Daily Republican., 1886-05-10

The Msy term Of the Court Of q speral
Sessions convened ut 10 O'Clock this
morning, with Chief Justice Comeeys
and Associates Woottsn and Houston
on the bench. The names OF the grand
Jurors were called aud the court an
pointed Robert Justis foreman. after
which they were sworn and retired N
their chamber. The petit Jurors vera
also called, and all answered 10 their
names.
Deputy Attorney General BlsRs called
the attention Of the court to the case OF
the State VS.. Lewis G. Davis, indicted
for murder 10 the first degree. He read
section 8 OF article of the constitution
Of this, State, whichlprovides:that there
shall be five Judges, one of whom shall
be chancellor; that all of these judQ es
except the chancellor shall be req hired
to sit at Court OF Oyer and Terminer
when o capital case Is being tried.
The death Of Judge whitley has
caused vacancy on the bench which has
not been filed, and be had every reason
TO believe that II Davis was tried with
the bench rs now constituted, and found
guilty as In manner and form indicted,
this question would be raised for the
purpose Of setting aside the verdict; he
tutIblOIO bbhCu buht bOhib EulO Do lAl0
down in the matter before they pro-
ceeded with the trial.
The Court asked Mr.. Bird what he
had to say on lthe subject, and be
replied, Nothing at all, sirs." The
matter was held under advisemept.
On motion OF Harry Sharpley, ESQ,
the discharge of Edwin L. HoIlines.
worth, whose term expired May 3rd,
WAS ordared nv the Court
Levi g. Bird, Esq, attorney for
Lewis @. Davis, addressed the Court,
and said that he did not feel like going
| TO trial without n full bench.
1t was his intention TO try the case at
this term and he had made every pre-
paration by having his witnesses pres.
emit and everything else pertaining 70
| the defense attended to, as he WAS I'M.
| der the impression that the vacancy on
the bench would have been filled by the
| time court convened, but ms this had
not been done lie considered IL his duty
70 ask that the case be continued until
| the September term, or at least until
| such time as the Governor may see Ill
TO I'LL the vacancy.
Attorney General Paynter raid the
| State was anxious TO 20 to trial, but
were not disposed TO take any UNDUE
| advantage in the matter. Tho subject
OF the vacancy on the bench had beer
brought before the court as a duty tc
toe State and to the prisoner, and nov
they were satisfied to leave the matter Il
the discretion Of the court.
After consultation, the Chief .,Justic,
announced that owing to the circum-
stances, the case would be postponed
until the September term aud be taker
i up on the Goth of the month.
| Deputy Attorney General BiRgs said
that The Governor might fill the va
cancy during the present term, ant
asked what would then be done
The Chief Justice replied that In hi
opinion 1t would be better u let tn,
matter rest as It now is, and try tn,
case at the Septemb Der term.
Walter Hayes, Fec called the atten-
ton Of the court TO tue cases Of Fred
erick Brown and William Hamilton
two colored boys aged 0 and IL years
indicted for larceny ut the last term o
court, and stated that he had been in
formed by Or. Harlan that they coulC
now be transferred to the Ferris Reform
School, and the court ordered that
should be done.
AT 1920 o'clock the grand jury cam
in, and shortly after court took q recess
until 8 O'Clock this afternoon.
There are a large number of appli
Giants for liquor license, and Olerl
Cochran was kept busy all morning Il
taking affidavits.
The recess back of the judges seats
drared In black in respect to the lat
Judge Whitley.