LEONARD MUST RETURN HOME.

That is What Lawyer Cooper’s Latest Move Means. 

Governor Terrell Acknowledges Service of Citations, Leading to Indefinite Delay in Executing Court Sentences

Governor Terrell and Attorney General Hart have acknowledged the service of citations, which will carry the Rawlings murder cases to the Supreme Court of the United States under a writ of error signed Saturday by Chief Justice William H. Fish of the Supreme Court of Georgia. The governor and attorney general were personally served by Hon. John R. Cooper of Macon, lead counsel for the condemned prisoners.

One of the prisoners, Leonard—the youngest—has already been transferred to the penitentiary, according to a dispatch from Atlanta. Acknowledgment of these citations by the governor results in an indefinite stay of the executions of J.O. Rawlings and his sons, Milton and Jesse, all of whom were sentenced to hang in Valdosta on January 6. It also means Leonard, who was moved from the Lowndes County Jail to the penitentiary, will be returned to Valdosta. He will remain there until the highest court in the land makes a final decision on the case.

Governor Terrell is expected to issue a stay of execution that will remain in effect until Attorney Cooper’s constitutional argument is decided by the United States Supreme Court. After serving Governor Terrell with a copy of the citations, Attorney Cooper similarly notified the attorney general, the state’s counsel, to appear before the Supreme Court when the case is heard.

Attorney Cooper expressed confidence in the outcome of the case in the Supreme Court.
“It is my purpose to fight the Rawlings cases until I have exhausted every legal means,” he said. “I feel very much encouraged about the outlook. I am sure the boys will never hang, but I am not satisfied to have them serve life sentences in the penitentiary.”

The constitutional issue raised by Attorney Cooper concerns the jury list of Lowndes County. He claims that all professional men—lawyers, doctors, and ministers—are excluded from the list, which violates a provision of the federal Constitution. He raised this issue during the trial in the lower court and before the state Supreme Court, but it was overruled each time.

On Monday morning, Clerk O.C. Fuller of the United States Court signed the writ of error presented by Attorney Cooper, and the papers will be promptly forwarded to Washington.