The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1896-07-11
LooPHoLES OF THE LAW.


How n Southern Murderer Escaped this
Penalty OF His Crime.
1t is possible 10 commit wilful muir
der, confess the crime and yet avoid the
penalty prescribed by statute. The law
which is intended to punish crime can
be made to shield the criminal. Muir
der, when done in the right manner
and the right place, need not lead to the
gallows nor to a long imprisonment.
But it requires considerable legal
talent to secure the protection of the
law in such cases, and legal talent y eX'
pensive, so that it seems probable that
murderers will continue to rely on con-
cealing their crimes or in pleading self
defense or insanity.
Some time ago man named Hall
who lived in North Carolina, near the
Tennessee boundary line, had dispute
with ueighbor who lived in Tennessee.
The dispute was settled by the use OF
firearms, as many disputes have been
settled before. Either Hall was quick
er on the draw the other man was un.
armed or he was given no warning. AT
iilN rue. Hui NlllNi tiit
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 IA
few yards away, was in the state OF
Tennessee. Hall was indicted and tried
in a North Carolina court. His attor
ney established the fact that a state
line was crossed by the bullet III its
deadly fight and then made his defense,
The 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 claimed that Il
man cannot be murdered where he is
not, and as the victim of Halls shooting
was not in 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 APP
peal to the higher court reversed the de
| cision and Hall was declared innocent
so far as North Carolina was concerned
When discharged he was Immediately
arrested on complaint Of the Tennessee
authorities, who demanded extradition
papers. Extradition papers can only
be secured for a fugitive from justice,
and the allegation was made that Hall
was such fugitive and that he was
wanted in Tennessee for the crime of
murder.
As soon as Hall was taken into Gus
| tody the second time an application was
made for his release on a writ of habcas
corpus. The plea was made that as
| Hall was not in Tennessee when the
murder was committed he could not be
a fugitive from that state. In other
words, it was contended that man can
not run away from place in which he
has never been. This matter was also
carried to the supreme court, where a
| decision was secured which released
Hall. In this decision three judges con-
CURED, two dissenting.
Neither North Carolina nor Tennessee
has taken any steps to prevent repet-
above. 1t is doubtful If any other state
has laws under which a crime commit.
ted under the same circumstances could
be punished, and it might be difficult to
pass "A state law which lawyers could
not destroy. A United States law would
of course be effective.
At present the man who lives near a
state line has advantages when he
wants to commit murder. All he has TO
do is to coax his victim close to the
boundary line, place that imaginary
line of demarkation between them and
fire away. If his aim is good he will
accomplish his purpose and clever
lawyer will secure his discharge-for
a consideration, of course.---N. Y. World.