Hattiesburg daily progress. (Hattiesburg, Miss.) 18??-1909, 1903-11-10
SUPREME COURT PROCEEDINGS.

SufkEME IUukt PkUIEEDtNuS.
Decision In Requisition Case
Other Cases OF Interest Dis
posed of.
Special to the Daily Progress.
Jackson, Nov. 10.-At its sitting
last evening the Mississippi suprem'
court decided, through Chief Justic'
Whitfield. that the governor OF TIT
state has the right to delega'e to hi
private secretary the right to sign hit
name to requisition papers In instan'
ces where the governor has been &C
quaintsd with the circumstances al
set forth in the requisition.
The point was brought up In the
case of Elk Parte Robert Rodgers vs..
the state, from the circuit court OF
Kinds county. Rodgers 10 young
negro charged with committing mur
der in the city of Chicago on the goth
OF June. After the crime he left
Chicago and finally drifted back to bis
old home in this city, where he was
placed under arrest by the chief OF
police.
Governor Longino was out OF the
city when the requisition papers from
Acting Governor Northcott, OF llli-
nois, arrived, but when made &C.
quainted by telegraph with their
contents he authorized Private Score.
tary Mcdowell to honor the requisitlon
providing the identity Of the prisoner
was proven. This was done. eye
witnesses testifying during the habeas
corpus trial that they saw Rodgers
commit the murder, and thu Chicago
chief of police furnished an elaborate
description Of the prisoner, even de-
failing the manner in which his teeth
had been filed with gold.
The main point made by the defense
was that the requisition had not been
regularly founded, and on this appeal
WAS taken to the supreme court from
Judge Powell's decision, which 10 now
affirmed and Rodgers, who has been
in the Jackson Jail since last June,
will be taken back as soon as the OFF,
Ger from Chicago arrives.
In the case of Hiram Goolsby vs.
the state, from Tate county, the su-
preme court held that a circuit judge
has the right to direct that a jury
verdict be altered imply because 1t
does not meet with his own view !.
Golsby killed a negro woman and
claimed that it was due to the acct
dental discharge of his gun. He was
tried under section 900 Of the code
which relates to pointing a deadly
weapon and defines three natures of
this offense The jury returned
verdict convicting of the first clause
which means fine and short Jail i'm
prIsonment. The circuit judge di
rected the jury to retire and again
read the instructions for the state and
return verdict under the third clause
which provides a punishment OF not
exceeding five years in the peniten-
tiary, which was done. and the su-
preme court now reverses the case
Following is full list of the desis-
sions rendered:
By Judge Truly, judge.
t. OF l.
corn. Affirmed.
Gulf and Ship Island road VS.. Harry
Garner, circuit Kinds. Affirmed.
Hiram Goolsby We. state, circuit
Tate. Reversed.
ID. W. and Guy Wilkinson VI. A.
Strick and, circuit Kinds. Affirmed.
Illinois Central VS.. Ed Jones, cir
cuit Kinds. Reversed.
Postal Telegraph Company VS.. W.
L.. Wells, circuit Warren. Affirmed.
By Calhoun, Judge:
Winner & Meyer We. John Brandon,
circuit Lauderdale. Reversed.
Charles Armistead VS.. J J. Barber,
Chancery Newton. Reversed.
B. r. Allen VS.. Alliance Trust
company Limited, chancery Washing
ton. Affirmed.
By Whitfield, eircuiG judge:
Felix Edwards We. @. Q. Kelly,
circuit Alfalfa continuance set aside.
Ed Owen and Charles Butler vs.
state, circuit Lafayette. Reinstated.
Rowan " Lamb. chancery Copiah.
Judgment modified for 81 900.
w. f King w Harkins, circuit
Leake. Affirmed
". W White W. J. J. Evans. cir
cult Scott Affirmed.
TX pa~ra Robert Rod $. state,
ciscuit Hines Affirmed
Snc.. n,parH HAY huN IL rs-'i manu-
fac.as.r~ m@ina,n u fobile,
oaa itt,. ,..iy ,.i~tii! ~ h Ala
Is. III. TIER -pecial bra lsle are Col
Il 81 Feather "Mui nek Hill,
.Nsre hal Neil,'' IRE "a, lis
Sprlng iitlI Corn" y @ft HIS
Rest" S nj anywhere fir 81 60 up to
t.,sm for gallon, and yea moneys
" arth, according 10 gra alied lot