The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-02-07
.WRAY TO HAVE
A NEW TRIAL
Novel Point Of Law
Involved.
NOT CONFRONTED BY WITNESS
Man I'll With Pneumonia Is Only a
Shadow"
supreme Court reverse. Lower Cours
--wray was Convicted Of Kill
Ing George Freera. At
Birminshsm.
NOT CONFRONTED BY WITNESS


Tho machinery Of the Alabama SUI
preme Court found itself heavily taxed
yesterday checking on the heavy out
put of that tribunal. which included no
less than thirty-three distinct decisions
and twenty-nine rulings on applica-
lions for rehearings On the same day
that this rush Of outgoing business
came the Supreme Court was busy all
of its allotted time in hearing submis-
sions OF cases from counties of the
Eighth Division.
While nothing OF Statewide Interest
IL to- be found in the cancellations of
yesterday. the lawyers of the State who
are Interested in the rules of evidence
carried to nice shadlngs can and food
for thought in the opinion rendered in
the case Of Richard Wray vs. the State
OF Alabama. This was appealed from
the Jefferson County Criminal Court.
Richard Wray had been sentenced by
the lower court for ten years on con-
viction Of shooting and killing George
Freeman at Birmingham. The issue
so far az the Supreme Court interested
itself. was whether one witness. c. NJ
Landsdowne, was too Ill to testify. He
was rolled into the room of the trial
court on a cot suffering from a desper-
ate attack of pneumonia. physician
witness, DIR. Paul Cooke, gave IL as his
opinion that IL Landsdowne underwent
examination by the attorneys he would
subject himself to an hemorrhage.
There was a sharp tilt between coun-
sci on both sides about the admissible
ity OF evidence given by man In such
condition. The court at first declined
to let the witness testify but finally al
lowed the States attorney to ask q
question on condition that the defense
would have an opportunity to cross
examine. The States attorney did ask
the question and the witness answered
1t. but the defense, being far-seeing,
che se not to ask any questions and en-
tered an exception.
Draws n Fine P0imt.
Passing on this point the Supreme
Court held that the lower court erred
for the reason that the defendant ts
privileged always to be confronted by
witnesses for State. On account OF the
circumstances of the case and the sur
roundings OF the court, the defendant.
Richard Wray, was not constructiveIy
confronted by the witnessA The Su.
preme Court, Associate Justice McClel-
Ian being author of the opinion, held
that the environment was such that the
Substance" of the right to be confront
ed by witnesses against him was re-
dIIced to q shadow" For this reason
the judgment Of the lower court was
new trial. And for the Immediate
present. thanks to the illness OF Lands
downe and the over-anxiety of the
State in the trial, Richard Wray win
be relieved from entering upon his ten
years term.
There were q few other criminal APP
peals decided yesterday by the SUI
preme Court. Thomas Lacey OF Gads-
den. who was sentenced to the peniten-
tiary for five years, for throwing q
deadly missile into the window Of q
passenger coach Of the Alabama Great
Southern Railroad at Alfalfa, will have
to begin his service unless there is
some Interference outside the courts.
The Judgment in his case was affirmed.
the appeal having been from the Gads-
den City Court.
The judgment of the st. Clair Cir
cult Court in the case Of Ed Osborn VS..
The state Of Alabama was reversed and
the case remanded to the lower court
for another trial. In this case Osborn
was indicted for staying Ewing Gra-