The Montgomery advertiser., 1903-12-30

- ~N ~ W " AVA 4S4Of4 L1D detention to another except as a matter Of safety. These men were ordered from Vinegar Bend in order that they might be tried at Montgomery This, 1t is said by attorneys, is entirely beyond the prov ince of the board.
 Habeas Corpus Prceedings.
 Attorney ]. J. Parker, who has repre- sented the men, told a Register reporter yesterday that he would go to Montgom- cry and sue out a writ of heabeas cor pus and have them returned to Vinegar Bend for trial here if the jury brings in a true bill against them. He left yes- terday noon, and will. 1t Is presumed. pro- ceed in the case today.
 According to i've of the leading attor- neys of the icty there Is no question but that habeas corpus proceedings will re- lease the men from the custody of the Montgomery authorities. It was said yesterday that the Governor might inter fere. but the lawyers said on the other hand. that the Governor had nothing to do with them so long as they have been convicted of no crime. One of the law yers said:
 My opinion is that an attorney can go to Montgomery and sue out a writ of habeas corpus before any judge. and have the men ordered back to Vinegar Bend. The Montgomery authorities sim ply ran the men out from the jurisdiction of the courts here. where there Is an ac- tion already started. It seems to be very high-handed proceeding
 ''The fact that the officers did not call on or notify theAMobile County or city officials looks bad, it Is said. There is customary courtesy between officers that would almost demand that they call. at least, and especially so when it Is so well known that Mobile has a case pending against the prisoners. But the Montgom- cry men did not call or let the Sheriff or the Chief of Police know anything about their movements. The knowledge those officials received was from reporters, and Attorney Parker was also awakened at about 10:30 by two reporters. who gave him the first information that he had re- ceived that his clients were being taken to Montgomery. Mir Parker was much surprised and immediately arose and went to the depot to confer with his clients, but when he got there the officers had taken them no one knew where, and they were not again seen until as the train was swirtly passing out of the railroad yards.
 Suspects Interviewed.
 "A Register reporter interviewed Drfs- coll and Russell. They said that they were satisfied at Vinegar Bend; that the fare was coarse and that the work they had done-unloading cars-was hard, but as it was what they had elected to do they could not we'll complain. They said that 1t was the intention of the Turner's to have them put into the machine shop yesterday mroning, as there 1t would be possible for them to have done good work and also better guard could be kept over them. They were expert machinists, and thus 1t would have been all right to have had them in the machine shop.
 "Driscoll said that they both protested before witnesses against being taken from Vinegar Bend. He said that the officers paid no attention to that He said they would rather work than lie out an uncer- tain time either in the jail or the guard house, so they had elected to go to Vine gar Bend, and they were much chagrined that they had been taken away.
 ''The reporter asked Sheriff Waller of Montgomery County if Governor Jelks signed the order to Noel E. Turner, the lessee of the convicts from this county, to turn Driscoll and Russell over to him. Before he could reply, Captain Taylor of the Montgomery police said:
 Oh. the Governor is back of 1t all.'
 But did he sign the order?' persisted tho reporter.
 Well ] really don't know answered Sheriff Waller. but 1 think that he did
 Chief of Police Case said last evening that he could do nothing. He was some what surprised. he said, that the Mont gomerv officers had acted as they had In not calling on him or Sheriff Powers, but that was their own lookout, of course. He did not. however, believe that, with all their shrewdeness in getting the men away from Vinegar Bend, the Montgom- cry officials would have the satisfaction of seeing them tried before their hearing in Mobile.'
 Montgomery officials who read Mobile newspapers laughed at the suggestion that discourtesy had been shown Mobile officials.
 Tt is really amusing" said one official. for them to kick after the way We were treated when they had these prisoners. These men were arrested there on tele- graphic advices and have not injured any one in Mobile We have them and We have them legally. notwithstanding the hue and cry of the outwitted Mobil- ians We acted on the best legal advice in the State. and we are confident of suc- ceeding in legal contest for their pos session."