The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-21
evidence. The supreme court said Of the

evidence. The supreme court said OF the
case:
IL will be necessary to notice but one
OF the assignments of error in TINS case,
and that IS, the verdict of the jury is con-
trarX TO the law and evidence in the case.
Moral and reasonable certainty is all
that can be expected in legal inyestiga-
ton. In all civil cases the preponderance
or testimony is considered sufficient to
produce mental conviction. In criminal
cases a greater strength of mental con-
yyictlon Is held necessary to justify a YER
olct OF guilty. Code, section 3749. The
testimony should be so strong and con-
elusive as TO exclude from the minds of
the Jury every reasonable doubt as to the
guilt OF the accused. Applying these prin-
clpleS TO the facts in this case, in the
nrst place the weight of the evidence is
not suincient to produce a belief that
tle accused was guilty of the offenSe with
which he Is charged. This amount of
testimony is required in a civil case to
lpstlty verdict; but in a criminal case
there must be greater strength of mental
convection TO justify a verdict of guilty.
Inc testimony in this case is far from
satisfactory. No one can read it and be
saushed that the defendant is guilty,
much less can he be satisfied beyond a
reasonable doubt. While we hesitate to
grant a new trial on this ground, yet our
CONVICTIONS or duty, when the evidence
IN TINS case is considered, leave us no al
terhatlVe but to set aside this verdict and
AWARD new trial Judgment reversed"
1nls Is the strong light in which the
supreme court put the case in deciding it
Pee. q, 1883, which IS to the effect that if
TINS was all the testimony the state had,
the negro was not guilty, and on another
tflal would have to be acquitted. Yet he
mas never had that other trial. He was
sent OIL TO the penitentiary, and he is
inZ.
Solicitor General w. w. Osborne found
the case among the records of his office,
Wnen ne entered upon it. His vigorous
prosecution of the cases on the criminal
DOCKET is well known, and with the inten-
Iioh OF clearing the docket he took up this
70 l. inn ant lie
position of il, Mr.. Osborne has written
a letter to MIR. Grower at Statesboro. he
having aided in the former prosecution
OF the case, and asked him what he de-
sired TO do about 1t. Mr.. Grower has re-
pied, stating he would look into the mat
ter and let him know within few days.
fl1teen years must have scattered the
greater part of the testimony far ana
wide, and 1t is hardly probable that as
much testimony could be produced now,
as was brought forward at that time, but
II remains to be seen what will be done.
Judge Falligant was asked about the
case yesterday He did not bring it up for
new trial at that time, he said, be-
cause he was afraid for his clients life
on account of the intense feeling against
hlm IN Bulloch county. The case was al
lowed 60 go on for time, therefore, and
when Judge Fallgant went on the bench
ne appointed MesSrs. A. r.. Wright and
T. ). Morgan, Jr., as Lees counsel. He has
called the case from term to term, he
stated, and for one reason and another the
new trial has been continued from time
10 tune Dy consent OF counsel Tor the state
and for the defense Mr.. A. S. Way was af-
forwards appointed in place of Mr.. Wright.
Judge Falligant said he called Solicitor
General Frasers attention to the case on
several occasions, but after consultation
between Mr.. Fraser and the counsel for
the defense it had been continued. Recent
ly he passed an order directing the solicit
tor general to bring the case up for trial
at the next term of court and in the order
1t was stated that the case had been con-
tinued from term to term by consent.
Judge Falligant being himself disqualified
to preside in the case, says on several oc-
casions he stated to the counsel interested
that he was ready to send for judge from
some other circuit and have it disposed of.
The attorneys, however did not see fit to
take action, and the case went over by
consent.
Judge Galloway has been written since
the passage of the order mentioned and
asked to come down and preside in the
case. He has agreed to do so and will be in
Savannah the second week in March for
that purpose. So whatever Mr.. Grower
may decide to do in the matter, the case
will be taken up at the next term of court
and there will either be another trial or
Lee will be released.
Lee was at the time of his trial about IA
years old, though It was claimed by the
prosecution he was IS. He Is now a big
hurley negro, of 80 years, and is said to be
working in the coal mines. He will doubt
less welcome the news that there is a
chance of his being liberated. The de-
velopments in the case will be awaited with
much interest.