The age-herald., 1897-09-10
REGISTRARS DISCHARG [ J.
 - Woods and Leader, Alleged Issu- CTS of Bogus Certificates, NOT CRIMlNALLY GUILTY
Was Judge Sharpe's tioldng-The Issuance of Fraudulent Certificates an 0ffense Against
 Common Law, But Not Criminal.

charged wish issuing fraudulent cer- tifieates to voters. were discharged by Judge A. s. Shrape yesterday after noon. The men had instituted habeas corpus proceedings in an effort to ss- cure final discharge. On this account they refused ito make bond and re- mainsd in the county jail for several days.
 The case was called for trial Tuesday, but continued until yesterday. The morn- ing session was taken up in hearing tes- timony. The main witness in the case was J. c. Wilson. an extra policemen of Ressemer. He testified that he had secured the extra or bogus registration certificates from E. E. Davenport, the publisher of the Besesmer Journal. Mr Davenport had printed the regular cer- tiffcates for the city clerk. MT. Wood said he had them printed for the purpose of selling them to the democratic buy CTS, who were purchasing all they could find It was a scheme of his own, but he had talked the matter over with Mayor McEniry and others. They did not disapprove of the matter, and he proceeded to have them printed. Said he did not know who was going to sign the certificates Thought the names of the registrars would have to be on the certificates or they could not be sold. Said he did not sign any of the certifi- cates and did not see any one else sign them. The idea was not to violate the law. No cne was to have been regis tered who was not entitled to that priv ilege. The blanks were for the purpose of supplying any one who desired to have them. It was his purpose to pre- the blanks printed.
 MT. Davenport said he had printed the certificates on the order of MT. Wilson. The latter did not say what he was go- them, though he may have done so aft erwards.
 E. A. Little testified as to the sigma lures on the certificates He said he was familiar with the signature of MT Wood. He thought those on the alleged bogus certificates were in his own hand writing. He believed the certificates had been issued by the defendants. Conn pared a genuine certificate and one of the alleged bogus ones. Explained the difference in them.
 P. T. Tolliver. a negro, testified that Justice Jackson had paid him 8 for three certificates. MT. Jackson admitted this. He said the negro offered him nine or ten certificates. but he only took three. It was on these three that the warrants were issued. MT. Jackson is sued the warrants. The certificates were signed by Messrs. Leader and Wood.
 The registration books were offered as evidence. The prosecution showed that the books had not been made out until Sept. G. and that the warrants were issued on the 2d. MT. McEniry said he did not know that Wilson was having the certificates printed and circu ated.
 At this point the evidence was all in and the court was adjourned until ? o'clock in the afternoon. When court re-
 
 arguments. The court room was well filled with people from Bessemer all day. Solicitor Ferguson opened the ar gument for the prosecution. He was as- sisted by Hon. l.. Y Lipscomb. of Bekse- mer James Trotter, of Bessemer. and G. R. Harsh of this city, made the ar gume nts for the defendants. During the trial they were assisted by William oJ,ai irr,,ra of "a ranJth1ioa n state executive committee, and MT. Me Crary, of Bessemer
 Judge Sharpe said he would discharge the defendants. The Bessemer republi- cans were jubilant at the outcome of the trial. Tt was said that about 400 of the alleged bogus certificates had been print ed for the Second, Third and Fourth wards. and 300 for the First ward. Only five cases were made against MT. Leader and three against MT. Wo-d.
 The following is Judge sharpe's find- ing in full
 The defendants are charged with issu- ing to third persons certificates of regis tration of electors to whom they had previously issued original and proper certificates. The legal duty of the reg- istrar in respect to issuing certificates of registration is exhausted when he has issued one such certificate in the manner and under the regulations pre- scribed by law.
 The issuance of other certificates thereafter in the name of the same per son is extra official, being in excess of any duty required by the statute, and as question of official propriety cannot I be defended, for the reason that they may be used for some illegal purpose. such as assisting che to vote who is not entitled to do so. If done for such l purpose and used with such effect their | issuance would undoubtedly be a viola | ton of the criminal law But to con- Stitute the mere issuance of such cer- 1 tificate an offense against the criminal l law some statutory prohibition and pen- l alty is necessary, since no such crime | was known to the common law.
 Whether the statute governing e1ec- | items in Bessener makes criminal the | act of assisting another to vote or reg | ister when not entitled to do so, it can 1 not be held that such statute Is violated I by the mere issuance of such certificates | when the name of the yo;er was regis | tered properly and only once. The cer- IL l.xI