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eae Ah Sat tT NO A GS Lapin SAL ats Mel Mehl A ta AERA LIL SS 5g B50 (4-3-62) €: (Mount Clipping in Space Below) State Will Appeal Directive ~ | Page 1 | By W. C. SHOEMAKER Daily News Staff Writer CARTHAGE, Miss. — State at- torneys today planned to appeal a circuit judge's action in ending a mental test for Byron De La Beckwith which was ordered by another judge. Judge O. H. Barnett ruled in Carthage on Friday that Circuit Judge Leon Hendrick of Jackson violated Beckwith’s constitutional _ |rights by ordering him subjected ‘Ito a through mental examination before standing trial for murder in the slaying of NAACP leader Medgar Evers. _ RULES ORDER VOID Barnett ruied Hendrick’s order is void and ordered the Green- , wood fertilizer salesman released . ‘from Whitfield mental hospital , ‘and held by the Rankin Cofinty . ‘sheriff pending trial in Hinds » | County. District. Attorney Bill Waller and Assistant state Attorney Gen- eral Garland Lyell said they will ask Mississippt§ Supreme Court to overrule -Barnett. Barnett said Hendrick’s order for a mental examination vio- lated Beckwith’s right to speedy trial although Waller had argued the test would not cause post- ponement of the trial. The mental test would take from 30 to 90 days, he said, and trial could not normally be held until late October. Barnett said Hendrick had a legal right to order Beckwith to the mental hospital to determine if he is mentally capable of nelp- ing defend himself but that he had no right to order a more complete psychiatric test of his sanity at the time of Evers’ slay- ing. Barnett took custody of Beck- with from Hinds County authori- ties and ordered him held in fhe Rankin jail at Brandon until his case is called for trial in Jack- son. The judge rejected a plea from. Waller to allow Hinds Sheriff J. R. Gilfoy to serve a warrant charg- ing murder on Beckwith in the courtroom at Carthage and return him to jail in Jackson. Barnett said he will have Rank- in Sheriff J. R. Edwards deliver Beckwith to the Hinds Court for trial when the case is called. Waller also unsuccessfully sought to have Barnett re-commit Beckwith to the mental hospital for such examination as he termed legal. The judge said he had no authority to do so since Beckwith faces no criminal charge in Ran- kin County. DIVIDED JURISDICTION Hendricks’ court in Hinds Coun- ty has custody of the murder charge against Beckwith but the mental hospital is located in Ran- kin County, which is served by Barnett. Beckwith’s attorneys, Hugh Cun- ningham of Jackson, and Hardy Lott amd Stanny Sanders of Green- wood, argued that they brought a habeas corpus plea before Bar- nett on grounds Hendrick had il- legally ordered the mental tests July 19. Waller and Lyell argued that Barnett had no jurisdiction in the case and should have referred the habeas corpus plea to rick. JACKSON DAILY NEWS JACKSON, HISS. Date: 8/10/63 Edition: Author: Editor: rie:Byron De La Beckwith; Medgar Eve) Vietin — Character: RM CR or Classification: Submitting Office: Vew Orlean: we = 1