Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-11-24
Burrell Oats to Pay Penalty
at Waxa h ACHE
This Week

in the criminal court history of Tex
as and probably of the whole United
States. AS an illustration of the pos
sibilities offered by the criminal
court practice In vogue In this coun-
try, to delay the course OF justice by
recourse TO legal bubbles over tech
nicalities. the case has probobly no
equal in American court history.
Sol Anonoff. the victim OF the
crime. and his wife kept small gro
Gerry 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, entered Anonoff's store and
held up the proprietor While they
were robbing the man, Mrs. Anonof:
entered the store and fired ~ the
men The robbers fired several shots
and one OF these killed Aronofi. A
few days after the murder the three
men were a rested and charged with
the murder OF AnonorN \ann was
convicted OF murder and hanged for
his crime. McCue became states evil
'dence and escaped punishment.
Ootes had no funds TO employ an
attorney and when his trial came up
In the Dallas court, the judge APP
pointed a. S Basket, young law
yer against the latter's protests. to
defend the negro. Ever since that
time Basket has been In sole charge
of the defense and the fight he made
for his client has attracted wide at
tention and vii go down in the his
tory of criminal Jurisprudence as
one OF IN most remarkable examples
OF forensic skill and perseverance
The first trial of Oates resulted In
his conviction and sentence to death.
An appeal was taken to the Court of
Criminal Appeals and the case was
remanded for n new trial on April
-, 1905, on account OF an irregu-
larity in drawing the names OF ju-
rors
At the second trial Oates was
again convicted and sentenced TO
death. Again an appeal WIS taken
and on May 3. 1906 the Criminal
Court of Appeals granted a new trial
because the Judge had failed to in
struct the jury in his charge that II
the wife shot her husband by mis-
take the prisoner was not guilty of
murder.
Oates was again tried and convict
ed, but on May Is, 1907. the case
was reversed by the Court of Grim
inal Appeals on the ground that the
trial judge did not properly define
murder in charge TO the jury AZ
ter another trial the case again
came before the Cour, of Criminal
Apneals on June %, 1909. ana a
question as to the legality of the APP
pointment OF the trial Judge was the
ground for setting aside the verdict
and again remanding the case for n
new trial. The fifth trial OF the
case resulted in no verdict as to pen
atty one juror sf1ndlng out for life
Imprisonment while the others de-
manded the death penalty.
Owing to the strong feeling against
Oates in this county the authorities
considered II advisable to remove
him 10 some place OF safety. For a
time he was kept In the Cleburne
jail and then he was taken to the
Ellis County Jail In Waxahachie,
where he is now awaiting his execu-
ton.
When the Oates case cmae up for
It's sixth trial in this county. Judge
Robert -. Seay OF the Criminal Dis
trict Court OF Dallas County. acting
upon his own motion. transferred "a
case IN Ellis County. The sixth trial
again resulted in the conviction oil
the prisoner and a sentence to death
Once more an appeal wa staken and
the Court OF Appeals granted n new
trial upon the ground that the yer.
dict OF the jury did not specify the
degree OF murder OF which Oates
had been found guilty.
The seventh and last trial, which
took place IN WaxahachIe. resultde
on November {. 1911, In verdict
Of guilty OF murder In the first de-
gree and sentence 10 death.
motion for rehearing was refuse,
by the Court OF Criminal Appeals
on October i6. OF the present yea
and the date OF the execution OF IN,
sentence was set for next week. II
the lower courts four Judges. in TIVE
different counties have presided a
the trials and three different. Count,
Attorneys with their assistants hay,
acted as prosecutors. The prisone
himself. became 30 tired OF the ever
lasting delays that during the pas
two fears he repeatedly begged 4