 20 just prior to Motley's having been found dead of a fractured skull in, a jail cell., A March 1 hearing was, being set on the charge., Meanwhile, there had been, a wide difference of opinion, between the views held by, the U.S. Justice Dept. and, more than a half dozen Negro witnesses on one hand, and the official verdict of a, local Elmore County coroner,, Joseph D. Benson, the county, Grand Jury, and ex-Deputy, Sheriff Conner that Motley's, death was an accident., The county Grand Jury, had refused to indict Conner, last week after Coroner Benson told them it was his official opinion as the result of, an inquest that Motley had, fallen and hit his head while, entering the Wetumpka, Ala. jail and had also later accidentally fallen from his cell, block striking his head., The white Elmore county officials, and apparently the Grand, Jury., However, the Justice Department was said to have a, witness who "Saw Motley, being dragged through the, jail door, already apparently, unconscious," and a half-, dozen Negro witnesses who, were riding in the same car, with Motely returning from, Montgomery to Wetumpka, on the fatal night., These witnesses say they, were all in Montgomery that night and met Motley who, agreed to ride back to Wetumpka with them just before, their car was stopped ostensibly for a traffic check, a few miles outside of Wetumpka by ex-Deputy Sheriff, Conner and another unidentified white man., All of the witnesses say, that O'Connor checked the, driver's license of Rubin, Clark, an Air Force member,, who was driving. The deputy, was said to have asked, everyone in the car if they had been drinking in Montgomery., When Motley told the officer that he had no legal authority to question any of, them about what they had, done in Montgomery which, is in another county, the deputy is alleged to have carried Motley around to the, rear of the car after which, a shot was heard. Motley, was a powerfully-built construction worker., Neither Motley, nor anyone, else was hit by the shot, and, Motley came back and got, in the car, still protesting, that the deputy had no authority to arrest him., Sheriff Deputy O'Connor, radioed for help and two, Alabama State Patrol officers, soon appeared. While the, state patrolmen watched, him, it was said, Deputy, O'Connor beat Motley over, the head with a blackjack,, cursing him after pulling, him again from the car., When he fell, his friends, said, the state troopers, helped drag him to the deputy's car and put Motley in, it., Motley was carried to the, Wetumpka jail and booked, on a drunkenness charge. He, died in a cell of his injuries., About 2 A.M., Motley's, mother, Mrs. Varner said,, the dead man's stepfather,, William Varner was awakened by a knock on the door, to tell him that Motley was, in jail and had been badly, beaten up. Varner waited until day-, light when a bond could possibly be accepted to go to, the jail. Before he could, leave, about 8 A.M. a Mrs. Jeeter, owner of the local, Negro funeral home came, to the house and told him, that Motley was dead and, that some unidentified white, man had performed an autopsy on his body at her funeral home. The autopsy was, performed even before the, family was notified of the, death., A Negro employee of the, funeral parlor told of having, been summoned to remove, the body from the jail. A, coroner's attache said he, would "probably" hold an, inquest at that time., When a newly-elected, Thrash, took over his duties, in Elmore County last week,, he did not re-appoint Conner., The U.S. Justice Department's official charge was, made only hours before the, Grand Jury declined to indict, Conner last week., The Justice Department, charged that the former deputy "did willfully assault,, strike, beat and injure" Motley who died in jail on Nov., 20. The charge is based on a, law passed during the Re-, construction which makes it, a federal crime to punish, citizens without a trial., The Elmore County coroner had said that he did not, think the beating, if it occurred, was severe enough to, have killed Motley and he, had therefore rendered the, "accidental death" opinion., An undertaker who re-, moved the body from the, jail said Motley was covered, with blood and his skull was, fractured. Had the Elmore, County Grand Jury indicted, Conner, he could have faced, the death penalty under Alabama law. Under the Justice Department's charge, Conner faces, if found guilty, a maximum penalty of one year in, jail and or a $2,000 fine., The Justice Dept.'s spokesman said that the same, charge has been invoked at, least 50 times against local, Southern law enforcement, officers in the past few, years but has not yet won, one of the cases.
