Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-06-05
l.OOPHoLEs OF THE LAW.
How Southern Murderer Escaped
the Penalty of His Crime.

From TIE New y ORR World.
II IS possible to commit 4 willsuI murder
rCnfess the crime and yet avoid the penalty
prescribed by statute. The law which Is IN
tended 10 punish crime can he made to
Shield the criminal Murder, wnen done in
the right manner and the right place, need
not lead to the gallows nor to a long i'm
prisUnmsnt
But it requires considerable legal talent
to secure the protection Of tue law in such
cases, and legal talent is expensive, so that
II 5, ems probable that nurleTers " i'll con-
tnue 10 rely on cOncealing their crimes or
in pleading self-defense or insanity.
some time ago man named Hall. VINO
| we'd IN North Carolina, near the Tennessee
boundary line, had dispute with neigh
Dor VINO lived in Tennessee. The dispute
Vas settled by the use of firearms, as
many disputes have been settled before.
Either Hall was quicker on the draw"
the other man was uHarIne1, or he was
given no warning. At any rate. Hall kill
ed the Ternesseean and was indicted and
brought to trial.
The evidence showed that at the time of
the shooting Hall stood on North Carolina
soil. while his victim, only a few yards
away. was in the state Of Tennessee. Hall
vas indicted and tried in a North Carolina
court His attorney established the fact
that state line was crossed by the bullet
In Its deadly night, and then made his de-
Tense.
Tee defense offered was that The crime
was not committed in North Carolina, but
in Tennessee. 1t was argued that in the
contemplation of the law the victim was
shot in Tennessee. In other words, it was
cidlmeI that man cannot be murdered
where he is not. and as the victim of Halls
shoot ng was not il North Carolina at the
time OF the murder, the murder could not
have been committed in North Carolina
but was committed in Tennessee
The trial court convicted Hall, and he
was sentenced 10 be hanged. An appeal to
the higher court reversed the decision and
1 rod
C-rolEa was Concerned When DISCHARGED
he vas Immediately arrested on complaint
o. the Tennessee authorities. who demand
ell eNtTad.ton papers. ENtradtion pspers
can only be secured for fugitive from JUS
ucs, and the allegation was made that
Hall was such a fugitive and that he was
wanted IN tennessee Cor the crime of muir
der.
As soon as Hall was taken into custody
the second time an application was made
for mis- release on a writ of haDeas corpus
The plea was made that as Hall was not in
Tonnes ee when the murder was committed,
ne could not be a fugitive from that state
In other words, il was contended that n
nan cannot run away from Il place in
which he has never bsea. This matter was
s'so carried to the supreme court, where a
decision was secured which released Hall
IN this decision three judges concurred,
IwI ii Senting.
Neither North Carolina nor Tennessee has
taken any steps to prevent a repetition of
such an occurrence as related above. 1t is
doubtful if any other state has laws under
winch crime committed under the same
c.rcums tanceS could be punished, and IL
might be difficult to pass Il state Jaw which
lawyers could not destroy. A United States
law would, of course, be effective.
AT present the man who lives near state
line has advantages when lie wants to
commit murder. All ne has to DO is to
coax his victim close to the boundary ELe
place that Imaginary line of demarcation
between them and fire away If his aim Is
good he will accomplish his purpose. and
clever lawyer will secure his discharge-for
q consideration, of course.