Hattiesburg daily progress. (Hattiesburg, Miss.) 18??-1909, 1903-07-18

HEIRS OF ASHLEY COOKE
Are the PlaintiffS-Will be Tried In
September at Senatobla.

The following special was published
in the Meridian Press of yesterday
from its Jackson correspondent:
Jackson, July IA dispatch pub
lished in the Commercial Appeal will
play an important part in one of the
most interesting suits ever brought in
this state. The case will be tried
next September at Senatobia. 1t is
a suit for$ 80, 900 damages brought by
the heirs and legal representative of
Ashley Cooke, who was hanged at
Greenville, Miss. several months
since, for the murder of Engineer
Wray at Leland. Washington county.
Besides the fact that the case wilt
involve several legal points, it will
be of special interest to the people of
Mississippi as recalling the now ia
nous Ashley Cooke trial and execu-
tion The execution of the defendant
Cooke is the ground upon which the
damage suit is founded, and it is con-
anded that the execution might have
been prevented but for the publica-
ton in the Commercial Appeal of the
news that Judge White, of the United
States supreme court, had declined
to interfere in the Cooke case, and
had refused to docket the case for
hearing in the United States court
and to grant stay of execution.
The plaintiffs in the suit contend
that the Western Union Telegraph
company, through it's agents and en-
ployes, gave out this information,
thereby making public the conetnts of
a private message which had been
sent over the wires.
Ashley Cooke was in Jail at Green
Vile under sentence to die on July
81. The supreme court passed on his
case and had refused to reverse lower
courts. The sentence was fixed. Mr..
Dean, an attorney of Cookies, went
to see Justice White of the supreme
court of the United States, taking the
record of the case with him, for the
purpose of getting the case before the
supreme court of the United States
While Mr.. Dean was gone, the family
and friends of Cooke became extreme
ly active and brought all manne
of pressure to bear upon the governor
here to prevent the execution of the
death sentence. One of the argu
ments they relied upon. to be uset
with the governor. was the fact that
Mr.. Dean was trying to secure sta.
of execution and that they had ever,
hope that the United States cour
would take cognizance of the case.
After going over the entire matte
and searching the record in the case,
Justice White, to whom Mr.. Dear
applied, refused to interfere. MI
Dean sent telegram to the brothe
of Ashley Cooke at Senatobia. advis
ing him that Justice Whi5e decline
to interfere. This message was fol
warded from Senatobia to Greenville
Miss.
1t is claimed by the plaintiffs ths
some one of the employees of the CON
Lany revealed its contents and on tn
the claim of damages is based. The fat
of Judge Whites refusal was pull
lished in the Commercial Appeal {
July 81. the very day upon whic
Cooke was to be hanged. On tf
morning of the 2lst, committee VS.
IN the governors Office urging the r
prieve. One of the gentlemen refe
red to the mission of Mr.. Dean an
the governor interrupted him to 50
that it was useless to talk of M
Deans mission and the probable r
suit thereof, as he was advised th
Judge White had declined to int
fere.