The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-03-09
THE HUNTER CASE.
Remitt1tur Stayed Pending Appeal to
Supreme Court Of the United
States.

ed the remittitur in the case of the
State V. G. Wash Hunter, recently af-
firmed by the supreme court, for thir-
ty days, upon petition of the defend
amt, in order to give tinle to perfect
an appeal in the case to the supreme
court Of the United States. Hunter,
who was charged with murder in the
killing of Ebert F. Copeland, in
Laurers county, was tried four times
in Laurens, after which the venue
was changed to Greenwood, where III
February of last year he was convict
ed of manslaughter and sentenced to
serve eight years on the public works
or in the State penitentiary. In his
appeal to the supreme court it was
contended, among other things, that
the constitution of the United States
gave him the right to be tried in the
county where the alleged offence was
committed. Other constitutional
questions were raised. The exceptions
were overruled, however, and the case
was recently affirmed.
Hunters attorneys went before
Chief Justice Pope upon a petition
setting forth that in their appeal the
constitution and laws of the United
States were drawn in question, and
that the petitioner was desirous Of
having these questions passed upon
by the supreme court Of the United
States. The petition prayed that the
remittitur be stayed to give defend
ant time to perfect his appeal.
Following is the order Of Chief
Justice Pope staying the remittitur:
Order of Chief Justice.
Whereas, on the 23rd day Of Feb
ruary, 1909, final Judgment. was
rendered by this court, affirming the
Judgment of the circuit court in the
above entitled action;
And whereas, it appears that in
rendering the said Judgment rights
or authorities exercised under the
constitution and laws of the United
States were drawn in question, to-
wit: (a) The right of the defendant
appellant ito be tried in the county
where the alleged ofense was commit
ted and a right to trial by jury in
the county wherein the alleged crime
was committed, rights which are
guaranteed to the defendant under
Article VI of the amendments to the
constitution of the United States; (b)
The right of the defendant-appelIant
not TO- be required to answer for a
capital, or other infamous crime, ex-
cept upon "a presentment or lndlct-
ment of a grand jury, a right guaran-
teed to the defendant-appellant under
Article V of the amendments to the
constitution of the UNITED State; (c)
The right of the defendant that he
shall not suffer involuntary servitude
except as punishment for a crime
whereof the party shall have been
duly convicted, and that he shall not
be deprived of his liberty without due
process of law, and that he shall have
the equal protection Of the Law, rights
guaranteed to him under Article XIII
and XIV of the amendments to the
constitution of the United States;
And whereas, it is claimed that said
Judgment of, this court denied the
said rights or authorities claimed un-
der the constitution and laws of. the
United States;
Therefore, in order that the defend
ant-appelDant may have the questions
passed upon by the supreme court Of
the United States, and on motion Of
Richey & Richey and Cole. L. Blease,
attorneys for the defendant-appei-
liant;
It is ordered, That the remittitur
therein be stayed until thirty days
from THE date hereof so that the de-
neutrality-suspicious. may perfect his ap-
peal to said court.
Y. ]. Pope,
Chief Justice of the Supreme Court
Of the State of South Carolina.
At Chambers, Newberry, S. c.,
March 3, 1909.
Following is the petition upon
which the order was granted:
The Petition.
To the Honorable Chief Justice O..
tire Supreme Court Of the State Of
Sn,Sth Carolina:
The petition of G. Wash Hunter,
tho dofc,,d a Mt anneiIant IN thn above