The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-08-10
JUDGE DOUGLAS OPINION
In Making the Order He Backs Water
on All Precedent.
THE REMARKABLE RECORD OF THE CASE
Some Irregularities and Queer Things About
the Rehearing. The Negro Respited Ua.
til November LIST That He May
Have Hearing.


Arrested for the rape of a white wo-
man, positively identified by his victim,
tried for the crime and convicted, the
trial reviewed and affirmed by two
courts, the day for the execution fixed
by the Governor and then Executive
clemency four times extended to him
in as many respites of sentence, is the
record of Louis Council the negro now
in Fayetteville Jail under sentence of
death. The history Of his case in detail
is as follows:
Mrs. Lonnie West, a respectable white
woman living in Flea Hill township,
Cumberland county, outraged on May
18th, 1900.
Council was tried for the crime on
December, 1900, in the Eastern District
Criminal court, convicted and sentenced
to hang.
"a Appeal to Superior court heard at
February term, 1901, by Judge A. M.
Moore, all exceptions Over-ruled and
Judgment of the Criminal court af-
firmed.
Appeal to the Supreme court argued
on March 26, 1901, and the court by per
curtain opinion denied the motion for
new trial and affirmed the Judgment
of the lower court.
When this opinion was certified to the
Governor he fixed Monday, June 24th,
as the day for the execution.
On petition of judge, jury, solicitor
and others, Council was respited till
Monday, July 18th.
Before the 18th arrived, the negro
was given an additional week (till July
22). the Governor declaring positively
that he would not further interfere.
But on receipt of an affidavit from
Sheriff Burns, swearing that when he
went on the witness stand he did not
tell all he knew, the Governor further
respited Council till August 18th.
Judge Womack was sent to Fayette-
vile to investigate the case; he found
that Burns alleged new evidence
amounted to nothing, and again 1T was
announced that Council would now GER
tainly be allowed to hang.
Yesterday another respite was grant
ed until November LIST, Judge Douglas
having granted an order for rehearing
of Councils case by the Supreme court,
with the understanding that if he grant
ed the rehearing the Governor would
respite the negro.
The order for the rehearing was is
sued Thursday by Judge Douglas at
Greensboro and was yesterday received
and docketed in the Supreme court. 1t
was obtained by ex-Judge Bryan, of
Wilmington, Councils attorney.
Immediately on official notice of the
n I'm
til Friday November list, 1901, and
wired the sheriff of Cumberland coun-
ty to that effect But as yet no an
nouncement of this being positively
the last respite has been made.
The petition for the rehearing sets
forth the following particulars in which
Councils trial is alleged to have been
irregular:
L. That the Supreme court, in deny
ing a new trial and affirming the decis-
ion of the lower court, overlooked the
fact that w. 3. Coates one of the jur
ors was not sworn to try this case,
only eleven of the jurors being sworn
as required by law
g. That the Supreme court overlook
ed the failure of the judge below, upon
hearing the motion for new trial. to
find the facts upon the affidavits OF w.
B. Coates, A. A. McKeithan and G. w.
Broadfoot as to whether Juror Coates
was sworn as the law directs or not.
3. That the Supreme court overlook
ed the fact that the prisoners coun-
sci had no right to waive his right to
have each juror sworn.
4. That Councils execution is set for
August 18th, and unless rehearlng is
granted he will be executed, as he is
advised and believes wrongfJly on ac-
count of the errors as herein alleged as
having been made by this honorable
court
5. For newly discovered evidence
as appears by affidavit of Sheriff Burns.
This petition, however. is irregular
and many lawyers say fatally defective,
in that it has on it only one endorse
ment, instead of two. as required by
the Supreme court rules. Mr. E. S.
Martin. of Wilmington, endorses it say
ing that he has no interest in Coun-
ellis case, but that he has examined the
Supreme courts decision and that in
his opinion it is erroneous, for the fol-
lowing reasons:
1. That the charge in this case is a
capital felony. and Juror Coates was
not sworr as required by law ir such
cases. therefore the verdict was invalid
9 That the Supreme court erred in
affirming a judgment based upon such
invalid. illegal and void verdict.
On this petition, Judge Douglas orders
a 1ccketing of the case for rehearing
in the following opinion:
State VS.. Louis Council--in the SUI
preme Court, petition to rehear. Doug
las. Judge.
This is a petition made in apt time
and proper form to rehear criminal
case wherein the petitioner is under SEN
tence of death. AS this case was decid-
ed upon a per curiam order while ] was
absent from the bench, am ignorant