SUIT ON RAWLINGS PEACE BOND.

The Court to Decide Whether the Bond is Payable.

It was filed in the Superior Court today against Rawlings and his bondsmen. The amount of the bond, $1,200, to go to W.L. Carter, who swore out the warrant.

(From Tuesday’s Daily)

Suit was filed in the Superior Court this morning against J.G. Rawlings (principal), and D.C. Ashley and W.T. Lane (bondsmen), for the $1,200 bond that Rawlings was under to keep the peace when the Carter children were killed.

It will be remembered that W.L. Carter swore out a peace warrant against J.G. Rawlings a day or so before the tragedy and he gave the bond. Messrs. D.C. Ashley and W.T. Lane went upon it. It is understood that Rawlings secured them, and the case in court is simply to give legal directions to the payment of the $1,200, which, it is understood, will go to W.L. Carter.

It is possible that the payment of the bond may be contested on the ground that W.L. Carter was not hurt by Rawlings, but that would amount to very little, as the bond was fixed to make him “keep the peace” and the evidence in the case so far shows that he did not do this.

The following are the declarations in the case as prepared by Carter’s attorney, Col. G.A. Whitaker.

Allegations in the Case

Georgia Lowndes County — To the Superior Court of Said County:

Joseph M. Terrell as governor of said state suing for the use of W.L. Carter brings this petition against J.G. Rawlings, W.T. Lane, and D.C. Ashley all of said county and files as follows:

“First, Heretofore, to wit, on the 10th day of June 1905 the said J.G. Rawlings as principal, and W.T. Lane and D.C. Ashley as securities, entered into a bond in the sum of twelve hundred dollars payable to J.M. Terrell, governor of Georgia, and his successor in office.

“Said bond conditioned that if the said J.G. Rawlings should keep the peace as against the person, family, and property of W.L. Carter, that said bond should be void. A copy of said bond is hereto attached and made a part of this petition.

“Seco. J. On the 13th day of June 1903, the said J.G. Rawlings violated the conditions of said bond by counseling, procuring, and commanding Alf Moore, Milton Rawlings, Leonard Rawlings, and Jesse Rawlings to enter upon the premises where the said W.L. Carter resided with his family, and after so entering upon the premises the said Alf Moore, Milton Rawlings, Leonard Rawlings, and Jesse Rawlings acting in concert and in pursuance of a common intent and purpose, and acting under the procurement, counsel, and command of the said J.G. Rawlings did kill and murder one Willie Carter, and Carrie Carter who were the minor children of the said W.L. Carter.

“Third, The killing of the said children of the said W.L. Carter was done at the instance, suggestion, and under the direction, procurement, counsel, and command of the said J.G. Rawlings, and in violation of the conditions of said bond, and which conduct of said J.G. Rawlings as heretofore stated amounts to a breach of the conditions of said bond.

“Fourth, The said J.G. Rawlings by reason of the breach of the said bond as stated in paragraph two of this petition has injured and damaged the said W.L. Carter in the sum of twelve hundred dollars.

“Fifth, By reason of the violation and breach of the conditions of said bond as stated the said J.G. Rawlings as principal, and the said W.T. Lane and D.C. Ashley as securities on said bond have become liable to the said W.L. Carter in damages in the just and full sum of the amount of said bond, to wit: the sum of twelve hundred dollars.

“Wherefore plaintiff prays that he have judgment against the said J.G. Rawlings as principal and W.T. Lane and D.C. Ashley as securities on said bond in the sum of twelve hundred dollars for the use of the said W.L. Carter. That process issue in terms of the law, and be served upon the said J.G. Rawlings as principal and W.T. Lane and D.C. Ashley as securities on said bond, and that they and each of them be required to be and appear at the next May term of said court to answer this complaint.

G.A. Whitaker, Attorney for Plaintiff.

The Peace Bond

The following is the copy of the bond which J.G. Rawlings was placed under last June to keep the peace. The bond was signed on Saturday, June 10th, just three days before the killing of the Carter children, the tragedy occurring Tuesday night after the bond was signed:

GEORGIA — Lowndes County

“Know all men by these presents, that we, J.G. Rawlings, principal, and W.T. Lane and D.C. Ashley, as security, acknowledge ourselves jointly and severally bound unto his excellency, J.M. Terrell, governor of Georgia, and his successors in office, in the sum of twelve hundred dollars, upon condition that if the said J.G. Rawlings shall keep the peace as against the person, family, and property of W.L. Carter, then this bond is to be void.

“To better secure the payment of this bond in the event of forfeiture we, each for ourselves and families, and as the head of our respective families, renounce and waive all right of benefit of the homestead and exemption laws of this state, and each of us assert and say that we have never taken or availed ourselves of any homestead exemption under the laws of this state or the United States, or elsewhere.

Witness our hands and seals this 10th day of June 1905.

J.G. Rawlings. (seal)

W.T. Lane (seal)

D.C. Ashley. (seal)