The Montgomery advertiser., 1904-03-05
IS TO ! HANG TODAY Judge Richardson Refused ! to Grant Writ. I ----~s------ FURTHER RESPITE DENIED Final Plea Win Be Made to
 Governor Today. sparks VIII Be Carried Back to opelika This Morning, Arriv-
 ing There Two Hours
 Before Execution.

Circsit denied the writ of habeas cor pus applied for by Sparks, the Gov ernor waa the only resort left. Although persistent efforts were made last night by the counsel for Sparks, no reprieve has been ordered by Governor Jelks. Mr. Fuller still entertafns hope that the Governor will respite Sparks to-day before noon, the hour of the execution. in order to await the decision of the Stu preme Court of Alabama on the appeal from the decision of Judge Richardson on the application for writ of habeas corpus.
 Yesterday was an eventful day In the life of Charles H. Sparks. On yesterday in all probability depends whether he wis to-day swing from the hangmaf's moose or whether long legal formalities and questions will have to come up before the execution or he is made free man. Sparks was convicted in the Circuit Court of Lee county before Judge A. A. Evans and sentenced to hang over year l ago. He is charged with having murder
 ed Jack Ingersoll, negro of Phoenix City. of whose wife he was enamoured. lngerBoll was assassinated while sitting l at his supper table. Lucy Ingersoll, the
 unfaithful wife. confessed to having been an accessory to the crime and testified that the shot which ended her tasband' s
 life was fired by Charles II. Sparks, a | negro school teacher of Phoenix City. She is now serving life Imprisonment Sparks carried his case to the Supreme Court of Alabama where it was affirmed.
 The date of his hanging was fixed. In
 the meantime, however, his counsel aver
 red to the Governor that three material
 witnesses for Sparks had been forcibly and illegally detained at Columbus, Ga,
 to prevent their testtfying at the trial Governor Jeiks granted q respite, but
 later fixed to-day as the day of the ex- ecution.
 Tuesday application for writ of habeas
 corpus was made before Judge Terry
 Richardson on the grounds that the con-
 viction of Sparks was illegal in that on account of his being of dark color and
 African descent his fellow racemen.
 known as negroes, were denied the right
 to serve on the grand and petit juries
 of Lee county in violation of Section i of the Fourteenth amendment of the con- stitution of the United States, as decid-
 ed by the Supreme Court of the United
 States several weeks ago, in the case of Dan Rogers
 The application was ganted by Judge
 Richardson and the body of Sparks was ordered to be brought in court in Mont gomery at noon yesterday.
 The habeas corpus hearing lasted au yesterday afternoon. It was evident that all the counsel for the defense hoped for was to delay the execution. On ac- count of the Western of Alabama train from Opelika being late the case was not called until S:So o'clock.
 Sparks appeared in court, heavily shack led and handcuffed. Although according to popular report Sparks is a negro of high education. he appears the typical cornheld darkey. The fact that his h.e was hanging by only the most slend.r of threads, did not seem to ruffie his equanimity in the least He conversed all through his hearing with counsel and was smiling throughout the proceedina~.
 A large crowd assembled in the Gre iit Court Room to hear the arRumenrs There were several citizens of Lee Cou,,- ty present, who had been summoned io testify, if that stage was ever reach sd The rear of the court room was fiIled with negro preachers, school teachers and politicians, who were anxious to hear what effect the Dan Rogers decision would have on the decision of the coa:L
 As soon as court convened, the peli- tioner asked leave to amend his bin. The time was granted. The petition ua amended alleged more in detail the par- ticulars in which negroes in general and Sparks in particular are alleged to uc discriminated against by the Jury CoTn- missfoners on account of their race.
 As an answer. Attorney General Massey Wilson, acting for the State, filed the return of Sheriff Hodge of Lee County, to the summons of the court to show why and under wliat authority, sparas was held. This return with certina,s copies of the Clerks record in the Cir cult Court of Lee County of the corr victIon of Sparks the Supreme Court re- cord of the affirmanre. a certified copy of the Governors reprieve and of the Governors order to let the order of the Supreme Court have it's way, was filed with the clerk
 In arguing his plea. Attorney General Wilson said that the bill of the pct.- tioner was entirely ungermane to a na- beas corpus procedure, The ease hal been decided by court of competent ill., risdiction and affirmed by the Supreme Court and the right of the Sheriff to hold the petitioner seemed self evident AJ- hitting for the sake of argument pur- sued the Attorney General, that tho ale gations in the petition are germane, the petitioner waived his right to use tais point in the lower court, when he wet to trial on the merits of the case wilt out having moved to quash the indIe-- ment on the grounds he sets out in the
 
 The petitioner first moved to strike The answer, the main ground being the de- cisicn of the Supreme Court of the United States in the Dan Rogers case. The motion after lengthy argument wa <, 
 Judge Richardson then remanded the prisoner back to the custody of ti.e Sheriff of Lee County, formally denying the writ
 Some question was raised as to who.n- CT or not there would be mob vio1encs attempted if the negro was taken ba,X to Lee County. Sheriff Hodge stated in open court. however. that he was am5,y able to assure the safety of the prison r from mob violence.
 Sparks was then taken back to the Montgomery County jail. where he ia con hnsd in one of the most secure of the steel cages.
 Counsel for the petitioner announced an appeal to the Supreme Court of Ala bama and was given thirty days blythe court to prepare tho bill of exceptions
 'I don't know said tho Attorney Gsn- eral after the hearing. but if that case ever gets to the Supreme Court. I'm afraid the administrator of the estate 5f Sparks will have to be the appellee."