Klansman W.V. Guerard Charged with Intent to Kill Hayes Henry, April 13, 1924

Wake Grand Jury Finds True Bill Against Guerard. . . Jury Indictment Charges Assault with Intent to Kill Against Klansman. . . Bond Is Fixed. . . $10,000 Is Named as Amount for Fugitive’s Bail by Judge. . . He May Surrender. . . Five Witnesses Were Examined by Jury—Mrs. Barrington Identified Guerard’s Voice

By the Associated Press

Raleigh, April 12—W.V. Guerard, former organizer of the Ku Klux Klan, who was deposed from that position and who is now active head of the United Klansman of America, an opposition order, was yesterday indicted by the Wake county grand jury for secret assault with intent to kill upon Hayes Henry, negro of Auburn, who was flogged by a masked band of men on November 7, 1923.

A bench warrant with bond fixed at $10,000 was issued for Guerard by Judge Henry A. Grady, at the March term of court. Judge Grady is the acknowledged grand dragon of the North Carolina Ku Klux Klan and has expressed his determination to see that those of the mob that attacked Henry are punished through the proper authority of the law. Guerard is believed now to be in South Carolina carrying on his organization work. It is reported that Guerard will voluntarily surrender himself to appear for trail when Judge Grady leaves the district on July 1 next; however, it was stated by the authorities that every effort would be made to locate and return the indicted man in the shortest possible time.

The case has been a prominent one in the state and has already resulted in one trial which brought forth the temporary debarment of Oscar F. Johnson, a lawyer of this city. The indictment had been predicted but the number of new witnesses which the state introduced is said to evidence the fact that the prosecution is active especially in this instance.

Before the grand jury returned the true bill, five witnesses were examined. They were Manly Carroll, an incorporator of the United Klansmen of America; J.D. Moose, against whom Judge Grady is withholding sentence for the theft of an automobile; Irvin M. Cheek, a reporter on the Raleigh; Mrs. J.C. Barrington(?), wife of the landlord for whom Henry worked, who was indicted for aiding and abetting the floggers of the negro; and Hayes Henry, the beaten negro.

When Barrington was tried in February with his son and neighbor who were acquitted, Judge Grady held the case open to the March term on the grounds that all the truth had not been made known. At this hearing Mrs. Barrington declared that the voice and statue of the leader of the mob was similar to those of Guerard. At this same hearing Barrington produced letters said to have been written by Oscar F. Johnson who was attorney for Guerard when he was indicted for embezzling funds of the Ku Klux Klan. Upon reading three letters Judge Grady debarred Johnson for “Soliciting business.”

Johnson immediately had a consultation with Judge Grady and within a few days his debarment was lifted with the agreement that he would assist court in the prosecution of certain other matters.

From the front page of the Sunday Durham Herald, April 13, 1924