The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-11-01
''Murderer" Is i'm Prison;
~ 7ssViCtim" Is Still Alive

Tennessee hospital for the insane. He
raved constantly and imagined that the
officer was again approaching nm with
Hulil The case created great inter-
est. 1t was appealed and taken to the
state supreme court. When 1t was call
ed, Oct. ~, 1902, instead of Peake an
swering, he then being in the asylum,
Silas Hulin was presented in custody
of Deputy Williams. The appearance
of the man in court produced pro-
found sensation, and the result was
that the case was continued year, and
Peake was ordered kept in the asylum
for six months or until he became
much better, and it was decided to dis
pose of the case.
When it was called last week an
opinion was delivered by Judge w. K.
McAlister, of the supreme court, which
affirmed the judgment of OF the court
below, and Peake was ordered to priS-
on to serve his time. The court refused
to take judicial notice of the petition
that was filed, setting out that Peake
had been insane, and that the discovery
Of the man supposed to be dead was
the cause. But Peake's lawyers We're
active, as was the deputy sheriff, and
habeas corpus proceedings were IN
stituted before Judge J. w. Sneed, or
the circuit court at Knoxville, asking
for the release of Peake on the
grounds that he was being held for the
murder of a man who was alive. Inc
Judge held that he could not go behind
the finding of the supreme court. mus
the matter stands, the last move on
the checker board of justice having
been taken When the hdbeas corpus
case was called Hulin stated that he
had no brothers, and that he lived for
years with a cousin on his small
farm. He stated that he was not In
Clinton on the date of the killing, and
that he had never known Clarence
Peake, except by seeing him.
Who Is the Dead Man?
He said that he was not dead. He
was on the streets often and attracted
much attention. He states that he had
rather serve the time himself than 10
think that the young man is serving
time for killing him. Who was the dead
man? is now the question. NO one is
able to answer it, A crime has been
committed. A man identified by at
least 800 people as Silas Hulin fell at
the hands of Peake and was buried as
Hulin. Peake says that he thought that
he had killed Silas Hulin, as he had
seen him several times.
THE only solution is that the dead
man was a tramp and that he was
passing through the town and was
killed by PGdK6. HIS uOcS llOL SCCiii
nlausible, as no tramps had been seen
coming into the town by the officers
of the law who watch the trains close
ly TO prevent tramps riding. Hulin
States that he has never seen any
one whom he thought resembled him,
and thus the matter stands. Peake
comes of a good family, his father be-
ing Jasper Peake, a well-known farmer
of the Clinch River valley. He is much
perplexed over the case. The supreme
court is thought to have taken no Off
cial or judicial knowledge of the find
ing of the man Hulin on the ground
that 1t did not believe the story or did
not desire to go behind the finding Of
the court below. 1t took the position
that the defense should have pro-
duced Hulin at the trial below, as then
it could have done, perhaps, as easily
as when it did, as 1t is said that 1t
was known then that Silas Hulin was
not killed.