NAACP Legal Defense Will Appeal Americus, GA. Cases

    PRESS RELEASE 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TOCOLUMBUS CIRCLE + NEW YORK19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY 
President Director-Counsel Associate Counsel 

October 3, 1963, 

NAACP LEGAL DEFENSE WILL 
APPEAL AMERICUS, GA.CASES 

AMERICUS, Ga.--- Attorneys of the NAACP Legal Defense Fund will 

carry the cases of five student demonstrators, jailed here since 

August 8th, to the Georgia State Supreme Court. 

Jack Greenberg, director-counsel of the Fund, announced that 

the attorneys wouid be ready to move during the early part of the 

week of October 6th, 

This means that the students, all affiliated with the Student 

Non-Violent Coordinating Committee, will have spent nearly two 

months beh nd Georgia bars on a series of unprecedented charges, 

They were arrested while marching and singing of freedom songs, 

For this "subversive" plotting, they are charged with “attempting 

to incite insurrection" against the State of Georgia (a capital 

offense), riot, unlawful assembly, assault with intent to kill, 

and resisting arrest, 

Little progress was made here this week despite vigorous 

efforts of Legal Defense Fund attorneys arguing before the local 

Superior Court, Sumter County, of which Americus is the seat. 

An array of white witnesses testified that they had sworn out 

warrants for the arrests of the five students because, as one man 

stated, "I was told they were the leaders," 

C.B. King, arguing for the Legal Defense Fund, termed such 

testimony as "hearsay", 

The solicitor, representing the segregationists interests, 

argued that windows of stores were broken as a result of the climate 

created by the five students, even though they were in jail when 

the property was damaged, 

None of white witnesses were able to identify the students, 

One witness went so far as to confuse their identities when asked 

cont'd, 



to p@int them out by Mr. King. 

A.P. Bailey, ex officio justice of the peace, admitted setting 

peace bonds at $2,000 to $5,000. However, he was called back to 

the stand by the solicitor and submitted to a line of questioning 

which attempted to "correct the error", 

The prosecution maintained that no amount was set forkthe 

peace bonds sworn out against the students, thus making them unable 

to secure release, 

Mr. King was joined by Constance Baker Motley, associate- 

counsel of the Legal Defense Fund and Thomas Jackson of Macon, Ga. 

The students, Donald Harris, John Perdew, Ralph Allen, Thomas 

McDaniel and Sallie Mae Durham, appeared to be in excellent spirits, 

Mrs, Mary Harris of New Yerk City, mother of young Harris, 

attended the hearing as did the Rev. Bradford S, Abernethy, chaplain, 

Rutgers University, from which Harris graduated last year, 

Miss Durham was bound over to juvenile court when Mr, King 

pointed out that she is only 14 years of age, 

The hearing was held on a petition for a writ of habeas corpus 

filed by NAACP Legal Defense Fund attorneys. 

- 30° = 

Editor's Note: 

For further information contact:- 

Jesse DeVore, Jr. 
Director of Public Information, 
NAACP Lehal Defense and Educational Fund, Inc., 
10 Columbus Circle, 
New York 19, N.Y. 
JUdson 6-8397,