The Montgomery advertiser., 1904-08-09
CASES NOT DISMISSED
JUDGE RANDOLPH TO BE TRIED AT
 NEXT TERM.
Solicitor Dent Not Ready With states Evfdence-Judge Thomas Ex- presses HiRself from Bench
 on Citixen's Petition.

One of the thirteen cases of emhez- element against Francis c. Randolph, sometime Probate Judge of Montgom- cry County was mol pressed yesterday morning in the criminal division of the City Court of Montgomery on account of variance in the allegation and the proof of the indictment. The other twelve cases were continued until the next term of court on motion Of Son- citor Dent
 The dismissal of the first case was not the result of the recommendation oI A majority of the recently adjourned grand jury, that the cases against the ex- Probate Judge be mol pressed. The recommendation of the grand jury did not meet with the approval of Judge William II. Thomas. presiding over the court, and hts disapproval was express ed yesterday from the bench. When the case was called. Solicitor s. H. Dent drew the attention of the court to a flaw in the indictment and asked permission to amend it. Colonel A. A. Wiley of counsel for the defen- dant refused to allow the amendment and the case was mol pressed. In regard to the other twelve cases. Colonel Wiley addresse the court call- ing the attention of Judge Thomas to a petition which he said was signed by $500 citizens of Montgomery County asking that the cases be mol pressed. He also spoke of the recommendation of majority of the members of the recently adjourned grand jury, and said that three members of the Board of Revenue of Montgomery County had endorsed the petition.
 Judge Thomas said that it seemed to him that the petitioning of courts as to a procedure in any case was wholly out of place and such petitions should not be considered.
 Relative to the recommendation of a majority of the members of the grand jury that the cases against Judge Ram dolph be dismissed, Judge Thomas said that such a recommendation was bad precedent. The courts through their judicial officers and juries. he said. were presumed to give fair trials in all cases. There are many alleged criminals, he said, who come before the bar of the court, who have not influential friends as in the case of Judge Randolph, and such a recommendation for man who has influential friends. puts the first class of defendants on an unequal foot ing. After finding an indictment, Judge Thomas said. the Solicitor and the Judge have ample opportunity to look into the advisablity and the equality of prosecuting on the indict- ment to the extent of the law and on them the responsibility should rest. It appeared to the court that the cases were of a class that should be care fully considered by the Solicitor and prosecuted when necessary under the law.
 Judge Randolph was in court with a number of friends. Solicitor Dent moved to mol pross the fifst case on ac- count of a flaw discovered in the in- dictment and it was granted.
 The Solicitor announced that in the other twelve cases he was unable to go to trial. Material witnesses were ab- sent and the reports of the State Ex- aminer and the County Examiner of the accounts of Judge Randolph, made at the time of his alleged dedication. were unable to be found in the records of the Board of Revenue of. Montgomery County. c. A. Allen. who was clerk of the Board at the time of the filing of the reports was i'll and unable to give out any information as to the probable whereabouts of the papers. Without these Solicitor Dent said he did not wish to go to trial. He ex- pressed the opinion that an expert ac- countant would have to be employed to go through the probate records and re- port to the court before he would be able to satisfactorily try the cases.
 Colonel Wiley for the defence resist ed the motion for continuance. Judge Randolph had hoped, he said, to go to trial and have the matter done with and had looked for @ speedy hearing
 Judge Thomas. however, granted the motion for continuance of the twelve cases.
 Other cases were disposed of as fol- lows:
 Nose Blakely, assault to murder, plea of guilty; Iona Dean, grand larceny plea of guilty; William Davis, assault to murder, plea guilty; Lewis Fields. grand larceny, plea of guilty; Willie Green Davis. grand larceny, not guilty; Henry Davenport assault and battery plea of guilty fine $10.
 The juries for the week are as fol- lows:
 No. 1.-Richard G. Berry, w. M Ross. Jesse B. Brown. F. c. Schwend, E. G. Norton, c. B. Groom, W. g. Smith, B. E. Branch. w. F. Black. G. c. Ford, P. T. Sayre J. w. H. Jennings
 No. (incomplete)-G. D. Noble, NJ F. fluff. S. B. Kent. c. E. Cawthorn, Joseph Rowe. T. Weatherly Carter, J. IT. Galloway.
 The case charging embezzlement against Gordon Macdonald is set for trial In the criminal division today.
 
 When a man can do almost anything