The Birmingham age-herald., 1909-11-22
VERY PECULIAR
 LEGAL QUESTION
Convict Tried for Murder App
 peals to Supreme Court
OLD SLAVE LAW INVOLVED
Negro Convict Kills a Prison Mate and Judge Refused to Make Charqe of Voluntary Mansaughter
 In Case.

Alidnta, November 2l.-(Spec1al)-An ln- teresting question now confronts the state supreme court in a murder case from lift county, pending for decision, namely: Is it possible under the law for a con yict to be guilty of the crime of volun- tary manslaughter?
 AS strange as the question may seem, it was decided in lift superior court that convict could not be guilty of that grade of homicide; if he kills, he must either be guilty of murder or the homicide must be justihable.
 The question goes back to the old slave law A slave might kill an over seer or foreman to save his own life, and be justified. If he killed under any other circumstances. no matter how great the aggravation, he was guilty of murder. ? There was no middle degree
 Does the slave law of 50 years ago apply to the convict of today?
 That is the pretty legal question in volved in the case of Cleveland Vest brook convicted in lift superior court of murder and sentenced to be hanged.
 Westbrook was convict, chained at | night to his fellow convicts in the stock ade sleeping quarters. One night some of the convicts who were restless began skipping one another in a teasing, ban tering way. when the guard was awak- ened and became angry. He got up and picked out westbrook and said he in tended to whip him. The negro replied 1 that he had taken no part in the noise- making and. had done nothing for which to be whipped. The guard replied that | that made no difference; that he pro- 1 posed to whip him anyhow. This angered l Westbrook who drew a knife with which l to defend himself against what he con i sidered an unjust whipping. Just then one of the convicts tugged at the chain and Westbrook struck back of him with the knife, infiicting mortal wound upon a fellow convict, and the latter's death soon followed
 Westbrook set up in his defense that he had done nothing to merit whipping. and did not propose to take 1t unjustly that angered by the guard s injustice ! he had only sought to defend himself The court refused the defendants re- quest to charge the law of voluntary manslaughter leaving the jury no alter native but to find him guilty of murder or of justifiable homicide. Under the circumstances the verdict, of course, was murder and the sentence death. l The courts refusal to charge the law of voluntary mansaughter is Westbrook' s chief ground of motion for new trial. | The refusal to thus charge the jury was ] paramount to assertion that a convict, as was the case with the slave, is not | considered to have and has no right to exercise the same emotions and passions as free men.
 In other words. no matter how great ipSt, srU Nrat cd the convict is not permitted to offer in | palliation of a homicidal act the fact of sudden anger or heat of passion; he may protect his life, but not his body or limb.
 It made no difference in slavery days how inexcusable or brutally unjust the whipping, the slave could not defend him self by attack upon the oyerseer.
 Does the same law apply today to Georgia convicts or may they, like other men, have passions subject to be aroused by brutal overbearing or inhuman treat ment?
 It is an interesting question that con- fronts the court ard the solution of 1t will shortly be forthcoming in decision which, upon that point ar least, must stand as precedent
 | Anti-Hookworm Meeting.
 The Atlanta chamber of commerce. which took up the war against the hook worm disease shortly before John D. Rockefeller gave a million dollars to help eradicate the pesky bug has fixed the date for its anti-hookworm conven- tion to be held in Atlanta, January 18-19.
 The chamber has sent out invitations 10 other trade bodies and has also urged MT Rockefeller and the commission which he has named to spend his gift fund, to be present on this occasion.
 In a letter received from the chairman of the commission it was stated that surely some and possibly all, of its members would be here. MT. Rockefeller, however, declined the invitation on ac- count of the illness of his wife. Never theless, he conveyed his cordial congrat- ulations to the chamber for it's enter prise, and energy in this direction, and expressed hope of it's abundant success.
 In addition to other southern trade bodies. insurance companies and medical practitioners who are interested in this work will be urged to attend the con vention. Already several insurance com- panies, among them some of the most prominent, have signif1ed intention oi having representatives here.
 The Georgia state board of health will cooperate with the chamber in arranging for and in the conduct of this conven- tion.
 Defense Against Charges. Indications are that the result of the recent legislative investigation of the state sanitarium will be quite favorable to that institution.
 The committees report to the legis lature 1t is said, will tend to show that whatever deficiencies there are abou : the institution are more due to failure of the legislature to make adequate pro vision for it in appropriations than tr : careless or bad management. ! his is the claim that was made by the sanitarium officials when the charges which resulted in the legislative inves : tigation were first made public. Just give us sufficient funds" the, said. "and the evils complained of vii : Be eliminated"
 , Judge F. M. Longley of LaGrange , state senator and a member of the in 3 | vestigating committee, passing througl Atlanta on his way home from Mil l ledgeville, said:
 3 My personal opinion is that the Geor 3 gia state sanitarium is run as careful, . and as humanely as any similar institu
 tion in this country.
 '"The state has been niggardly In it ! treatment of this institution, and unde adverse circumstances the trustees am 1 officials have managed exceedingly well ', There have been some minor abuses a there are bound to be in any institution <.x.tf tftr<YA a n