The news & observer., 1901-12-29
THEY CANNOT GIVE BOND
Counsel For Prisoners Except and Will
Also Ask For Writ Of Error From
Chief Justice Furches.
TO CARRY TWO CASES TO U. S. COURT
E.ob,rate Argument Of the Case Occupied the
Entire Day. Attorney Gilmore Wanted
to Have Ran!cuffs Removed
From the Prisoners.

Judge PufnelI yeSlefudy ueHieu ehe
writ of habeas corpus in behalf of the
gold brick trio, who are serving terms
in the State Prison.
After an all day argument Judge Pur-
nell announced his decision and counsel
for the gold brick swindlers gave notice
of appeal.
resents the convicts announced that the
case would be fought to finish. and
that it would be taken to the Supreme
court of the United States in two diff
ferent phases. A writ of error will be
asked from Chief Justice Furches, and
a bill of exceptions will be filed in the
habeas corpus case. The reason for car
rying both cases to the Supreme court is
that several questions are raised by the
habeas corpus proceedings that are not
raised by the writ of error.
Judge Purnell rendered his decision
yesterday afternoon at p m. The gold
brick trio were in court handcuffed and
in prison garb. They listened eagerly to
everything that was said. They had
hoped for liberty, and seemed disappont-
ed when the courts decision was made
known and Warden Fleming started them
back to the prison.
In passing upon the case Judge Purnell
said that the motion for writ of habeas
corpus had resolved itself into three
points
I First. The question of the irregularity
of the selection of Jurors This was
matter the judge held should have been
taken advantage of in the State court,
at the time the jury was drawn. The
system Dracticed was said to be such as
to prevent the ends of justice. Judge
Purnell said this might be SO. but he did
not admit that the law had been violated
in the drawing of the jury.
Second. The question that imprison-
ment for crimes of ten years and less
must be on the county roads, and not in
the penitentiary. Judge Purnell said,
when this question was first propounded,
it struck him with great deal of force.
He held that the act of 81 did not make
it compulsory upon the trial judge to
send convicts to the road, but that he
was given discretion However, Judge
Purnell said the court might be inclined
to say that the Supreme court had
passed upon this subject.
Third. The question that conspiracy
to defraud the crime charged, is not
punishable by the laws of the State.
Judge Purnell said Counsel for the de-
PENDANTS have cited the fact that there
are nine decisions by the Supreme court
sustaining the charge for conspiracy, and
it was said that the doctrine extended
back to the time of Chief Justice Taylor
The remedy here is by writ of error
from the Supreme court. This is the
only way by which a decision of the Su-
preme court can be reviewed.
Judge Purnell then denied the applica-
tion for the writ, stating that the re-
course open to the prisoners was by OBJ
tanning a writ of error from the Supreme
court of the State.
Attorney Gilmore Immediately gave no
tice that he would except and appeal the
case to the Supreme court of the United
States. Mr.. Gilmore started off on the
bail subject saying: Il will ask as rea-
sonable and just bail as you see fit to
require. A writ of error would not raise
the question of punishment"
Here Judge Purnell broke in and
stated that the court had no right to
grant bail until the bill of exceptions
are approved. 1t was then stated that
the counsel for the prisoners have twen-
ty days in which to file exceptions.
Argument in the case began yesterday
morning shortly after ten o'clock, and
with the exception of an hour and a
half at dinner time, continued until six
D. m. Ex-Judge w. P. Bynum, Jr, for
the prisoners, spoke first. Ex-Judge IT,
B. Womack, Solicitor A. L. Brooks and
Mr.. E. l.. Travis. followed for the State.
The concluding argument was delivered
by Mr. Gilmore, of Chicago.
The notoriety accorded the gold brick
trio attracted number of people to the
court room They are hardened look
ing lot, but their long confinement and
prison stripes was probably responsible
for this to some extent. Lawyer Gill
more wanted the handouts removed
from the prisoners soon after court was
opened and moved in their direction.
Quickly Mr.. Travis was on his feet.
.Do / understand that you want the
handouts removed"
Judge Purnell, quietly: mo, sir"
The prisoners then signed thir petit
tions, despite the handouts. The three
men are said to be desperate characters,
though they have behaved all right in
the penitentiary. An extra heavy guard
accompanied them to the city.
j. L. Howard the schemer of the COM
bination, who does the brain work, is
the eldest, apparently about 40. His
face has a three weeks growth of beard
and his piercing eye shows that he is a
leader H. D. Hawley, who is the "as-
sayist," is of slender build, middle aged
and has an angular face. A. l.. Daley
the Indian is the youngest and OF
stout build. He has rather the appear
ance of lazy good natured chap.
Judge Purnell stated at the beginning