4 Ga. App. 649 | Ga. Ct. App. | 1908
These defendants were separately tried and convicted of burglary. The banking house of the Bank of Sharon was broken in the nighttime and the safe blown open by the use of explosives. A few hours later, these two men boarded the train of the Georgia Eailroad, at a' station near Sharon; circumstances raised a suspicion of their complicity in the burglary, and, upon telegrams, a member of the Augusta police force came upon the train at that point and arrested them as they were leaving it. They were searched, and large pistols and an unusual number of cartridges were found upon them; also on one of them was found a piece of soap corresponding in character to that used in blowing the safe. As they left the train one of them was seen to drop a package, which, upon examination, proved to contain dynamite fuses. They were brought back and placed in the jail of Taliaferro county, the county in which the crime was committed. The cashier of the bank, who was acting as prosecutor, asked the sheriff to get him a left shoe from each defendant. The sheriff, without disclosing his purpose, told the men, each, to give him a shoe. Being handcuffed, they simply lifted their feet, and allowed the sheriff to take off their shoes. The witness who testified to this transaction stated unequivocally that no coercion or intimidation was used to procure the shoes. The shoes so obtained were fitted into the tracks near the bank, and, by the correspondence thus established, furnished damaging evidence against the prisoners. When the defendants were arrested at Augusta they claimed to be railroad conductors, and Thompson gave his name as Eaker; producing, in corroboration of his statement, a railway pass, a membership card in a fraternal order, correspond