The Montgomery advertiser., 1902-12-03
CASE CONSUMED THE DAY
Probate Judge Denies Allega- ti0nS in Bill 0f Information.
Searching Investigations Into Con duct of Official Who is Being Tried for Alleged Nal
 feasance in Office.

County, whose official acts are the sub ject of a searching enquiry before the Supreme Court of Alabama, for several hours yesterday sat in a chair in the presence of the five Judges Of the Su- preme Court defending and explaining the charges which had been made against his official conduct.
 The taking of testimony was not com pleted when the court adjourned and the hearing of the case will probably run over into Thursday.
 It was general agreed that Judge Lovejoy made a good witness in his own behalf. With the exception of an hour directly after the opening of the court, Judge Lovejoy was on the stand all day. His examination lasted until after night fall. When darkness came the session was removed from the Supreme Court chamber where there were no lights to the Supreme Court library where the hearing of the case could proceed with out interruption.
 Except for an hour for dinner the court was in session from 10 o'clock yesterday morning until o'clock yesterday even 1 ing.
 | It was the second day of the consider ation of the impeachment proceedings I against Judge Lovejoy, and as on the | first day, a large delegation from Etc.
 
 terest to each bit of testimony. About 1 hfty-ive citizens of Etowah are in the city as witnesses or interested spectators. In brief. Judge Lovejoy is charged by Thomas l.. Johnson, Dr. J. W. Laurence, J. c. Pratt, Joe Williams and T. W. King, tax payers of Etowah, with charg- ing in certain instances g and $22S for marriage licenses while the legal charge Is only N.50: with making excessive charges for the recording of mortgages and bonds: with failure to visit the coun- ty jail once week; with drawing unau- thoriZed pay for keeping the minutes of the Commissioners Court and with mak- ing unauthorized charges for 1unacy in quisitions. Under each of the general charges there are various specifications.
 The prosecution closed its side of the case yesterday morning with the intro duction of three witnesses who testified as to excessive charges for marriage H. censes and for recording of a mortgage.
 Judge Lovejoy was the first witness to take the stand for the defense As to the allegation that he had charged $2 for mar riage licenses the Judge said that in those instances the persons who applied for the licenses appeared to be near the legal age and he had required affidavits from responsible persons, that they were old enough to be entitled to a marriage license. In the few instances where $225 nad been charged for marriage licenses he said as an additional precaution for the protection of the Judge of Probate's office, bond had been required. for which revenue stamp was necessary. These licenses were taken out he said while the general revenue law was opera tive, requiring stamps on bonds.
 In two instances where witnesses had testified that they had paid g for mar riage licenses. Judge Lovejoy said that he had no recollection of collecting that amount and the records $1.50 was put down as the price paid for the licenses.
 As to the allegations that he had made overcharges for recording deeds and mortgages Judge Lovejoy said that the fact that revenue stamps had to be pur- chased explained the difference between the price charged and the price allowed by law.
 Judge Lovejoy testified that in drawing money for keeping the minutes of the Commissioners Court he had only fol- lowed the example of his predecessors He said further that he had been advised by his attorney that he might make such charge and Gae commissioners had for mally voted him the pay for his services In the Commissioners Court
 The same defense he made to the ailega- tion that he had Illegally made a charge of s5 for each induistion in lunacy.. His predecessors had done the same thing he testified and the Commissioners had voted him the money.
 As to the allegation that he had not visited the jail every week as required by law. Judge Lovejoy stated that he had visited in the county jail of Etowah dur ing every week of his term of office with very few exceptions due to absence from Gadsden or some other good reason.
 Judge LoveJoy was subjected to a long and searching examination by the three attorneys who appeared for the relators, the men who submitted the information containing the charge. He was asked infinitely as to every specification under all the charges. Every item in the in formation was made the subject of a question from the attorneys.
 During the examination certain of the relators sat with the attorneys and prompted questions.
 The court adjourned shortly after the completion of Judge Lovejoy's testimony.
 The other witnesses for the defense will be examined today. There are said to be twenty witnesses who will testify in his behalf. but their examination 1t Is thought will occupy but little time.
 It is possible that all testimony may be in by adjournment tonight and the attor- neys may complete their arguments. but that is hardly probable.
 On account of the Lovejoy case no decisions were rendered by the Supreme