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Title
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Deputy Accused Of Beating Negro Who Died In Jail
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Source Type
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Newspapers
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Publisher
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The Gazette and Daily
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Publication Place
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York, PA
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Publication Date
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01/18/1967
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Transcript
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Deputy Accused, Of Beating Negro, Who Died In Jail, U.S. brings rights law charge, against white deputy sheriff,, alleged to have beaten Ala., Negro later found dead in cell., County grand jury decides not, to return indictment in case. Montgomery, Ala.-The Department, of Justice accused a white former, deputy sheriff yesterday of beating up, a Negro who was taken dead from his, jail cell last November in nearby, Wetumpka., Acting only hours after an all-white, Elmore county grand jury decided not, to return an indictment in the case,, the, mer "did, department deputy, Harvey declared Conner, that the for-, willfully assault, strike, beat and injure" James Earl Motley, who died, in jail Nov. 20., Under the government's charges,, Conner fine. year's The faces case imprisonment against maximum him and is penalty based $1,000, a of, one a, on, a federal "color of law" statute-one, of several civil rights laws passed by, Congress during Reconstruction-, making it a misdemeanor to deprive, a citizen of rights guaranteed him by, the federal Constitution, One of these rights, the department, said yesterday. is the right not to be, punished without a trial., Conner was serving as a deputy in, Elmore county, eight miles northeast, of here, as recently as Monday, when, a new sheriff, Sidney Thrash, assumed office and did not reappoint, him., Three young Negroes had said in, interviews Motley before that taking Conner him had to jail. beaten And, the undertaker who took the body, from the jail said it was covered, with blood and the skull was fractured, Although the grand jury gave no, reason, R. said, Benson, for the its decision, county coroner. Dr. Joseph, last week that he had issued a, formal opinion that the death was, "accidental" and had informed the, grand jury of his opinion, He said law enforcement officers, had told him that Motley, a laborer, for a construction firm. had fallen, while entering the jail, and from his bunk in the jail cell., But the Alabama Journal, an afternoon daily in Montgomery, reported, recently that it has found a witness,, whom it did not name, who gave a, different account of Motley's entry, into the jail., This witness, the journal said,, contends that Motley did not walk, into the jail, but was dragged in., A spokesman for the Justice department said in Washington that it, had investigated the case for several, weeks before bringing charges, against Conner yesterday in United, States Middle District court. He said Conner had been served with a copy, of the charge, and must appear be-, fore the court on March 1, when an, arraignment date will be set., The spokesman added that the department has initiated legal action, against southern law enforcement, officers about 50 times in recent, years, but has yet to secure a conviction., The three Negro witnesses were in, a car with Motley at the time of his, arrest early on Nov. 20. They said, the car had been stopped by Conner, and an unidentified white man, apparently for a routine check of the, driver's license., The witnesses allege that Conner, asked if they had been drinking and, Motley protested that they were on, their way to Wetumpka from Montgomery and that the deputy had no, authority over what might have occurred in Montgomery., The witnesses also asserted that, two state patrolmen appeared on the, scene. and that the deputy then began beating Motley. Conner has declined comment.
