The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-11-01

NASHVILLE, Tenn, Oct. S1.-Clar-
ence Peake has been brought to the
penitentiary here to serve twenty
years sentence for murder. The man
whom Clarence Peake was found guilty
of numbering asked to accompany him.
Being refused, he asked to be permitted
to undergo the sentence himself.
This is no puzzle. 1t presents, now
ever, a case that has no parallel IN
criminal Jurisprudence in this state.
For killing Silas Hulin young Peake
was sentenced to prison.
And yet Silas Hulin is alive and well.
He was, in fact, at the train at Knox
VILE when the youth started on ms
prison journey. In spite OF the 1act
that Hulin is alive, the supreme court
has refused to interfere in the case, ana
the lower courts are unable TO take
Peake out of the hands OF the authorl-
ties, even on a writ of habeas corpus.
1t is the strangest case in the annals
of Tennessee, as there is no chance for
freedom for Peake except through tine
action of the governor, who, II he sees
fit. may pardon him. Hulin, who is an
aged trapper, has signified his desire TO
serve the young mans term In prison,
but. of course, no attention can be pald
to the offer. He says that the knoWl-
edge that man is serving sentence
for his murder, when he is allVe anu
free, is simply unbearable.
Supposed He Killed Hulin.
It was Christmas afternoon of 1900
that Clarence Peake, nineteen years OF
age, bright youth just out or scnool,
left his home with a crowd or young
men in Anderson county, Tenn, ana
went to Clinton, the county seat and a
thrifty country town. They were 10
spend the evening with friends IN tne
town with whom they had been school-
mates during the few months pre-
viouS. 80
They engaged in firing explosives,
and one of the party suggested that
they make egg-nog, and Peake ana
others were despatched to a saloon In
the town to get the material. during
the hilarity Of the occasion Peake ask
ed a number of the men In the saloon
to drink with him, and the saloon man,
not noticing the age of the young man,
| sold him what he wanted. Among tnose
| in the saloon was Silas Hul1n, an &C.
centric farmer and trapper, VINO nVes
near the Peake homestead, and VINO
| Joined the others in -partaking of the
hospitality of the young men. Peake
took out money to pay for the drinks,
and when he noticed that the sum was
large incurred as to who had drank.
He learned that among them was HUI
lin. This enraged him, as Hulin had
trapped on his fathers farm, and, IL is
said, had been guilty of some depreda-
| ton that was Objectionable, with the
result that Peake bore a grievance to-
ward him. This incident was given
| only passing notice at the time, but
| Peake considered that he had been m
suited. and in the afternoon, While still
| in town. he went to Hulin and the trou-
| BILE was renewed.
A fight took place and the trapper
| from the mountains was shot by tile
young man. Peake did not rum put
went to the hotel, and when the ON
GERS came, stated that he mad Killed
Silas Hulin because of an Insult that
had been inflicted upon him. The coh- ,
duct of the young man was considered
most foolish, but he was known as
Young man of a capr1c1ouS dlsposlllon'
| and this was given as an explanation
| for his having committed the crime.
| The remains of Hulin. or the man sup
| posed to be Hulin, were turned over 10
| peopIe who said that he was related 10
them. and they were inferred In the
cemetery at the edge of town. The
case against Peake came ON for trial In
| the circuit court before Judge q. M.
Henderson, with the result that ne was
| Given a sentence of twenty years in the
State penitentiary. But during all OF
| This time Deputy Sheriff Lincoln Will
liams, who had much experience as an
officer, had been active.
Hulin Is Produced.
He stated at the beginning, when
he saw the body of the dead man and
when it was identified as that Of Silas
Hulin, that the dead man was not HUI
| lin. and he stated that the man was a
stranger. A year ago he became very
| active in the case, and one evening
| while young Peake was at his fathers
home, then being out on bond, VIII
liams drove up In buggy with man
whom he said was Hufin. The youne
man tainted and became insane, ,ano
| Ave DAYS later was sent to the East