The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1897-10-15
FURORE CREATED
IN POLICE COURT
Deputy Sheriff Marshall Misunderstood
Instructions
TRIED TO OPEN THE COURT
Judge FeaSin Entered an Objection and
He Retired.
CHIEF MCDONALD VAS AROUSED
Sheriff 0'Bren Says He Only Intends to Keep
Deputies in the Inferior Court to Take
Charge of Matters Pertain
ing to His Office.
CHIEF MCDONALD VAS AROUSED

very ludicrous incident came up in
police court yesterday, upon which has
been placed many constructions.
1t is the duty of Officer Gus Ehard to
call the court to order and act as baiIiff.
He was there yesterday to perform this
Junction, and a temporary furore was
created when Deputy Sheriff ]. B. Mar
Shall arose and in a perfectly earnest
way demanded the gathering to come to
order and inquired of the prisoners If
any desired to plead guilty.
This created great surprise, and Officer
EIlard applied ito Judge Feagin for in
structions, with the result that he CON-
hnued his duties and Deputy Marshall
retired.
1t transpired afterwards that all con-
cerned had been made the victims of a
mistake on the part of Clerk Mingsa and
Deputy Sheriff Marshall Mr.. Minges
thought that The deputy sheriff had
come to open the court and the alter
had so misconstrued his instructions.
Chief of Police Mcdonald was' among
the number to take the view that the
sheriff was trying to run things, and a
statement from him was published in
an afternoon paper, which is as follows
Sheriff O'Brien's gqeed for power must
be very great for him to undertake fore
dble possession of the inferior criminal
court IN the face of section 10 of the act
creating this court"
Sheriff O'BIden denied any attempt 20
take charge of and run affairs in the
police court. II know the raw," said he,
land under the law have no authority
for any such action. I simply intend to
liave deputy in the fntferfor criminal
court to take charge of all business per-
tanning to The sheriff's office. This ac-
tion was the outcome of a conference
with Judge Feagin, and to which he
readily acquieaced
''Mr. Marshhll simply misunderstood
the instructions given him by Deputy
Wannock, who told him to go to the
court and report to Judge Fea:. H. Clerk
Mingea thought he was to act as bailiff
and told him to open court.
Zone of the reasons for my sending
man to This court is to aid the grand
jury in making indictments. Judge Fea-
GIN only has final jurisdiction in mis-
demeanor cases. and many are tried in
which the accused arc bound over to
await the action of the grand jury.
have ms trucied the deputies to take q
skeleton of the evidence in such cases
tor the aid Of the grand jury.
Again, in some instances cases are
tried where the charge is petit larceny
when 1T should be grand larceny, and
my men are instructed to make a men,
orandum of all such cases. have put
NO such cons truction on the act creating
tho court as has been intimated."
Speakingabout tbs matter after court
adjourned Judge Feagin said: ut seems
to be the impression that friction exists
between the sheriffs Offices and the in
from the truth. / had conversation
with Sheriff OBrien regarding his s4nd-
ing down a deputy to the inferior court,
and I was fully aware of his intentions.
THE inferior court has the same juris-
diction as the justice courts and can
issue warrants on affidavits made before
the clerk. These deputies were appoint
ed simply to execute such warrants and
not in any way to take charge of the
court
"Mr Marshall called the court to Or
der, but he had evidently misunderstood
his duties. Officer Ellard asked me If
Mr.. Marshall was to have charge of tha
prisoners when brought into the court
room and I replied in the negative.
Sheriff O'Brien's action is perfectly qe-