The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-11-18
DECISION IN
jacob CASE
Must Now Begin Serving
Sentence.
SUPREME COURTS ACTION
Has No Jurisdiction In the
Matter.
Case Of Giles Against the Board Of
Registrars Advanced at the Re-
quest Of the Attorney
for the Negro.

washington, Nov. T.-(Special.) -San-
ford Jacob Of Montgomery. convicted in
that city some months ago Of attempted
criminal assault upon young woman,
will have now to begin his twenty years
service in the penitentiary to which he
was condemned.
The Supreme Court of tho United
States today denied the writ Of error
sought by jacob. on appeal from the
Supreme Court of Alabama. Chief Jus
claring that the Federal Supreme bench
was without jurisdiction in the case.
With the exception of Justice Holmes
who awaits confirmation by the Senate,
a full bench sat- court being called to
order at high noon. Every seat in the
court room was occupied.
After the various Associate Justices
had rendered number Of decisions, the
Chief Justice took up the jacob case,
much to the surprise Of members Of the
bar present. The case was not argued
until last Friday week. Attorney General
Brown appearing for the State of Ala
bama and Judge Lazarus of Louisiana
AOi SoSVpAs n ioh6 0Ctdy AA tAip 00CtbiOn
was anticipated. but The Advertiser cor
respondent was present in court to hear
the decision.
Reviewed the Case.
The Chief Justice reviewed the case In
brief detail pointing out that counsel
for the defense in the trial court had
not reserved the point that a Federal
question was involved In the non-appear-
ance in person of a material witness.
namely. the young woman alleged to be
the victim Of the attempted assault. SUBJ
sequently counsel for jacob on appeal
to the Alabama Supreme Court alleged
a violation in the trial court of the
fourteenth amendment to the Federal
Constitution. which guarantees fair
trial to every person accused, 1t being
argued for Jacob that the acceptance
of testimony of an absent witness who
had been present and testifying in the
first trial. which was abortive. was in
violation of the amendment.
Proceeding, the Chief Justice expressed
that the court did not pass on this con-
stitutIonal question. but having regard
to the rules OF procedure In the Alabama
Supreme Court. which they. for obvious
reasons. had no purpose or desire to in
terfere with or change. they were bound.
on grounds OF non-jurisdiction, to deny
the writ of error prayed for.
Probably fifty lawyers were present
when the Chief Justice rendered the de-
cision sustaining the Alabama Supreme
Court.
Giles's Case Advanced.
Having regard to the Alabama suffrage
case of Giles. a negro, on appeal from
Judge Jones of the United States Dis
trict Court of Middle Alabama, involving
the question OF that courts jurisdiction,
and not the constitutionality of the Ala
bama suffrage clause. as has been wide
ly misstated by press agencies. the su-
preme Court granted the motion Of Will
ford Smith. negro lawyer of New York.
counsel for Giles. to advance the case on
the docket Under rule 80 of the su-
preme Court. it rests for Smith to fix the
date for the hearing. a fact of which
Smith is said to be unaware.
The United States Supreme Court today
took a recess until Monday. December !.
The interim will be largely devoted to
the consideration of cases already pre-
scented to the Court.
Lucien Julien Walker.