The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-05-21
HACKETT ASKED BAIL
AFTER COURT REFUSED TO MODI-
Fly HIS SENTENCE
ANOTHER MOTION WAS FILED.
THIS TIME 1T is CLAIMED THAT
JUDGMENT Is VOID.

Hackett First Pleaded Guilty and
Was Sentenced to Pay 500 Fine
and Serve Six Months on Chain
congratulated for a Modification
of the Sentence--It Was Denied.
His Motion i'm Arrest of JudGmen mt
Filed Yesterday, at Which Time
Bail Was Asked-Judge Barrow
Denied Application.
Following a futile appeal to the mer-
cy of the court, and an Intellectual at
court modified, r. A. Hackett, who
pleaded guilty some time ago to run
ming a policy shop and was tentenced
to pay a fine of 500 and serve six
months on the chaingang applied to
Judge Barrow yesterday for bail,
pending the determination of a mo-
ton in arrest of judgment. which was
instituted by his attorneys shortly
after the motion for a modification of
the sentence was overruled.
In denying the application for bail,
Judge Barrow expressed himself very
forcibly in regard to his case, and
when the attorney for Hackett had
finished his application, ordered the
sheriff TO send the prisoner to the
changing at once.
II will assign the motion in arrest
| of Judgment for a hearing on June /,
said the court, but 1 will not admit
the defendant to bail; nor will | grant
| any supercedeas.' This conclusion
was reached Immediately by Judge
Barrow.
influence Intellectual.
81 considered this matter thorough
| ly, and my mind was made up when
| passed judgment. Powerful influences
have been brought TO bear to gain this
! mans release. Preachers-not negroes
/ but white preachers among others
have petitioned me in his behalf. l
sentenced him to the changing on
| his record in my court. l am gong 10
make the punishment fit the crime.
Il think you will have to take the
matter to the Supreme Court, II you
hope to get any change. Mr.. Sheriff,
see that the prisoner is sent to the
! changing l will hear his motion IN
arrest of Judgment, but l will not ad-
NIT him to bail"
Grounds of the Motion.
In his motion in arrest of Judgment
| il is contended that the sentence of the
court is proceeding illegally, in that II
! is void since it contemplates punish
ing him by forcing him to serve two
terms on the penitentiary for the same
| offense. The reference to two terms is
supposed to refer to that portion of the
sentence which provides that the prls-
| oner pay a fine of 800 and serve six
months on the changing, and in de-
fault of payment of the 500 he serve
six months additional on the chain
| gang
The motion will be heard on the first
| day of the new term. 1t was made on
| the last day of the March term, the law
prescribing that it shall be made dur
| ing the same term that the judgment
| is passed.
Granted No Modification.
/ At the morning session of the court
| the motion for a modification of the
sentence previously passed by tins
court was heard. In overruling the
motion and denying the request Judge
Barrow stated his position in the mat
| ter very clearly, saying that while
numerous exculpatory documents ha(
| been presented to him that they al
! tended to show that the prisoner wa!
| a good father, a dutiful son, a good
| step-son, etc, that such. arguments dtt
| not exonerate him i1'his conduct il
persisting in his lawlessness, in de
/ fiance of law. He said that it wa
upon his past record in the Superio
Court that he based his judgment.
Hackett will be taken to the chain
| gang, probably this morning, wher
ne will probably remain at least si1
months. Judge Barrows position il
refusing to modify the sentence or ad
NIT the prisoner to bail met the warm
est approval on all sides yesterday.
is not at all improbable that ere Hack
EFT has served long on the chaingant
a Communication of his sentence will
be sought, as the defense is awaiting
itself of every advantage offered b.
the law.
The state was represented by Acting
Solicitor General D. J. Charlton, Will
the defense was represented by r.. L
Colding and Gordon Saussy.