Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1913-06-04
Solicitor is Advised by Penn
sylvania Attorney That
Next Hearing is in Fall.

George Bell Zimmerman is justin
receipt of letter from the assist
aut district attorney, George A.
Welsh of Philadelphia, in reference
to the Joe Grant case, in which he
states that the Grant case will not
be heard in the circuit court of ap-
peals until next October. Joe Grant
is the negro who is wanted in EDGE
field county on the charge of muir
der, it being alleged that he shot
and killed J. T. burst, white man
at Johnston, on April IA, 1906.
Grant was located some months ago
in Harrisburg, Pa, by negro de-
tective, and the governor of South
Carolina issued requisition papers
upon the governor of Pennsylvania,
which papers were honored, despite
the efforts of the negro's lawyers,
who made ! desperate attempt to
hold up the requisition. Having lost
out before the governor, Grants at
torneys appealed and fought the
case in habeas corpus, the case hav-
ing already goue through several
courts. Grant has lost in every in
stance, the courts having upheld the
position of the state of South Coro-
lima, as presented by solicitor Tim
norman, who has made two trips
North in the interest of the state.
The assistant district attorney in
closed a copy of the assignments of
error, as set out by the lawyers rep
resenting the negro. The assign
ments embracing six exceptions, are
verv interesting indeed. In the ex-
ceptions, it will be seen that the ne
gro is using every means at his COM
mand to keep from being brought
back to face trial, an they are Civ
en- below in full:
lst. The learned court erred in
entering an order of dismissing the
writ of.habeas corpus and remanding
the r. 'ator to the custody Of the SUI
perintendent of thecounty prison at
.Phiiadelphia. '''
End. The learned court erred in
failing and refusing to discharge
the relator Frederick Brown from
custody on the grounds that he is
held for requisition contrary to the
act of congress in such case made
and provided, to wit, there being
no authenticated copy of an indict-
ment accompanying requisition
from the governor of South Carroll
ma.
Srd. The learned court erred in
failing and refusing to rule that the
requsition sent-out by the governor
of South Carolina was too irregular,
informal and insufficient for the
governor of Pennsylvania to issue
valid warrant for the return of
the relator to the state of South
Carolina.
4th. The learned court erred in
failing and refusing to discharge
the relator on the ground that he is
held on requisition, in violation of
the United States, for the capital
crime when it does not appear that
there has been a presentment or in
dictment of grand jury.
5th. The learned court erred in
failing and refusing to rule that if
the relator, a colorcd man, is return
ed to South Carolina upon charge
of shooting and killing J. T. burst,
a white man, the state of public
sentiment is such that the relator
will be deprived Of his life or liber.
ty without a due process of law, to
wit, lair and impartial trial.
9th. The learned court erred in
failing and refusing to rule that it
would be in violation to the consti-
tuition of the United States to re-
turn the relstor to a state, to wit,
South Carolina, when the governor
thereof, the Hon. Cole L. Blease,
has in public statements proclaimed
that he would deny to members of
the relator's race charged with an
infamous crime the equal protection
of the laws of said state of South
Carolina, to wit, sufficient police
protection to prevent his being
lynched; and in failing and refusing
to discharge the relator for the
foregoing reasons.
Solicitor Zimmerman stated to-
day that he would Immediately take
up the matter and would see if an
other date than the one set for the
hearing in October could be arrang-
ed. Il am going to keep in sbehind
the situation" said Mr.. Thinner
man and fight the case until Joe