The Montgomery advertiser., 1901-07-07

that in trials for rape the court room shall be cleared of all persons not in terested in the case. He said hS pur- pose was to relieve women from the ordeal of testifying before a morbid . h. Hendment was tabled. ayes s7.
 Mixer of Madison. introduced an ent to strike out the c.aus e tha1 plication for a change of venu4 /eard without the plersence of the {sndant, and addressed the
 Mir. Fitts of Tuscaloosa, argued against the amendment.
 Judge Coleman submitted an amend ment to the amendment that in such cases the defendant must be in jail or other place of custody.
 The amendment to the amendment was adopted.
 MT. Waddell of Russell, offered an amendment to the Section providing that husband and wife may testify against each other in cases cf infs nti- eide. The amendment was tabled.
 The section as amended was then adopted.
 Section, g. which the committee had changed So as to strike out the named misdemeanors and insert the words '.in cases of misdemeanors," was then read, and Governor Oates offered an amend ment by ordering courts to order a prosecution where a grand jury fails to indict.
 The Oates Amendment.
 The amendment precipitated . lengthy debate. Governor Oates de- clared that 1t has reached the point in Alabama where. if a man has money or influence, he is safe against indict- ment. He said 1t was unfortunate. but a fact that grand jurors in Alabama had. been bribed and cited instances. He believed that judges could be trust ed by the people.
 MT. Bulger of Tallapoosa opposed the amendment as against the time -honor- ed principles of American government.
 MT. Jenkins of Wilcox spoke in fla vor of the Oates amendment. He de- clared that there was not a white man in the black belt who did not feel that he could commit murder and escape punishment. Some higher court than a grand jnry should be invoked. He severely arraigned the grand jury sys- tenn of his section, and said that jurors had been terrorized from returning in dictments.
 Judge Coleman of Greene gave it as his experience that 1t would be unwise to give a judge the power to institue a prosecution.
 The amendment was. on the motion of MT. Pettus of Limestone. tabled; ayes. Il: nays, A.
 An amendment by Governor Jones. regulating the punishment of military offenses, where soldiers are not In ac- tual service, was accepted by the Con- vention.
 MT. Ferguson of Jefferson presented an amendment to include cases of grand larceny and addressed the Convention.
 On motion of General Jones Of Will COX, the amendment was tabled.
 An amendment by MT. O'Neal of Lauderdale to add Circuit and City Courts to the section was tabled.
 The section as amended was then
 section 10, permitting judge to dis charge jury which fails to agree, was adopted. t-
 Section Ii. which makes no change in the old constiaut,on was S adop'eo
 Section 12 providing that the right Of trial by jury shall remain inviolate pro- voked considerable discussion.
 S. son of Washington and Cornwel Of Jefferson. had submitted minority re- port providing that three-fourths of a jury may return a verdict in CIVIL actions.
 MT. Blackwell addressed the Conven- ton. He said the tendency to mistri- als by juries is growing. It Is only necessary to subsidize one juror to de- feat the end of justice.
 MT. Beddow of Jefferson. also sup ported the minority report. He said the State is progressing. along all lines except in it's jury system. an amendment providing for five-sixths of a jury to return a verdict
 On motion of MT. Barefield of Mon roe. the Grayson amendment was ta- bled.
 The question was upon tabling the minority report which seeks to reduce a verdict of a jury to majority of nine in civil suits.
 MT. Blackwell of Morgan, called for the ayes and nays and the call was sustained.
 By a tie vote of 43 to 43 the motion to table was lost.
 Governor Jones announced that he was paired with MT. Smith of Mobile. He said if MT. Smith was present he would vote aye and he Governor Jones) would vote no. Mir Wilson of Clarke, announced that he was paired with MT. Pillans of Mobile. He said if MT. Pill lans were present he would vote no and he (Mr Wilson, would vote aye.
 The question recurred upon the adop- tion of the minority report and MT. Sanders oG Limestone. saying that the question was too important to consid- CT with such a bare attendance moved to adjourn.
 The motion to adjourn was adopted.
 The proceedings yesterday were full of interest The official report Is pub lished elsewhere in The Advertiser.