Below is the OCR text representation for this newspapers page.

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. * 4- * ❖ 4- 4- 4- .4- 4- 4- 4- 4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4-4«4-4-4-4-4»4-4-4..j. .j..j..j.* 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 Scale $400 Carter & Dorough you can appreciate its pure, brilliant voice 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" 1 will explain everything and save you money. Send for it today before you lay aside this paper. CARTER & DOROUGH, “VSLlcLostst, O-eorg'ia.. “Largest Organ Dealers in U. S.” 4* v -i- v 4- .• v 4* 4- 4- 4- 4- 4- •!* 4- 4* v 4- v 4- 4- 4- v 4- 4- 4-