The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-08-06
AN IMPORTANT NEW Law.
A Way for Capital Gases to Get Into
the supreme Court.
From. the st. Louis Republic


WASHINGTON, July 31.-Lawyers some
times need to be reminded that congress is
always at work making changes in the law
and that the statutes 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
docket a case under circumstances unlike
any that had ever come to his notice
James Leeper and Edward Powell were in
January last, convicted in the circuit court
of Coryel 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 confirmed. G. P. M
Turner of Memphis was retained for the
convicted men, and be secured reheariug
of the case, argued it, and the adverse de-
cision was reaffirmed. Judge Hurt, one of
the three judges dissented.
Mr.. Turner asked for an opportunity to
retry the case, but his request was over
ruled. He then petitioned for q 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 appeared to have any knowl-
edge until he directed their attention to it,
for the second session of the Fiftieth con-
gress, chapter lib, carry an act ITO abolish
circuit court powers of certain district
courts of the United States. and to provide
for writs of error in capital cases and for
other purposes" 1t establishes courts in
Arkansas, Mississippi 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 that
does not appear to have come under the
observation of the lawyers who were trying
to find way into the supreme court for
Kemmler:
Sec. 6. That hereafter in all cases of con-
vction of crime, the punishment of which pro-
vided by law is death, tried before any court of
the United States, the final Judgment of such
court against the respondent shall, upon the
application of the respondent, be re-examined
reversed or affirmed by the supreme court of
the United States upon writ of error under
such rules and regulations said court may
prescribe. Every such writ of error shall be
allowed as of right, and without the require
ment of any security for the prosecution of the
same or for costs. Upon the allowance of every
such writ of error, it shall be 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 supreme
court of the United States a certified transcript
OF the record IN such case, and it snail 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. during
its tendency, operate as a stay of proceedings
upon the Judgment in respect of which it is
sued out. Amy such writ of error may be filed
and docketed in said supreme court at any time
In term held prior to the term named in the
citation, as well as at the term so named; and
all such wrlts of error shall be advanced to a
speedy hearing npon motion of either
party When any such Judgment shall
be either reversed or affirmed the cause
snail be remanded to the court from
whence it came for further proceedings in &C
cordance with the decision of the supreme
court, and the court to which cause is 30
manded shall have power to cause such judy
ment or the supreme court to be carried into
execution. No such writ Of error shall be sued
out or granted unless petition therefor shall
De nled With the clerk of the court in which 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, as
tne court may for cause allow by order entered
of record.
When Mr.. Turner produced his authority
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
docketed. The clerk had never heard of
the law, but he soon saw that there was no
doubt about it and complied with the de-
msnd- The statute will make il a great
deal easier 10 get capital cases in the su-
preme court, and IL is altogether probable
that the opportunity will be seized by the
counsel OF many criminals.p