Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-08-02
OUR QUEER LAWS.

| a Legal Discovery That kstonished the
Clerk OF the United ssatss Supreme
Court-If VIII Now be Ensy TO Set
Capital Cases Inio That August Body
} A Pointer for Lawyers.
WASHINGTON, August1.-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 pro-
cession.
The Clerk Of the Supreme Court was to-
day surprised by the request OF lawyer to
docket a case under circumstances unlike
any that had ever come to his notice. James
Leeper and Edward Powell were, in Janu-
ary last, convicted in the Circuit Court Of
Coryell county, Tex, Of murder. The case
was appealed to the Court of Appeals, the
highest court having jurisdiction in crimi-
nal cases, and the judgment of the lower
court was confirmed. Mr.. G. P. n. Turner,
of Memphis, was retained for the convicted
men, and he secured rehearing OF the
case, argued it, and the adverse decision was
reaffirmed. Judge Hart, one OF the three
Judges, dissented.
Mr.. Turner asked for an opportunity to
retry the case, but his request was over
ruled. BE then petitioued for a.writ OF
error through the United States Circuit
Court of the Western District, presenting
several grounds for the writ, but relying
principally upon a law of which none of
the Judges appeared to have any knowl-
edge until he directed their attention to il.
Tba $40 NJ losO af nj
for the second session OF the Fiftiesh Con-
gress, chapter 113, carry an act ''To abolish
Circuit Court powers of certain District
Courts of the United States, and to provide
for writs OF error in capital cases and Tor
other PURPOSES" 1t establishes courts in
Arkansas, Mississippi and South Carolina,
and, after providing fer the terms of the
courts and the officers necessary to run
them, 10 sets forth the following section,
that would not appear to have come under
the observation of the lawyers who were
trying to find way into the Supreme
Court for Kemmler:
Section e. That hereafter, in all cases of
conviction of crime, the punishment of which
provided by law is DEATH tried before anv court
of the United States, the final Judgment of
such court against the respondent shall, upon
the application of the respondent be re-exam-
ined, reversed, OF affirmed by the Supreme
Court Of the United States, upon a writ of
error, under such rules and regulations as said
court may prescribe Every such writ of error
shall be allowed as Of right and wii iihout the re-
Quiremeut of any security for the prosecution
of the same or for costs Upon the allowance
of everv 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 certified 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
Ia and nt-atf hn
Every such writ Of error shall. during its
pendency. operate as . stay Of proceedings
upon the judgment In respect of which It is
sued out Any such writ Of error may be fled
and docketed in said Supreme Court at any
time in a term held prior to the term named IN
the citation. as well as at the term so named;
and all such writs OF error shall be advanced
to a speedy hearing upon motion of either
party. When any such Judgment shall be
either reversed or affirmed the cause shall be
remanded to the court from whence it came
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 be sued out or granted un- |
less petition therefor shall be filed with the |
clerk of the court in which the trial shall have |
been had, during the same time or within such |
time, not exceeding 80 days, next after the ex-
trial shall have been had, as the 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 Su-
preme Court to demand that the ease be
docketed. The clerk had never heard of
the law, but he soon sow that there was no
doubt about 1t and complied with the de-
mand. The statute will make it great
deal easier to get capital cases into the Su-
preme Court, and it is altogether probable
that the opportunity will be seized by the
counse. of many criminals.