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Title
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U.S. Says Ex-Deputy Beat Negro Who Died
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Source Type
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Newspapers
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Author
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Gene Roberts
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Publisher
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The New York Times
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Publication Place
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New York, NY
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Publication Date
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01/18/1967
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Transcript
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U.S. Says Ex-Deputy, Beat Negro Who Died, By GENE ROBERTS, Special to The New York Times, MONTGOMERY, Ala., Jan. 17, The Department of Justice, accused a white former deputy, sheriff today of having beaten, a Negro who was later taken, dead from his jail cell last No-, vember in nearby Wetumpka., Acting hours after an all-, white Elmore County grand jury, declined to return an indict-, ment in the case, the depart-, ment declared that the former, deputy, Harvey Conner, "did, willfully assault, strike, beat and, injure" James Earl Motley,, who died in jail Nov. 20., Under the Government's, charges, Mr. Conner faces a, maximum penalty of one year's, imprisonment and a $1,000 finc., The case against him is based, on a Federal "color of law", statute - one of several civil, rights laws passed by Congress during Reconstruction -, mak-, ing it a misdemeanor to deprive, a citizen of rights guaranteed, him by the Federal Constitu-, tion., One of these rights, the de-, partment said today. is the, right not to be punished with-, out a trial., Mr. Conner was serving as a, deputy in Elmore County, eight, miles northeast of here, as re-, cently as yesterday, when a new, sheriff, Sidney Thrash. assumed, office and did not reappoint, him., Three young Negroes had, said in interviews that Mr. Con-, ner had beaten Mr. Motley, severely before taking him to, jail. And the undertaker who, took the body from the jail said, it was covered with blood and, the skull was fractured., The Elmore County grand, jury had it in its power, if it, felt the facts warranted it. to, charge Mr. Conner with assault, or with murder, which can be, punished by death in Alabama., However, late last night it re-, turned a "no bill" (a decision, not to indict) in the case., Although the grand jury gave, no reason for its decision, Dr., Joseph R. Benson. the county coroner, said 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 of-, ficers had told him that Mr. Mot-, ley. a construction laborer, had, fallen while entering the jail,, and fallen again from his bunk, in the cell., But The Alabama Journal, an, afternoon daily in Montgomery,, reported recently that it had lo-, cated a witness, whom it did, not name, who gives a different, account of Mr. Motley's entry, into the jail., This witness, The Journal, said, contends that Mr. Motley, did not walk into the jail, but, was dragged by a law enforce-, ment officer., A spokesman for the Justice, Department said by telephone, from Washington that the de-, partment had investigated the, case for several weeks before, bringing charges against Mr., Conner here today in United, States Middle District Court., He said Mr. Conner had been, served with a copy of the, charge, and must appear before, the court on Mar. 1, when an, arraignment date will be set., The spokesman added that, y the department had initiated le-gal action against Southern law, enforcement officers about 50, times in recent years, but had, yet to win a conviction., The Government is prosecut-, ing Mr. Conner under the rela-, tively mild civil rights statute, because, even if it believed there, was sufficient evidence to insti-, tute murder charges, murder is, not covered by Federal law ex-, cept when committed on Fed-, cral property., The "color of law" statute, under which the former deputy, is charged-section 242 of the, United States Criminal Code-, reads as follows:, "Whoever, under color of law,, statute, ordinance, regulation or custom, willfully subjects any, inhabitant of a state, territory, or district to the deprivation of, any rights, privileges, or im-, munities secured or protected, by the Constitution or laws of, the United States, or to differ-, ent punishments, pains or pen-, alties, on account of such in-, habitant being an alien, or by, reason of his color. or race,, than are prescribed for the, punishment of citizens, shall be, fined not more than $1,000 or, imprisoned not more than one, year, or both.", According to three Negro, witnesses who were with Mr., Motley at the time of his arrest,, their car was stopped by Mr. Conner and an unidentified, white man-apparently for a, routine license check., The witnesses said Mr. Con-, ner asked if they had been, drinking and Mr. Motley pro-, tested that they were on their, way to Wetumpka from Mont-, gomery, and that the deputy, had no authority over what, might have occurred in Mont-, gomery., The witnesses added that two, state patrolmen soon appeared, on the scene, and that the, deputy then began beating Mr., Motley while the troopers stood, by., Mr. Conner has declined to, comment.
