The Montgomery advertiser., 1903-12-24
arraigned and that he is ssiil absent from

Tho two men remained in the Mobile County jail until Tuesday when they, acs cording to their legal right. appeared be- fore Probate Judge Williams of that County. and elected to serve at hard labor until the grand jury meets in February. An order was made for them to be sent to a convict camp at Vinegar Bend near Mobile where convicts of that County are leased and they were sent to the convict camp Tuesday afternoon.
 It Is contrary to law for County convicts to be shackled and a report from Mobile says it is the prevailing opinion there that it is the purpose of Russell and Dris- coll to make their escape from the inse- cure prison at Vinegar Bend.
 The first intimation Montgomery ofis cials received that Russell and Driscoll had been sent to Vinegar Bend was through The Advertiser. Solicitor Dent communicated with Mobile only to learn that Solicitor Webb was not there. Then he conferred with Governor Jelks and it was decided to send Sheriff Waller to Mo- bile or Vinegar Bend for the prisoners. This was late Tuesday night. Yesterday morning after investigating the law Solicitor Dent decided that Sheriff Waller could not get possession of the men if he went to Mobile. Solicitor Dent Talks.
 IkH give prisoners the right to elect. to go to hard labor. pending a trial. If they are acquitted they are paid at the rate of @ a month for the time served. These men have merely taken advantage of the absence of Solicitor Webb to be sent to Vinegar Bend. It is clearly their pur- pose to attempt to escape but Governor Jelks and President Carmichael of the State Convict Board have telegraphed | AWrplfNtf kra 4I~ NR victs at Vinegar Bend concerning the custody of Russell and Driscoll. Mean while I will take steps to have them I brought to Montgomery. I do not care | to disclose my plans but I feel sure it l can be done. I will go to Mobile Thurs day night.' Solicitor Dent was at the State Capi- tol some time yesterday morning in con- ference with Governor Jelks and Presi- dent Carmichael of the State Convict Board. As a result of this conference | telegrams and letters were descaptched to the convict lessees saying that the State administration would hold them responsible for the safe keeping of Rus sell and Driscoll and that they were to be constantly guarded.
 The conduct of this matter has again drawn attention to Mobile County con- victs and ..ie provision made for them at vinegar -bSnu. LIT. Snlrley bFaBG, Physician Inspector of Convicts, said yesterday that the prison at Vinegar Bend was insecure. He has recently made careful inspection of the camp
 "An Internal Outrage" Neither Governor Jelks nor President Carmichael would discuss the new de- velopment in the matter of Russell and Driscoll but it is known that they have positive views on the subject. One State ofiicial declared that 1t was an internal outrage" to hold the men at Vinegar Bend on petty charges when they were wanted in Montgomery for safeblowing.
 Police Chief Eerald was indignant at the course pursued in Mobile.
 ''It is a perversion of law and justice. '' he declared. -.ot being on the scene have no criticism for any particular per- | son but it is the uniform practice of 1 the Montgomery Police Department to
 turn over misdemeanor prisoners to any city, county or State that shows us they have committed a felony. Felony
 cases should always have precedence
 over ,misdemeanor cases. Especially l ought this to be true when the greater
 offense was committed in 8 neighboring
 city," ts
 Those Mobile. .ofaciasss' continued
 Chief Gerald ''seenied willing enough to
 deliver the two prisoners up to Florida
 officials until Governor Jelks nipped their 1 plans in, the bud. Then they held them on nlisdemeanor charges"
 ~Do you suppose for a minute" he
 asked. that I'd hold men here for car
 rying concealed weapons if they were
 wanted in Mobile for blowing open safes l Not much"
 Chief Gerald declared that Russell and Driscoll were dangerous criminals. While l in nf me using the name, Albert Douglass. bought
 postof1ice money order and sent $25 to l Joseph Farley. care l.. w. Oakes.
 Windsor. Vermont"
 A letter was written by Chief Gerald
 to the chief of police of Windsor, Vt, making enquiry about Farley and oakes.
 From Vermont Penitentiary.
 The reply which was received yester- day is as follows:
 | ~> e>. ,1sWindsor. Vt. Dec. 1s. "A. Gerald. Esq. Chief of Police. Mont gomery, Ala:
 Dear Sir-Yours of the 12th to the
 to me.
 "In reply to the same I would say MT. F.. W. Oakes Is the Superintendent of the Vermont State prison and Is now out of town but I will give you what infor- nation I can and on his return will | give you all of the particulars.
 | These two men, Farley and Douglass.
 were committed to the State prison, l would think, some three years ago; | Douglass for about two years and Far ley for five years. There was also an- other man but l cannot now recall his | name. He got two and one-half years. | The crime was either cracking safes or something of that nature. These three men had just been released from some prison in Canada but a few days pre- vious to their arrest in Vermont '"They-Douglass and Farley-were two of the slickest men who ever struck this State. l am of the opinion that Doug lass was and is now out on parole from this State He is and has been for some time sending money every two or three weeks. $25 at a time, to Farley and his address here Is supposed to be Exchange Hotel. your city.
 "I will give you more of the particu- lars of these men and all other infor- nation can on the return of Mir. Oakes Anything further I can do for you in this or any other matter, l shall be pleased to do
 "Douglass sent Farley a check for $2S | which arrived here today.
 'VerY truly ours. "J. H. Kiniry, Deputy Sheriff. Chief Gerald exhibited this letter to show the character of the men with whom the State Is trying to deal.
 ''These are the men," he said, "Who have been sent to little town In a nrison admittedly insecure and held there on charges of carrying concealed