The Montgomery advertiser., 1902-04-25
LIDE'SLAWYER SECURES WRIT Claims Prisoner is Unlaw-
 fully Detained. HABEAS CORPUS HEARING He is Now at Country Farm of
 Sheriff Waller. Question Raised as to Authority for ouarantining Prisoner Sem fenced to Penitentiary-May
 Stay Execution

de, a life sentence, was removed yester- day morning at Il el )ck to the planta- ten of Sheriff W. R. Walle- to remain in quarantine for twentyloae days before being cent to serve out his sentence at Speigner. His attorneys immediately af- ter his removal from the jail. sued out q writ of habeas corpus before Judge A. D. Sayre of the City Court. alleging that Lide had been removed without authority; that he was being detained against his will; that he is not being confined in any jail; that he 1, net in the custody of any one authorized by law for the confine- n ent and restraint of convicts. and that w. R. Waller does not hold the said Lide in his custody as Sheriff.
 Judge Sayre granted the writ at .4 o'clock yesterday afternoon. directing Sheriff Waller to produce Lide in court Saturday. the 18th of April, at 10 o'clock. At that hour Judge Sayre will hear the arguments on the writ.
 The writ, in accordance with the forms of the law. should have been served upon the Sheriff by the Coroner. but in the absence of Coroner Tice from the city Sheriff Waller accepted the writ without formality.
 The Board of Convict Inspectors has directed that Lide be carried to Speig- ners to serve out the sentence of life i'm prisonment for murder. The Board was unwilling. however, that he should come from the Montgomery County jail, where there had been smallpox, until he had passed twenty-one days in quarantine TheBoard did not want him sent to Speig- ners until all danger of infection had passed away.
 Li1es cell was in different section of the jsif from the quarter in which the prisoners were confined who developed smallpox. The Convict Board, intending to take no risk whatever for the intro- duction of smallpox among the State con- victs, ordered the removal of Lide to the farm of Sheriff Waller three miles from town. which has been the quarantine station for all prisoners since the first of January. before their acceptance by the State.
 Lide was accordingly carried to Sheriff Walters plantation yesterday morning. Sheriff Waller went with him. and he was placed in charge of Chief w. S. Smith who superintends the prisoners. Lde will remain on the plantation until he is brought to Montgomery for the habeas corpus hearing on the 18th.
 He has been a prisoner in the county Jail since the spring of 1900. He was con- victed of the murder of A. B. Johnson on the 18th of May of that year and was SNhiChNcu io ltHpiiSOiiHcHt Hle OH the 18th Of June. The sentence was sus- pended and Lide was kept fin the Mont gomery County jail pending the action of the Supreme Court of Alabama on an appeal, The Supreme Court affirmed the decision of the lower court in every par ticular. His jailers say that Lide made q model prisoner
 The petition for the writ of habeas cor pus say among other things:
 That on the 24th day of April, 1902, Lide was removed from the county jail and since said removal has not been con- fined in the State pententiary. or in the custody or control of any officer for the purpose of being removed to said State penitentiary, nor has he since been confined in said county jail or any other jail in said State of Alabama or in any other place or in the custody of any other person authorized by law for the confinement and restraint of convicts; that w. R. Waller As, and has been, for more than one year past the sheriff of said Montgomery County and said Waller is, also, in his private and individual capacity farmer, engaged in the opera tion and cultivation of a plantation in said county; that said Lide is now held by said Waller in his private and i'm dividual capacity. and not otherwise upon said plantation for the purpose of being employed and used by said Waller. in the operation and cultivation of said plan tation; all of which detention and custody control and use. of said Lide is against the will of the said Lide: that the deten- tion and custody of said Lille by the said Waller since his removal of said I.ide from the county jail on the 24th of April. aforesaid, as petitioner is informed and believes and so ayers is without any judgment. order or decree of any court or of the Board of Convict Inspectors or by the President thereof. or by any such order with the approval of the Governor. nor is it by or under any provision of law whatsoever.
 And petitioner further ayers that the said Waller is not authorized by any pro- vision of law or by any lawful order or direction whatsoever, to detain or keep in custody the said Lide as aforesaid, or otherwise to detain or to keep him in custody. and said Waller does not hold said Lide in his custody or under his control in his capacity as sheriff of said county of Montgomery. and has not so held said Lide since the said Lide on the ''24th day of April, 1902, was removed from said county jail"
 tt is said the order for the removal of Lide was signed by Dr. Shirley Bragg. Physician Inspector of the Convict Board, instead of Judge J. NJ. Carmi- chael. President of the Convict Board. who is in Dallas. Texas. attending the Veterans reunion.
 Either side may appeal from the decis- ion of Judge Sayre in the hsbeas corpus hearing. 1f he dismisses the writ, the attorneys of Lido have announced their intention of carrying the matter to the Supreme Court, I.ide will remain in the custody of Sheriff Waller until the Supreme Court decides the novel ques- tion raised by the writ of habeas corpus,
 It Is, said that question like this has never before been submitted tO the Supreme Court of Alabama.
 "A neighbor ran in with bottle of