The age-herald., 1902-03-13
Both Defense and Prosecution Plead for a Stay of
 Punishment ROBINSON AND SCHULERS
 SETTLE DIFFERENCES New Books Made Up to Take Place of Those Bufned-Prosecuti De- oIares Full Preparation
 Has Been Made.

Judge w. w Wilkerson of the City Court yesterday repealed the order direct ing the sheriff to eonfine E. T. Schuler and George H. Schuler five days in the Jefferson County Jail for contempt of court This order was passed several weeks ago as the result of contempt pro- ceedlngs instituted by MT. c. S. Robinson against the Schulers in which he alleged that they refused to obey an order of the court directing them to allow him to inspect the books of the Alabama Steel and Wire Company, of which MT. Rob- inson was stockholder and that they had burned certain books of account.
 In court yesterday 1t was announced that the pending litigation between MT. Robinson and the Schulers had been sat .sfactorily settled, that the burned books had been reconstructed from en- tries on the original vouchers and all parties asked the court to remit it's order of Imprisonment. This Judge Wilkinson did, and now everything is lovely and peaceful where dIscord and acrimony reigned.
 INTENDED NO DISRESPECT.
 At the time Judge Wilkerson sentenced the Schulers to jail for contempt he an- nounced in his decision that from the evidence adduced he did not think the Schulers intended any disrespect to the court by their actions. except that they had by burning certain books put 1t out of their power to comply with the courts order directing them to allow MT. Rob- inson to inspect them
 In remitting the sentence of imprlson- ment he stated that the books having been reconstructed and a full and com- plete settlement having been made with MT. Robinson, and the latter having stated that he was In no way forced into said settlement by reason of any informa- tion which said books might have can tained being withheld from him, and fur thermore asking that the sentence be re- mitted Judge Wilkerson consented to do so. The original order of imprison- ment was made several weeks ago. but its enforcement had been postponed twice by reason of illness in the families of the defendants
 ScHULERS READY TO SERVE.
 Shortly before 12 o'clock, the hour fix ed for the sentence to begin, E. T. Schu- Ter and George H. Schuler with their at- torney, Mir J. P. Tillman. appeared at the sheriffs office, the defendants pre- pared to begin their sentence if necessary. MT. Tiilman stated to the sheriff that an application for modification of the or der would be made to Judge Wilkerson and that the judge requested the sheriff to temporarily postpone taking the de- fendants in custody until this matter was passed on.
 At 12 o'clock MT. Tillman arose in the city court and asked Judge Wilkerson to revoke his order.
 within the last two days" he said ne gotiations have been pending between MT. Robinson and the Schulers in respect to the litigation out of which grew these proceedings before your honor. These negotiations have been consummated and an adjustment had which is a full and complete settlement. MT. Robinson is satisfied and our clients are satisfied.
 "I am aware that no settlement be- tween these parties can In any way com promise judgment of this court of this nature. The purpose of these proceedings were the enforcement of certain of Mir. Robnson's rights and your honor ad- judged that the Schulers were at fault In that they obstructed him in their ex- ercise. I will state now, however, of my own personal knowledge that when the orders of suspension of the execution of your honors sentence were made it was not done for the purpose of effecting a settlement but were made in good faith on the grounds presented.
 HAVE SUFFERED ALREADY.
 These men have been fearfully punish ed already not by the fine imposed upon them but by the humiliation to which they have been subjected--I do not say improperly I am not impeachlng your honor's judgement.
 "The negotiations first begun were broken off and then renewed by Mir. Ca- baniss I appeal to your honor's clemency in the light of subsequent events and the fact that they have suffered severely--few men could have stood 1t as well as they. They have now made a fair and full set clement with MT. Robinson and I think your honor realizes that they had no idea of anything like intentional con tempt It was civil matter-a civil con tempt.
 Another proceeding has been instituted since this quasi-criminal procedure. re- fer to the application for a receiver. have spent some time in Investigating the affairs of the Alabama Steel and Wire Company in preparing an answer to this suit, and 1 wish to state that I am satis- fled that not a cent has been diverted from the company by these gentlemen. They have prepared a showing to this ef- feet which would have been, presented to the Chancery Court if that proceeding had gone on.
 PERSONAL QUARREL.
 The whole trouble was a personal quar- rel which clouded their judgment. They had no intention to be Tn contempt of the courts order. and are now ready and wih- ing to say anything your honor may de- sire. In view of that fact, and of the set clement and reparation. I now ask that their sentence of Imprisonment be remit ted. They have suffered already. appeal