The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1890-09-03
QUEER WORK OF LAW.
A CURIOUS LEGAL DISCOVERY MADE
IN TEXAS.

The Execution of Two Murderers In Texas
Delayed BY the United States supreme
Court Under Circumstances Never
Heard of Before.
WASHINGTON, August 29-jIawyers
sometimes need TO be reminded that
Congress is always at work making
changes ia the law, and that the statu-
tes at large need to be read by those
who expect to walk in the procession.
The Clerk OF the Supreme Court was
to-day surprised by the request of a
lawyer to-doclet case under circum-
stances unlike any that had ever come
to his notice. James Leeper and Ed
ward Powell werein, January last, con-
yicted in the Circuit Court of Coryell
County, Texas. of murder. The case
was appealed to the Court Of Appeals,
the highest court having jurisdiction
in criminal cases, and the Judgment of
the lower court was affirmed. Mr.. &.
z. NJ. Turner of Memphis was retained
for the convicted men and he secured
rchearing OF the case, argued it, and the
adverse decision WAS reatiirmed. Judge
Hurt, one of the three Judges, dissent
ed
Mr.. Turner asked for an opportunity
to retry the case, but his request was
overruled. He then petitioned for
writ OF error through the United States
Circuit Court of the Western District,
presenting several grounds for the
writ, but relying principally upon
law Of which none of the Judges ap-
peared to have any knowledge until he
directed their attention to it. The
statutes at large of the United States
for the second session of the Fiftieth
Congress, Chapter 113. carry All Act
''To abolish Circuit Court powers Of
certain District Courts Of the United
States, and provide for writs OF error
in capital cases and for other purposes"
1t establishes courts in Arkansas, Mis-
sisSippi, and South Carolina, and, after
providing for the terms of the courts
and the officers necessary to run them,
it sets forth the following section:
section 6. That hereafter, in all
cases OF conviction Of crime, the pun
ishment of which provided by law is
death, trieG before any court of the
United States, the final judgment of
such court against the respondent shall,
upon the application of the respond
ent, be re-eXamlned, reversed, or affirm
ed by the Supreme Court of the United
States, upon a writ of error, underSuch
rules and regulations as said court may
prescribe. Every such writ of error
Shall be allowed as of right and with
ou5 the requirement of any security for
! the prosecution of the same or for
costs. Upon the allowance of every
such writ of error it shall he the duty
of the Clerk of the court to which the
writ of error shall be directed to forth
with transmit to the Clerk of the Su-
preme Court of the United States Ger
titled transcript of the record in such
case, and it shall be the duty of the
Clerk of the Supreme Court of the
United States to receive, file. and
docket the same.
Every such writ of error shall, dur
ing its pendency, operate as a stay Of
proceedings upon the judgment in re-
Spect of which it is sued out. Any
such writ of error may be filed and
docketed in said Supreme Court at any
time in Il term held prior to the term
named in the citation, as we'll as at the
term so named; and all such writ or er-
or shall be advanced to a speedy hear
ing upon motion of either party. When
any such judgment shall be either re-
versed or affirmed the cause shall be re-
manded to the court from whence 1t
came for further proceeding, in accord
ance with the decision Of the Supreme
Court, and the court to which cause IS
so remanded shall have power to cause
such Judgment OF the Supreme Court
to be carried into execution. No such
writ OF error shall he sued oit or grant
ed unless d petition therefor shall be
filed With the clerk OF the court IN
wnich the trial shall have been had,
during the same time or within such
time, not exceeding sixty days, next
after the expiration OF the term OF the
court at which the trial shall have been
had, ;S the court may for cause show
by order -nfcred on record"
When Mr.. Turner produced his au-
thnritv to the Texas Judges they did
not reflect long before they granted
him the writ, and to-day he presented
himself at the office of the Supreme
Court to demand that the case be
| dcckCted The clerk had never heard
of the law. but he soon saw that there
was no doubt about it aud complied
with the demand. The statute will
make it Il great deal easier to get capi-
tai cases into the Supreme Court, and
it is altogether probable that the OPP
pcrtunity will he seized by the counsel
of many criminals.