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confirmation and three for reversal meant that the three for reversal meant that the lower court should be upheld, as this the practice when there is a decision of this character.
Richardson’s appeal to the supreme court was made by R. W. Thompson, Jr., of the firm of Mize, Mize and Thompson, and Myron P. Nailing of the firm of Foster and Nailing, both of Gulfport. These two attorneys had been appointed by Judge W. A White to defend Richardson. A sensational court case followed the apprehension of Richardson here captured after a man search of 12 days. Richardson had shot and killed Dambrino and wounded Mark Oliver, Bay St. Louis chief of police in the city jail here when they went into the cell where Richardson was to obtain a key, it was said.
The attorneys for Richardson announced immediately following the receipt of the state supreme court decision that steps would be taken to again get the matter before the supreme court in an effort to prevent the hanging of Richardson, stating that they would file a suggestion of error. The law permits 15 days for this action.
Judge Etheridge wrote the dissenting opinion which was concurred in by Judges Griffith and Anderson.
“It was a reversible error for the court below to refuse to permit circumstances under which Richardson’s arrest was made to be shown in evidence,” Judge Etheridge said.
“The case should be remanded for a new trial in which facts bearing on the arrest and search should be fully inquired into’” he said.
Sea Coast Echo, April 19, 1929
RICHARDSON WILL HANG APRIL 26, SUGGESTION OF ERROR IS OVERRULED
Last Appeal to Supreme court Finds Three Judges, Ethridge, Griffith and Anderson of the Opinion that Decision of Court Was Final
Silas Richardson, Bay St. Louis negro found guilty of shooting and killing John Dambrino of Bay St. Louis and wounding Chief of Police Mark Oliver, in the city hall here in the summer, will hang April 26 in the local jail, the final appeal of attorneys for the convicted man having failed. After the negro was found guilty in circuit court here and sentenced to hang, his attorneys took the cast to the supreme court and a decision was handed down by that body a few weeks ago in which three judges, Griffith, Ethridge and Anderson, dissented and the decision of the circuit court was therefore upheld
The attorneys for Richardson filed with the fifteen days granted a suggestion of error. Monday a decision was handed down from the supreme court in which the suggestion of error was overruled, the same three judges dissenting in this decision as in the former decision.