Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1922-11-07
THRILLING With The LAW
Twice Sentenced Murderer Gets New
Trial.
HIGH COURT CHANGES PROCEDURE
Hereafter Court Must Consent to
Motion for New Trial on After Dis
coversd Evidence and it is Desired
That Appeals be Based on Merit.


1920 the supreme court of South
Carolina on Friday handed down de-
cision making drastic changes in the
procedure to be followed in capital
cases in the future, with a view to
preventing unnecessary delays in ex-
ecution.
The order provides that, after the
supreme court has once affirmed a
death sentence of the lower courts, the
defendant can not obtain the benefit
Of q motion for a new trial on the
ground of after discovered evidence,
the only course then open, except with
the consent of the state supreme court.
If there be no sitting of that court be-
tween the day of sentencing and the
date set for the electrocution, the de-
fendant must secure from the COVER
nor temporary reprieve to give him
opportunity to present his case to the
court. The granting of the reprieve is
optional with the, chief executive.
Heretofore, circuit judges have granted
a new trial on the ground of additional
evidence, after the supreme court had
sustained a sentence of death.
Twice Sentenced.
Hawkins was first sentenced to die
on October 1, 1920, by the court OF
general sessions at Greenville. His at
torneys served notice of an intent to
appeal, which action automatically
stayed the execution. The appeal was
argued in the fall of 1921 and was de-
cided against Hawkins. He was he
cided against Hawkins. He was re-
torneys then appeared before Circuit
Judge T. j. Mauldin and made mo-
ton for a new trial, on the ground of
newly discovered evidence. Judge
Maudin refused to grant the motion
saying he was without jurisdiction, as
the motion was made in chambers, but
granted a stay of execution. Hawkins
appealed from this order, but later
abandoned the appeal, and his attor-
neys appeared before Judge Mauldin
in open court, and there renewed mo-
ton for a new trial. This time, it was
granted. The state Of South Carolina
appealed from this decision, and it was
this appeal which was decided Friday
by the supreme court.
Hawkins, according to the opinion,
killed Josey Craig on July 5, 1920, and
on July 8, of the same year killed Will
liam Morgan for whose death he was
tried. It then rccites the history of
the legal proceedings in the case and
saying that it is called upon to review
not only the decision of Judge Mauldin
in granting a new trial, but to an
nounce what the law is and what the
practice should be when a party wishes
to apply for new trial on the ground
Of after discovered evidence after the
case has been appealed to the supreme
court, the appeal decided and the re-
mittur sent down.
Future Practice.
"In making the announcement of
what will hereafter be the practice"
says the opinion, which is more than
5000 words in length, whether it in
wolves the overrulng of other cases or
not we should have a three-fold pur-
pose in mind:
First: To formulate a practice
that is based on sound principles and
not one that is based upon the arbi-
trary assumption Of power.
Second: To formulate a policy that
will preserve the rights of the indi-
vidual citizens.
Third To formulate a policy to
protect the interests of the state-not
such a policy as may be used by the
designing to block the processes Of the
courts by an endless chain of motions
and appeals"
The court then proceeds to elucidate
its future procedure, reviewing a num-
Der of opinions especially the cases OF
State VS.. Lee and those following it
which it declares should be overruled.
1t says that the weight of authority is
that circuit courts are without juris-
diction to entertain motions for new
trials when cases have been appealed
to the supreme court and in cOnclud-
ing its long opinion outlines its future
course of procedure.
Stating that it is acting in the in
terest Of certainty and information of
the profession the court adds that
when it is desired to axe a motion
for a new trial on after covered evil
dence in a case in which the circuit
court has not been deprived of its
jurisdiction by appeal or otherwise, the
motion should be made before the cir
cult court or judge.
IF the case is pending in the SUI
preme court a motion should be made
before that court to suspend the APP
peal in order that the motion for a
new trial may be made before the cir
cult court or judge.
Get Courts Consent.
IF the appeal has been concluded
and the remittur has been sent down
motion should be made in the su-
premc court and not elsewhere for the