RAWLINGS CASE TO COME UP.
It Will Be Heard in Highest Court Next Monday.
Attorney General Hart and Mr. Cooper to leave the latter part of the week for Washington to appear before the United States Supreme Court.
(From Thursday’s Daily)
The Rawlings case is to be argued before the United States Supreme Court in Washington City next Monday. Solicitor Thomas may go there with Attorney General Hart and Mr. Cooper, but this is not certain. The following is regarding the case, as sent out from Atlanta to the state press yesterday:
“The appeal of J.G. Rawlings and his two sons, who are under sentence of death in Lowndes County for the murder of the Carter children, to the Supreme Court of the United States will be argued before that tribunal on Monday next.
“Attorney General John C. Hart is preparing to leave the city for Washington the latter part of the week for the purpose of representing the state in this argument, while the defendants will be represented by Attorney John R. Cooper, of Macon.
On account of its importance, this case has already been advanced on the Supreme Court docket, this step being taken at the state’s request. Attorney Cooper is basing the appeal on behalf of his clients, practically altogether on the ground that the laws regarding trial by jury were not conformed to in the trial of J.G. Rawlings and his sons. It is claimed that the names of all citizens who are not by law exempted from services on juries should be placed in the jury boxes. On this ground, it is charged that the action of the jury commissioners in leaving out of the jury boxes the names of lawyers, doctors, and other professional men is violative of the letter and spirit of the Constitution, which guarantees every man the right of trial by a jury of his peers.
“Should the Supreme Court take this view of the case, it would, of course, delay the ultimate result, as there would have to be another trial. It would also upset practically all of the courts of the state, because it is generally known that in not a single jury box do the names of the classes referred to appear. At least, only in one or two instances. This hearing before the Supreme Court of the United States is therefore one of no little importance to the entire state, involving, as it does, a fundamental question.”