The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-10-03
COURT SAT EN- BANG.
TO HEAR FAMOUS ADAMS CASE
FROM COLLETCN.
There Were Thirteen Judges Who
Considered the Case and Eight Op.
posed New Trial.

Columbia Sept. 2s.-R. Allie Ad-
ans will be hanged for the murder Of
!5enry Jacques near Cottageville, in
February, 1902. The Supreme en-
banc decided against him yesterday.
Adams was convicted before Judge
Ernest Gary and was sentenced to be
hanged. He escaped from jail, and
was reca p.ured. An appeal then was
taken to the Supreme Court and Ad-
ans lost.
Subsequently a motion for new
trial was made. before Judge D. A.
Townsend and he granted it on the
ground Of after discovered evidence.
This action of Judge Townsend was
overruled by the Supreme Court. Ad-
ans attorneys then moved in the Su-
preme Court for leave to mae a mo-
ton in the Circuit Court for a new
trial. The court was evidently di-
vided, two favoring a new trial and
two being opposed to it.
Therefore sitting Of the court en-
banc was ordered. All Of the Supreme
Court justices and nine Of the Circuit
judges responded. Judge Ernest Cary
the only remaining Circuit judge,
could not sit as he had presided over
the trial. Judge Townsend, who had
granted new trial, is now off the
bench.
After hearing the argument Of Mr..
w. B. Gruber and Col. Robert AID
rich for Adams, and Of Mr. ]. E.
Peurifoy and Solicitors James E. Da-
Wis and W. st. Julien Jevey for the
State, the court decided against the
motion. Mr.. Davis is the solicitor who
prosecuted Adams The circuits have
been rearranged since that time.
It was an impressive sight. this sit
ting of the court en- banc. The four
Supreme Court Justices sat upon the
dais and the Circuit Court judges
within the enclosure just below. The
arguments of the lawyers were good,
unusually good The point Of law was
whether or not the court would upon
the "after discovered evidence testi-
mony, which one Mrs. Adams would
relate, grant the prisoners motion.
She is blood relative Of the deceased
and claims that at the trial she was
coerced into testifying falsely against
Allie Adams. The argument was
made in reply that her evidence did
not add to or detract from the weight
of testimony againsa Adams at the
trial and that there is as much right
to suspect that she would testify
falsely now to save her brother-in-law
as she would have done then.
Following is the official order Of the
court in this case now SO celebrated:
The Final Order.
been duly assembled to consider the
motion made in this case for an order
permitting defendant to move the cir
cult court for a new trial on after
discovered evidence, and having read
the afidavits submitted and argument
Of counsel:
It is ordered and adjudged that the
motion be refused and that the case
be remanded to the circuia court for
the purpose of fixing a new day for
the execution of the sentence and
Judgment of the Circuit Court which
has been affirmed by the Supreme
Court.
It is further ordered that the order
staying the remittitur herein hereto
fore granted be and is hereby revoked
and that the remittitur be sent down
forthwith.
Ira d. Jones, A. j.
C. A. Woods, A. j.
Geo. w. Gage, Circui Judge.
Chas &c. Dantzler, Circuit Judge.
R. o. Purdy, Circuit Judge.
Geo. E. Prince, Circuit Judge.
r. W. Memmingers Circuit Judge.
D. E. Hydrick, Circuit Judge.
We dissent:
Y. ]. Pope, Chief Justice.
Eugene G. Gary, A. j.
James Aldrich, Circuit Judge.
r.. c.. Watts, Circuit Judge.
J. C. Klugh, Circuit Judge.
ENn on RACK STAMPING