The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-07
NE WEVIDENCE IN
CRIMINAL CASES.
Important Bill Before Judiciary Com.
mittee of HOuSe-UnfavOPabie Re-
port on Conceal Weapons
Measure.

The Judiciary Committee Of the
House met in the Supreme Court IL
brary Yesterday afternoon, Chairman
L. B. Winborne presiding. The COM
mittee did little except discuss, several
bills informally without reporting
them and sending back to the proper
committees several measures which
had been improperly referred to it.
One bill, that which was introduced
by Representative Koonce. to make
the carrying of concealed weapons a
felony. will be reported uufavorably
ly the committee this morning.
Two bills which were introduced in
60 the House by ex-Judge Winborne.
the chairman of the committee, are OF
general Importance. These measures
are one to provide relief in cases
where restraining orders are granted
by judges without notice. and the other
bill which gives the right III crini-
nal cases, upon the discovery OF new
evidence after conviction, of petition
for a new trial.
The two bills were discussed infor-
mally and report will not be made
upon them until after several days.
The bill as to restraining orders is
intended to cure certain practical dis
advantages and injustices which some
times follow from section 346 Of the
Code. Under that section, when Il re-
straining order is granted without no
tice, and is made returnable before
Il judge of a certain district, the mo-
tion of the defendant must lie made
on ten days notice and cali be heard
only by the judge before who the or
der is made returnabe. and then only
In the limits of the district In sCme
instances. when the judge is in a dis
tant part of the State. this order nas
worked severe hardship as ii has some
times happened that the motion or a
defendant could not be heard for
months after his property hal been
taken from under his control. Judge
Winborne's bill provided among other
things that when n restraining order
has been made without notice, defend
ant can dispense with notice in making
his motion IN the cause: md that.
when the judge before whom the or
der is made returnahle is Tot available
the injured party may apply for relief
before the judge of any one Of the ad-
jacent districts to that in which the
order is made returnable.
The other bill as to the right of pc
tition for a new trial for newly dis
covered evidence seeks 10 put criminal
cases on the same footing i'm this re-
spect as civil actions. AS the law is
now settled by the supreme Court, a
suitor in the matter of damages for the
death Of a bull-yearling may discover
additional evident after Judgment and
apply to the court for a new trial OF
the cause on that ground: while mafi
sentenced to death by mistake or by
reason of evidence which die not come
to light during his trial has only the
recourse to the clemency of the Gov
ernor in the exercise of the pardoning
power. The procedure laid down in
which is followed in civil cases when
additional facts come to light after
Judgment.
AS will be remembered, it was only
year or so age that the counsel o.
the man Council who was hanged for
criminal assault in Cumberland coun-
ty made a determined but Intellectual
effort to secure q decision from the
supreme Court granting this right in
criminal cases. The court held in line
with former decisions. to the effect
that there could be no new trial on the
ground of evidence discovered after
conviction. Governor Ayc0ck was 9p-
pealed to hut refused to interfere and
the man was hanged when there Vas
evidence available which, while not
conclusive, was strongly III his favor.
Il was in the Council case that Justice
Douglass wrote a dissenting opinion OF
much force of feeling and great power
of rhetoric, i'm which he assailed the
principle of refusing to one whose life
was at stake q remedy which was
granted in the case of endangered
rSJ,C r.ie, I1t