The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-01-11
SUPREME COURT.
Decisions Rendered at Nashville.
Sensational Case OF the Wounding
of Miss Laura Carney.
Monahan, Her Lover, Will Serve
His Term of Imprisonment.
The Sunday Baseball Law De clared
To Be Constitutional.
This Was the Case OF Jack Hays vs.
the state-The Decision Rendered by
the Trial Judge Was Confirmed.
Special Dispatch to the Appeal.

Special Dispatch 10 the Appeal.
NASHVILLE, Tenn, Jan. l0.-Thc SUI
preme court today rendered decision in
one of the most sensational cases that has
attracted the public attention in Davidson
county for several years II will be re-
mcmbered that in July, 1885, Miss Laura
Carney was shot and seriously injured by
her former lover, T.. j. blonahan. Il ap-
pearcd at the time OF the shooting that
Monahan selected the sensational sur
roundings for the commission Of the deed.
While the young lady was seated Mt the
organ ut her home in North Nashville, sur
rounded by friends engaged in singing,
Monahan rushed into the room with a
drawn pistol, fired shot into tho head of
the young lady, another into the arm of
Miss Carncy'smothcr, and danothcrthrough
the hat Of gentleman present lie then
retired 10 the yard, or street, and
tried 10 Kill himself declaring that
hc wanted 10 die with Miss Car
ncy Monahan was indicted by the
grand jury for attempt 10 commit murder
and for malicious shooting. When he was
arraigncd for trial the plea Of emotional
insanity was set up. Under the evidence
and the charge Of the judge, Monahan was
convicted and sentenced 10 ten years inn
prisonmcnt An appeal was taken and
the bill of exceptions was very carefully
considered Justice Caldwell delivered the
opinion Of the court.
II was unced by counsel that the record
fails 10 show that an indictment was prop
crly found. The court thought this
Showed refinement which should not
be encouraged by the court" II was also
claimed that thcindictmcnt WIS insufficient
In the iinsl count because the word "de-
libcmtclyN was lcit out This exception
was not sustained Al the exceptions we're
oycuulcd by the trial Judge and the ind
ing Of the court WIS affirmed.
SUNDAY BASEBALL.
A hustle went around the court room
when Justice Folkcs announced that Lha
supreme court had unanimously affirmed
the decision Of the circuit court in the
sunday baseball case. The case cglinc bc-
fore the supreme court Ia the style Of Jack
| HAYS ". The State. During the summer
Of 1887 the plaintiff In error was indicted
for violating an net oi lSSi generally known
~ tho "Sundny baseball law" When tho
case came before the criminal court motion
was made 10 quasli the indictment Tho
reasons for the motion were alleged irrcg-
ularity in the passage OF the net Tho
constitution provides that bill to become
q law must pas each branch Of the leg
islalurc on lhrrc separate DAYS, be- signed
10y the speaker Of the House and Senate
aud the facts Of H. signature be- noted by
the clerks II was claimed hy the plaintiff
in error that Scuatc bin No $50
was duly passed and transmitted
to the House IN the ~ of April, and sub
stituicd for House bill No. 2.si. The llousa
Journal notes that the substituted Senate
bill passed lint reading April 3, and third
reading April I. II was claimed that III,
lack Of record Of the bill passing the House
oi three separate readings should inyali-
date the act The court held that the fact
that the regular signing Ut the bill In tho
presence oi the Senate aud House oi Repre-
sunla,ycs 10y the speakers and clerks was
strong evidence that IL WIS passed Tcgu-
larly. II was prcsumahlc that the clerk
wrote "lirt rcadng' In the House journal
oi April instead OF second reading.
judge Rolkcs delivered the opinion ol tho
| court.