Semi-weekly herald., 1912-11-25
T0HANG
AfTfRSFvfN
TRIALS
Negro viii Suffer Death
Pena|ty---In Prison
Eight Years

having been tried for murder sever
times, sentenced to death six times
and having spent nearly eight years
in prison pending his trials, Burrel
Oates, negro, will be hanged next
week at the Waxahatchie prison to
pay the penalty for the murder of Sol
Aronoff in Dallas on the night of Nov
20, 1904 This will bring to an end
the most remarkable case in the Grim
inal history of Texas and probably of
the whole United States. As an il
lustration of the possibilities offered
by the criminal court practice in vogue
in this country to delay the course of
justice by recourse to legal bubbles
over mere technicalities, the case has
probably no equal in American his
tory.
Sol Aronoff, the victim of the crime
and his wife kept small grocery
store near the railroad tracks in this
city. On the night of the murder
Burrell Oates, Holly Van and Frank
McCue, the latter two white men, en-
lcItu EtlOlDlI y SlOit anu Htlu up
the proprietor. While they were
robbing the man, Mrs. Aronofi
entered the store and fired at the
men. The robbers fired several shots
and one Of these killed Aronoff. A
few days after the murder the three
men were arrested and charged with
the murder of Aronoff. Van was con
vcted of murder and hanged for his
crime. McCue became states evidence
and escaped punishment.
Oates had no funds to employ ar
nttornrg T,,n,as court, the judge appoint,
cd A. S. Basket, a young 'u"!s
aoainst the latter's protests 70 'e ~
~ n,oro Ever Stree that time nas
lott has been in sole charge Oh w
defense and the fight he made io' III III
oI;o,,t has attracted wide Afternoon an
will 90 down in the history Oh 'il"
u.1 jurisprudence as one OF '"e '''':
ar,arlab,e examples of forensic sN'
and perseverance
The first trial of Oates resulted
his conviction and sentence ~
An appeal was taken to 'he eou,' a.
,,;,,inal apreals and the case was
n,,aaa for a new trial on Apfii
,nn5 on account Of an irregularity
drawing the names of jurors.
At ne second trial oates was as
Convicted and sentenced to de'
Ngaiu an appeal was taken anu
~ q 1906, the criminal court
appeals granted new 'riai ;st, 30
t,,a trial Judge had failed TO ihS''
u.o iurv in his charge that II the
Lot ber husband by mistake the !
WAS rot guilty of murder
oo++es was again tried and con
ed but on May 10, l'o'' Vee -
was reversed by the court Oh "
naI appeals on the grouhu Una,
,r;al iudge did not properly
,.dar in his charge to the JURY
,other trial the case again
before the court OF erii'''''a' ..
on lime %, 1909, and queS'i
80 tho legality of the appoihVh'
.,o trial Judge was the grour
t.;no aside the verdict and
,,dipg the case for new
The fifth trial of the case resu'
M verdict as to penalty o'e
ntard;ng out for life impriso
Ill the other demanded the
Ioralty foe,;ng
Owing to the strong feehhs
Oates in this county 'he "u'
considered it advisable to REM
to some place of safety FOR
he was kept in the Cleourne
w w. he was taken to the Ellis
iail in waxahatchie, where mt
awaiting his execution.
When the Oates case cam, ,
;ts sixth trial in this count
Robert b. Seay of the GRIMM"
can't of Dallas county, ae''as
own motion, transferred 'he
4 Ellis county. The sixth u
n rasulted in the convictioh VI
oner and a sentence Oh uea
more an appeal was laNe''
court of appeals granted
upon the ground that the
the jury did not specify 'av
murder of which Oates ha'
guilty. =,
The seventh and last u
took place in waxahachie'
Nov. A, 1911, in verdict
murder in the first degree
" u tence of death. A motor
W. hearing was refused by t
criminal appeals on Oct
present year and the date
cution of the sentence was
fsN week.
In the lower courts io'
two different counties =, n
=, tho trials and three uil