Birmingham age-herald., 1895-06-23
VERY EMPHATIC
Was Judge Feagin in Issuing an Order as to
Allowing Attorneys Access to Prison.
ers-No Suspicion Gees.

An interesting episode took place in the
court room of the inferior court yester-
day morning, which called forth from
Judge F'eagin the following dramatic
exclamation: This is not Russia, nor
are We in the days of star chamber pro-
ceedings; neither are We in the days Of
the inquistion, when witnesses were tor
tured to compel them to confess their
crimes. Attorneys" continued the judge,
ARE officers of the state and they have a
right to free ngress and egress to their
clients at all times, while they are con-
fined in jail. and they must not be him
dered from this privilege"
The occasion of the above emphatic re-
marks by Judge feagin was called forth
by the demand of ]. l.. Meade, Esq, who
stated to the judge that he desired to see
client of his who was in duress and was
refused admission to the jail by the war
den, who stated that he had orders from
Chief Mcdonald to allow no one, attor-
neys or others, to see any one while in
jail without permission from him.
As soon as this order was promulgated,
about two weeks ago, the attorneys be-
gan to object to it's enforcement. but the
warden, acting under instruction. from
The chief, refused To allow any one to
enter the prison. The attorneys blde
of affairs in the criminal court, and yes
terday morning when Mr. Meade, who
was sent for by y. E. Reese, charged
with grand larceny, went to the prison
he was refused admittance. Mr.. Meade
was told that Chief Mcdonald was at the
court house. He went there and failed
to find him, and then going before judge
Feagin while the court was still in ses-
sion asked the judge that this order of
Chief Mcdonald, which Mr.. Meade
termed as Outrageous" be done away
with by the Judge and which called
forth the emphatic remarks quoted
above.
The beginning of this affair was about
two weeks ago, when Walter Johnson
was brought back from Uniontown on
the charge of horse stealing. Mr.. Meade
was sent for, and, as had been the GUS
tom, went in with the night warden.
Mr.. Cunningham was standing in the
door talking to some one. Mr.. Meade
was in conversation with Johnson, VIII n
Chief Mcdonald stepped up to johnson
and began to question him for the pur-
pose. evidently, of obtaining eliminating
evidence against him. Mr. Meade, as
Johnson's attorney advised him not to
talk, whereupon Chief Mcdonald gave
orders that no one be hereafter allowed
to see the prisoners without his order.
Chief Mcdonald was not i'll the court
room when Judge Feagin gave his orders,
and he stated that he would instruct the
chief that he allow attorneys to come and
go to their clients as they chose.
Mr.. Meade stated to an Age-Herald
reporter that he knew the order as given
by Chief Mcdonald would not stand the
test of law, but commended Mr.. Dono-
van, the warden. for 50 implicitly obeying
the chiefs orders
In this connection Judge Feagin,
while commencing the zeal and efforts
made by the police in unearthing crime,
stated to them that the general charge
of suspicion" heretofore attached to an
arrest, would not hold good in law, rs
the docket must show upon what grounds
of suspicion one is arrested. so as to be
prepared to meet the charge when con-
fronted.
officer Bodiker stated to the judge that
when working up a case the party sus-
pected was arrested and the charge of
suspicion placed opposite their names
so as to enable the officers to get the
evidence to convict. Judge Feagin re-
piled that while that was often
necessary, yet the law would not bear
them out on such a charge, as the law
intended at all times to give the accused
party the opportunity to controvert the
charge upon which they were arrested
These new orders may cause considera-
BILE trouble to the police, but Judge Fea-
gin seems determined to rule strictly
according to law, and the police will have
to govern themselves accordingly.