The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-07-29
VOOLFOLK MUST HANG.
THE SUPREME COURT DENIES HIM
4 NEW TRIAL.

a Possibility nat Inc OdSo VIII 10
Carried to the United States su-
preme Court-A Synopsis of the
Grounds on Which the Courts De-
cision is Based.
ATLANTA, GA. July 2S.-The supreme
court this morning affirmed the judgment
in the Voolfolk case, and the notorious
murderer must hang Justice Simmons de-
livered the opinion. Ii covered eighty-five
pages. 1t was held that the trial judge was
not disqualified. that the motion for a
change Of venue vas properly overruled /;
that public excitement alone YVES not
sufficient ground fer a continuance,
especially when nearly two years had elapsed
since the commission of the crime. Com
pulsory process of the court TO procure the
attendance Of a witness residing beyond the
state would have been nugatory and was
properly refused, and there was no abuse of
discretion by the trial judge in refusing "A
continuance on account Of the absence OF
such witnesses. Such requests to charge as
were refused by the judge were refused
properly.
COMPETENT TESTIMONY.
The testimony of witnesses that certain
marks and spots were the print Of a hand
and blood stains was not incompetent, be-
cause the information was acquired from an
inspection which was made while jurors on
former trial of the case. The testimony
that the defendant while alone in his cell
was overheard to say: Lord have mercy
upon me for what | have DONE" the only
thing / regret is killing my father" was
not incompetent, because the witness was
the jaier in charge of the defendant, the
law not disqualifying jailer from testify
ing as to voluntary acts and confessions of
prisoners in his charge.
NOT OF IMPORTANCE.
That the defendant on the same occasion
may have said something else in connection
with this which the witness did not hear,
did not render it inadmissable the latter
testifying that nothing else was said within
his hearing, and it not appearing from the
evidence that anything else was said. 1t is
not against public policy to allow a prayer
which inculpates the person who makes
1t to be given in evidence
against him. Testimony by witness that
he was informed by another that the latter
had heard a third person give a minute
account of the killing, and that the inform
ant Of the witness had become frightened
and denied making the statement, was in
consequential.
THE JACK DUBOSE THEORY.
Referring to Jack Dubose, the opinion
says witness having testified that an un-
known negro had come to the house on the
night OF the killing and q certain insane
negro having stated that he was on the
Voolfolk place the night that nine were
killed, the testimony, in the absence of evil
dence to connect tho insane negro with the
crime. was irrelevant. The sayings of the
defendant prior to the killing, indicating
animosity toward his stepmother, were not
inadlnissable, his father having been killed
at the same time.
DRAWING OF THE JURY.
Two of the main grounds relied upon by
the counsel for the plaintiff in error we're
that the jury was not legally drawn and
that proper questions had not been asked
the jurors to ascertain whether they under
stood certain words embraced in the
statutory questions answered by them so as
to qualify themselves. The court ruled
that the jury was legally drawn and quail
fed properly, having answered al the
questions necessary to warrant the lower
court in adjudging them competent.
THE BLooD-sTAINED SOCKS.
Certain socks being offered in evidence
which witness testified were found in a
well on the premises when the killing &C.
CURED, it was not an error to admit them
in evidence over the objection that they
were not sufficiently identified as the same
found in the well, this being a question for
the jury. Justice Simmons concluded:
1.-TWO juries having found the defendant
guilty and the trial judge beiug salts
fed with their Judging and there
being sufficient evidence to uphold
the verdict, this court does not feel author
lied to disturb it," Other minor points are
ruled out, either on the ground of irrel-
evancy or that if an error was committed in
connection Herewith it was insufficient to
entitle the defendant to a new trial. 1t i:
reported here that an appeal will be taker
to the supreme court of the United States.
In the case of Hayes VS.. Jordan & Co., from
Early county, the judgment of the lower
court is reversed.
COL. RUTHERFORD AWAY.
Col. Rutherford, Woolfolk's counsel, i
absent from the city, and it is not known
what further steps he will take.