The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-04-01
SHERIFF'S EXCUSE
FAILURE TO RECEIVE OFFICIAL
NOTICE OF sUPERsEDEAs.
WOULD HAVE BEEN MURDER.
HAD HE EXECUTED NEGROES HE
CARRIED BACK TO sYLVANIA,
LAWYERS SAY.


the Negroes to Screven County and
His Announced Intention to Exc
cute Them, on the Ground That He
Had Never Been OfhciaIIy Notified
of the Grant of Supersedeas.
Difference of Opinion as to Whose
Duty II Was to Give Notice, but
None as TO Sberif's Responsibility.
Had Sheriff Thompson. of Screven
county, executed last Friday the negroes
convicted of the murder of Harrington
and Mears, he would himself, in the opin-
ion of Savannah lawyers, have been
guilty of murder.
The five negroes had been convicted in
Screven Superior Court of the murder of
Harrington and Mears. Their counsel
had fled motion for new trial, which
had been overruled. From the judgment
of the court overruing this motion the
defendants had appealed 10 the Supreme
Court. The grounds of motion and brief
of evidence for the defendants had been
approved by the trial judge and a super
sedeas granted by him, pending the decis-
ion of the motion by the Superior Court.
There seems to be some doubt among
lawyers here as to whose duty it was, If
it was that of anyone, to notify the sher-
if officially and directly of the tendency
of the motion for a new trial in the Su-
preme Court and the grant of the stay of
execution. Some of the lawyers seem to
think that the clerk Of the court should
have so notified the sheriff, while others
are of the opinion that the grant of the
supersedeas and its being filed in court
constituted all the notice the sheriff had
any right, legal or otherwise, to expect.
This, however, beside the question of
responsibility for the removal of the ne
groes from the Jail of Chatham county
back to Sylvania, for the alleged and os-
tensible purpose of their execution. Sher-
if Thompson made no pretense of not be-
ing aware of the tendency of the motion
for a new trial and the grant of the SUI
| persedeas; his only contention was that
he had never been apprised officially of
the status of affairs
When Mr.. Raiford Fallgant, of counsel
| for the defendants, saw the sheriff on
the morning he arrived in Savannah, to
carry the prisoners back to Sylvania
and the sheriff told Mr.. Falligant that
| he had been instructed to follow the
| course he was then pursuing by the
! County Commissioners of Screven county.
| He added that the day following was the
day set for the execution in the original
! death sentence, that he had never been
notified officially that there had been a
change and that he intended to carry out
his duty and hang the men.
Mr.. Falligant said yesterday that he
| told the sheriff if he carried out this pur-
pose he would be guilty of murder pure
| and simple; that whether he had receiy-
ed official notice of the supersedeas or
not, he knew that it had been granted,
and that no technical excuse of the kind
he offered would avail to shield him it
he were prosecuted for the murder of the
negroes. Sheriff Thompson was told he
| would be held personally and individu-
ally responsible if the negroes should be
| executed by him or if, through his ac-
ton in carrying them bacl. to Sylvania,
they should be taken from his hands and
| lynched.
II have since learned" said Mr. FaIli-
CANT, that the County Commissioners
had given the sheriff no orders whatever,
and that in bringing the five negroes 20
Sylvania from Savannah he had acted
eT1Flrely on his own responsibility"
Several lawyers, who were spoken to on
the subject, agree with Mr.. Falligant that
had Sheriff Thompson executed the men,
| under the circumstances of the case, he
| WOuiu nave Deen guilty. OF murder, LOT
which the fact that he had not been Off
cialg notified of the grant of the super
sedeas would have offered absolutely no
excuse. Had he been placed on trial for
the murder of the negroes, these lawyers
think he would not have been permitted
to shelter himself behind any such weak
| technicality.
The opinion prevalent here is that If
the Governor had not acted promptly and
/ "a InA ant % mil 70 tcnT
der. the problem of life and death would
have been solved for the FIVE alleged
murderers long ere this. Out in Screven
county the feeling is that the negroes
were members OF a band of outlaws, who,
in addition to other atrocities killed two
good citizens. The people believe the ne
groes have had all the trial to which they
are entitled, and all the opportunity Of
disproving the states case they have any
right to expect. They had been sentenced
to die for their crimes, and the people
hated to see an exhibition of the laws
delay" in this particular case.
The prompt action of the Governor nip
ped the prospect of trouble in the bud.
With one military company already on
guard and plenty of other troops in readi-
ness here TO be hurried to the scene In
case of need the turbulent spirits found
1t wise to restrain their ardor and await
another and more favorable day. The
danger point was passed and no attempt
was made to prevent the negroes safe re-
turn TO Savannah.
The hearing upon the motion for a new
trial has been assigned by the Supreme
Court for April Is. and il will proba bly,
be two weeks beyond that day before a
decision will be rendered by the court.
| If the decision is adverse to the defend
ants they will be re-sentenced by Judge
Evans in case the decision of the lower
court is reversed a new trial will have
to be had.
In the latter event counsel for the de-
| PENDANTS will apply at once for a change
! of avenue. and Mr.. Falligant thinks Il
will be granted. Recent events have
made It doubtful. at least. 10 his mind.
II the prisoners can secure fair trial in
| Screven county.