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THE VALDOSTA
THE DECISION IN RAWLINGS CASE HEAVY INCREASE IN
by the Supreme Court in Atlanta TRADE.
Wednesday—An Exhaustive and Unanimous Decision.
The Times gives below a synopsis I accused Uiat the pistol was in the
of the decision of the supreme court j satchel solely for the reason that
on all of the points involved in the
case of J. G. Rawlings and his sons,
and of Frank Turner.
It will be seen from this that the
opinion expressed in our issue yes
terday to the effect that Frank Tur
ner’s case was reversed on account
of an error in the indictment was
not true, but it was on account of
insufficient evidence in the case.
The case against Turner will be
tried again at the next term of the
superior court week after next
Attorney John R. Cooper, of Ma
con, who represented the defendants
has stated he would carry the case
to the United States Supreme Court
in the event the decision was against
his clients. He will base his appeal
to that court on the Fourteenth
amendment to the Federal Constitu
tion, dealing with due process of law.
Mr. Cooper holds that this amend
ment was violated in the refusal of
the jury commissioners to put the
names of lawyers, doctors and other
professional men in the Jury box,
and that this worked an injustice to
his clients.
It is not unlikely that by this
means and through appeals to the
Prison Commission, and in other
ways the execution of the sentences
will be delayed for some time
come.
The following are the decisions in
the case on all of the counts:
Nos. 29, 30, 3', 32, 33, 34, 58, 59,
—Criminal docket, J. G. Rawlings.
Jesse Rawlings, Milton Rawlings
and Leonard Rawlings vs. the state
Frank Turner vs. the state. Indict
ments for murder, from Lowndes
superior court.
The opinion of the court was deliv
ered by Mr. Presiding Justice Cobb
and a synopsis of the points decided
is as follows
. The board of jury commissioners
may ,in the exercise of their discre
tion, omit from the jury list of the
county all persons who are exempted
by law from jury service, as well as
those whose business or avocation
is such that it is reasonably probable
that an excuse from Jury service
would be granted by tho judge.
2. In the determination of wheth
er the venue of a criminal case shall
be changed for tho reason that the
that the accused can not obtain
fair trial by an Impartial Jury, the
law imposes upon the trial judge the
responsibility of making an exam!
nation and informing himself of the
truth of the averments upon which
the application is made; and the su
preme court has no power to control
his discretion in such a matter, un
less It has been plainly and manifest
ly abused. The record does not dis
close any such abuse of discretion
in the present case.
3. Principals and accessories be
fore the fact may be charged in the
saine indictment and in one count.
4. An indictment which charges
that one, being absent at the time
when the crime was committed, did
4 ‘procure, counsel, and command 1
the persons alleged as principals in
the crime to commit the same, con
tains a sufficient charge against one
Indicted as an i.ccessor
fact.
6. The in...
to any of the ebjee;:
any of the demurrer..-
C. When a moth'*
ance is made upon th.
absence of witnesses,
postpones the case until
day .and notifies counsel that officers
will be furnished to bring into court
the absent witnesses, and such offi
cers are furnished, and. all the wit
nesses desired are brought into court
and there is no further motion for a
continuance, a ground of a motion
for a new trial, complaining of the re
fusal to continue on the day the case
was first called, is without merit.
7. The failure of the court to in
terpose of Its own motion, In case of
disorder by the spectators at the trial
will not generally be a sufficient rea
son to reverse the Judgment, when
the mother of the accused and her
1 two daughters had been traveling
through the country, and was carried
for protection only, and was not in
the satchel nor brought into court
for any improper purpose, and as evi
dence to the same effect was intro
duced and the truth of the statement
and the evidence was admitted by
the solicitor-general, and the jury
were instructed not to allow the in
cident to have any effect on their
minds in determining upon their
diet, a refusal to declare a mistrial
on account of the conduct of the sher
iff was properly overruled.
10. The fact that a confession is
brought about by improper and un
lawful methods from one alleged to
be concerned in the commission of
the crime is no reason for refusing
to allow such person to testify as a
witness on the trial of his associates
in the criminal enterprise. The cir
cumstances under which the confes
sion was made, and any evidence
tending to show that the witness is
still laboring under fears brought
about by such circumstances are ad
missible io discredit the witness, but
the witness is nevertheless compe
tent.
11. In the trial of a murder case,
evidence tending to show a state of
bad feeling between the father of
the accused and the father of the de
ceased, is admissible for such weight
as the jury might see fit to give it
in determining whether the accused
had a motive in becoming one of a
party of assassins to slay the father
of the deceased and other members
of his family; and this is true
though the father escaped assassi
nation and only two of his children
were slain.
12. When in the trial of a murder
case there is evidence tending
show that the accused ou trial en
tered into a conspiracy to slay the
deceased and others, the acts,
duct, and sayings of any of the con
spirators while the conspiracywatin
progress and before the crime was
committed,-are admissible as evidence
as well as an act of a conspirator
other than the accused, after the
commission of the crime, when the
act sought to be proved was contem
plated by the terms of the conspiracy
condition of the public mind is tn hn "fltffllTflftd after the perpetra
tion o! the crime was completed. ~
13. Errors in tho admission of ev
idence, made during the progress of
a trial, may be corrected by the Judge
withdrawing the evidence from the
consideration of the jury and in
structing them not to consider it;
and errors in his charge may be cor
rected by the Judge calling attention
to the erroneous part of tho charge
and in lieu thereof giving to the jury
the correct rule.
Challenge to the array Is not
1 the proper method of raising the
question of the disqualification of
dividual Jurors.
16 When two are tried Join :.
a capital offense, and nelthei ' r*
his preemptory challenges, th. ttate
is c -titled to one half of the whole
number of chaK.r.yc. the law allows
tc both.
1C. A poit.cn clia.ra ikrt is
. ubstauiiany ccrroct, wnerci.. : cem-
plctc prcpcsir.cu ir. stated, is r.ot er
roneous simply i’ecause it fails to
embrace an instruction which would
bo appropriate in conn:.‘I:.: wit.
that proper-:!.'cit.
IV. V*r.e:. ce.ud l. .-tinun*
makes improper ::t i.:<iits eouns.
for ehe injured pai./ new eith
er for an appropriate instruction t.
the Jury or for a mistrial. Where
counsel ask simply for an instruction,
which is given and the case ordered
to proceed, a motion for a mistrial
then made upon the same grounds
should not generally bo entertained
18. Where a motion Is made to
continue a criminal case upon the
ground that tho accused is physically
unable to go to trial and upon such
motion tho testimony introduced
conflicting the discretion of the trial
judge In overruling the motion will
not be controlled.
19. A motion for continuance on
the Two Million Mark.
An Increase of Over 100 Per Cent, in
the Past ^ive Years—The Railroads
are Also Over run with Business,
Showing That the Trade Hero is
Enormous.
Tho deposits in the banks of Val
dosta are within a few thousand dol-
rs of the two-million dollar mark.
Five years ago when they readied
nine hundred thousand dollars the
fact was heralded far and wide for
as a triumph which none of tho
small cities of the state ,or of the
south, had ever enjoyed.
From then until now, despite the
constantly increasing number
banks in this section, tho deposits
in the Valdosta banks have gone for*
aid until now, five years later, they
e more than double what they were
then. It is probable that tho busi
ness is more local than ever before,
which speaks so much the better for
the increase in the business of the
city. ,
Business at the Depots.
The local depots aro simply over
whelmed with business. The gods
are piled ia them to walk. Besides
the goods in tho depot, there are
number of cars along tho tracks load
ed with merchandise.
This Is tho case at both of tho de
pots. Tho shipments from this city
have never been as heavy as at pres
ent and the outlook is that the holi
day trade will be simply enormous
The merchants all have Immense
stocks of goods for tho winter trade,
and coustomers from all of tho neigh-
make their purchases,
boring towns come hero daily to
Chief Kicked by a Mule.
Fire Chief Varnedoe was severely
kicked by a mule which he was clip
ping yesterday. The mule’s hoof
struck him squarely in the face and
came pretty near breaking his Jaw,
He was knocked senseless and his
face was badly skinned and bruised
by the kick.
ct subject
u erth in
? ccntlnu-
- lie court
lollowing
New Telephone Cable.
The Bell Telephone Company is
putting up six thousand feet of jcable
to accommodate the Increasing bus
iness in the northern and eastern
part o fthe city. This cable has one
hundred and twenty telephone wires
In It .Increasing tho capacity of the
lino that many separate phones.
Miss Ethel Burdette Entertains.
Miss Ethel Burdette was hostess to
the euchre club Saturday aftornoon.
The /ns a full attendance and the
occailc was a most delightful one.
Afier lie games refreshments were
Bcrvoc..
The ' will be entertained next
-aiUi-d.-.. afternoon by Miss Mamie
and lii-c Lizzie Coffee.
Reliable
Clothing
= = AT =
Moderate Prices.
For the man who wants to look well dressed for a
.•=533*
moderate amount of money, we have a line of suits
and overcoats made by the largest clothing manufacturer in the world, who Is famous
for the very remarkable values that are to be found in his line at all times.
Really It is wonderful what nice garments of
Kirschbaum’s make can be sold for the small price of
$10 to $15.
We have them In Blue, Blacks, Fancies; single
^nd double breasted, In suits, and In overcoats In
P
many different cloths.
Mm Am BRIGGS,
Valdosta, Ga.
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uc-^rifce (or Th. Dslly Time..
no ruling In reference fo the disorder
was invoked from the court. I account of the illness of counsel, like
8. That the accused, who was! all other motions of the same nature
jointly indicted with others, was! is addressed to the sound discretion
jointly arraigned with the others, af-lof the trial Judge. When counsel
ter he had elected to sever upon the
trfai, furnishes no reason for grant
ing a new trial, after a separate trial
has been accorded to him.
9. The action of the sheriff in
making the statement to the judge
in the presence of the Jury, that the
mother of the accused had requested
her satchel to be brought into court,
and that the satchel contained a pis
tol, was reprehensible as to the man
ner In which the fact was communi
cated to the Judge. As It appeared
from a statement of counsel for the
hose illness is the ground of the
motion is himself in court presenting
and urging the motion, the court is
authorized, in the determination of
the question whether the condition
of counsel is such that the interests
of justice demand a postponement of
the case, to take into consideration
the general appearance of counsel
and the mental and physical vigor
displayed in the presentation of the
motion; and when such motion is
overruled, this court may take into
consideration what appears in the re-
ccru as to tho inarntr in which coun
sel conducted the case ,in determin
ing whether there has b;.n such an
abi.se of discretion it. i?iusing the
cc .t'.nuanco ns to :equ!rc a ‘eversal
o .. o judgment. In ti c present case
..~ej net appear thr.t t tu was
r.buse of discretion ir eiusmg
. ..r.tinue the case.
. In the trial of om c... iged as
n.ccsj-ory it is incumbent upon
r {-.ate to show th, f»UlL of the
<rs.?u chaiged f.s a mlndpal,
. end ti reasonable doubt; and as d
genen.! rule, in otder to establish
this fact any evidence may be In
troduced wMc’ voi hi bo admissible
if th' 1 [ii inciiiiu \;ci . on trial.
21. .n the trial of one who is
charged as an accessory before tho
fact to a murder when It appears that
the deceased were killei during the
night .as they emerged from the
home of their father, by persons who
had surrounded tho house, evidence
that the accused had made threats
to slay the father ,and had offered
persons money to kill him was admis
sible.
22 It is lawful to receive a ver
dict In a criminal case on Sunday.
Tho evidence as to these "In
charged as principals was suf
fi'Jent to authorize the verdict ren
against them
The evidence as to the accus
ed charged as accessory before the
fact, who was the father of three of
the persons charged as principals,
was sufficient to authorize the ver-
d*ct.
25. The evidence against the oth
er accused charged as an accessory
before the fact was not sufficient to
authorize the verdict and the court
erred In not granting him a new trial.
[Garter Dorough Piano Club|
j A Grand Success
MembershipsComingfrom all Parts of the South!
Merit alone has won great popularity for the NEW SCALE
$400 CARTER & DOROUGH PIANO, and the economy
of our club plan places it within the reach of all—$287 to those
who join the club, either cash or on terms of $10 cash and $8
monthly—8 per cent interest. No discount for cash except
saving of interest.
Those who are capable of judging a piano say there is not a
single weak spot in it. ,
It is Honest and Reliable from Top to Bottom.
Made right by people who know how. To hear the tone of the New
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and fine singing quality, Nothing we can say will add to its merits.
The piano tells its own story better than we can. Those who want
a thoroughly good, sweet toned, durable piano in a beautiful artistic
case at a moderate price will do well to examine the "Carter & Dorough”
before they make their final decision.
Listen to the Tone of the New Scale $400
Carter & Dorough Club Piano.
Look at the case. Listen to the tone of other makes, sold by dealers and manu
facturers at $400, and even $500 and make comparisons. Look at therr. from every
standpoint. Try and find a single thing that could be added to the new scale $400
Carter & Dorough to make It better. The piano Is absolutely right, and our club plan
brings It to you at a saving of enough to educate your family in music. Booklet “A"
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this paper.
CARTER & DOROUGH,
“VSLlcLostst, O-eorg'ia..
“Largest Organ Dealers in U. S.”
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