The Birmingham age-herald., 1905-11-09
LOOKS AS THOUGH THEY MUST HANG Georgia Supreme Court Sus- tains Rawlings Verdict POOL SELLING LAW IS VOID Atlanta's Ordinance Is In Conflict With State Law-Georgia Delegation
 to Chattanooga Is
 Divided.

Atlanta November S-(Special) )-for the murder of the Carter children, near Valdosta, the supreme court has decided | today that J. G. Rawlins and two Of his | sons, Milton and Jesse. must die on the gallows. while another son, Leonard, must serve d life sentence in the pen l itentiary.
 | It is rather an interesting fact that Tn | it's decision today the supreme court ar I frmed the judgment of the superior | court of Lowndes county under which three of the Rawlins must die while an- other must serve a life sentence, and at the same time reversed that court in the case of Frank Turner, negro, convict | ed of being an accessory before the Tact l in the same case and sentenced to life l imprisonment. Here, 1t appears, is an ex- ample of full justice to the negro which many of the northern critics of the south | declare is denied.
 Evidence Authorizes Verdict. In the case of the father and three sons, white men, the supreme court de- cares that the evidence was sufficient | to authorize the verdict, and finds no error committed in the course of the trial which would authorize reversal. In Turner's case it Is declared that evidence is not sufficient to authorize the verdict, and that the court erred in not granting him new trial.
 There were numerous grounds of error set forth in the appeal to the supreme
 court by the defendants, and each was
 carefully gone into, so much so that the
 .f | i, ,O-tx olt tyAt fbaf
 has been dealt with by the supreme court
 in some time.
 Will Appeal Higher.
 Attorney John B. Cooper of Macon,
 counsel for the defendants. declares that
 he is going to appeal the case to the
 supreme court of the United States. where he will ask a reversal of the supreme
 court of Georgia. The federal question
 upon which MT. Cooper expects to make
 this appeal, relates to the composition or
 the grand and traverse juries which dealt
 with the case. Mr. Cooper will base his
 appeal upon the exclusion from the jury boxes of doctors, lawyers and other pro- fessional men, which exclusion he de- clares, denied to his clients due process of law" which is guaranteed under the
 fourteenth amendment to the constitu-
 tion of the United States
 The supreme court of Georgia, In pass
 ing on this points, holds that jury com
 missioners may omit from the jury boxes
 those exempt by law and those whose
 avocations afford a reasonable excuse from jury service such as would be &C.,
 cepted by the court
 The supreme court holds further that it has no power to control the discretion of a trial judge in the question of a change of venue, unless it is shown that such discretion has been manifestly .bused. Principals and accessories be- Core the fact, it Is declared, may be 'harged in the same indictment and in he same court. 4he failure of the trial ourt to interpose of its own motion in ase of disorder is not sufficient ground or a reversal. The action of the sheriff n making certain statements in open ourt calculated to affect the jury is de- Jared by the supreme court to be repre- eensible, as to the manner in which it vas done hut not sufficient to make sround for new trial
 Numerous other assignments of error were disposed of by the supreme court, which further stated that it is lawful to receive verdict in criminal case on Sunday
 Under this decision of the supreme court the three Rawlns will be re-sentenced to the gallows and the fourth one to the penitentiary. With an appeal to the Uni ted States supreme court in prospect and then the prison commission and the in-