The Montgomery advertiser., 1904-01-02
PRELIMINARY IS NOT HELD No One to Try the Alleged
 LyncherS.
 - - CARRIED TO CAMDEN JAIL Epidemic Among the Justices
 of Wilcox. 1kr. Sessions Ends Connection With the Case by Declaring His Presence Was That of .
 Private Citizen.
CARRIED TO CAMDEN JAIL

@~W@@~~~N " W - >~e~s VI -
 Private Citizen.
 Pineapple, Jan 1.-tSpecial)- )-Aftsr two of the justices associated to try the five men accused of the lynching of a negro confined in the Pineapple calaboose Sat urday morning had declined to sit upon the case Justice Sessions brought to- days attempt at a preliminary hearing to an abrupt termination by announcing that he would not alone try the case. He said that he sat in the court, not as an officer, but as a private citizen, having neither desire to preside nor power to de- clare adjournment, so that the original committing magistrate, c. A. Crawford. having been disqualified yesterday, .ne original court is ended. not by adjourn ment. but, as it were, by dissolution.
 The prisoners were retained in the cus- tody of the sheriff, who escorted the men to Camden, the county seat. and the con- sensus Is that the defendants can have reasonably early trial only by writ of 0dQtd8 cOfpuSp WulCn tnctT COuNSCL may ask. or by special term of the court which has been requested. or Circuit Judge John Moore by State Solicitor w. w. Quarles. &
 The contition resultant from today's ses- siorsion is said to be without precedent. The disqualification of the justice before whom the warrants against the defend ants were returnable. the failure of Jus tfce Sessions's associates to act and the declaration that an associate justice cam not associate unto himself other asso- ciates, practically annihiiates the court organized. to give the defendants their preliminary hearing.
 Chain Not Endless.
 The present status owes it's being to 6 sort of chain that was not endless. Justice of the Peace c. A. Crawford. who acted as coroner in the inquest over the body of. the negro Arthur Stewart, found Imisfdared in fhe burning ealabooss, vas. the officer to whom the warrants charg- Ing Emmet Barlow, Evander Melton. Walter C.. Stewart, Robert Ray and Presley Stewart with murder, were re- turnable, and at the preliminary hearing set for yesterday. when called he pre- sided, Justices of the Peace Charles Me Lean and J. J. Sessions being his asso- ciates. l
 In the preliminary arguments of the attorneys, the counsel for the defendants objected to MT. Crawfords serving. on the grounds that some of his property was destroyed by the fire and that he was therefore disabled, .'-
 The remaining officers. Messrs. Mclean and Sessions, said that, in view of the heavy responsibility of their positions, they preferred that another justice should sit with them.
 Justice of the Peace J. R. Hughes had been asked to be an associate and 1t was agreed that he should be the third. This morning, however, MT. Mclean did not appear in court, and asked to be excused on account of illness and HIT. Hughes thereupon declined to take upon himself more than one-third of the responsibility, saying that he would serve as one of three, but not as one of two justices, to try the case.
 Mir. Sessions was thus left alone, and after a long series of arguments by the counsel of State and defense and after many questions and statements by MT. Sessions, he stated that he would not assume the entire responsibility of case that was not in his beat and he brought about the remarkable existent state by saying that he did not consider himself the presiding officer of the session and LuAI lL was HUI HI AtAS JhAAoNtSNAOAA SO 0S- clare the court adjourned until a certain day. He was a private citizen, he said. One by one officers filed out with the spectators and the court as some one said. vanished in thin air, and the ques- tioh, Did they adjourn or just quit?" had no answer from justice or counsel. For Special Session of Court.
 Solicitor Quarles yesterday requested Governor Jelks to order a special ses- sion of the Fourth Judicial Circuit Court but his excellency replied that he had no authority to issue such command.
 Solicitor Quarles has since asked Judge John Moore. the presiding officer of the circuit to order the special term. but 1t is not known what action will be taken The defendants in the case remain in the custody of Sherih Albrittion with out bail
 The ordering of special term at an early day would of course dispense with a preliminary hearing. or if writ Of hakeaus corpus is granted by the pro- bate judge, an early trial can be had, Save these expedients, 1t is thought the only course the case can take is to lie over until the regular term of the ClI- cult Court in May
 The defendants have made no state- ment for publication. Their counsel said today they would plead not guilty to the charges of murder. Without exception the men have been evidently confident Of' acquittal. Their counsel say that a speedy trial is desired and that it will be had. if possible.
 Today's trial. set for o'clock. began about 10. The early hour had deterred some from attendance. but later the court room was slowly filed until the crowd of spectators was as large as that of yes- terday But the tensity of feeling that distinguished yesterday was wanting to- day. The short session of the previous afternoon seemed to have given vent to the emotions that stirred the people of Wilcox. Then, too, the spirit of today's sitting was entirely different, and the pro- ceedings were marked by a sprightliness and humor that in comparison with the solemnity of yesterday seemed quite for eigu.
 No Witnesses for Defense.
 Over forty witnesses had tIeen summon ed by the State. none by Aile defence. Court was convened in the school house, Justice Sessions was the only magistrate present. The defendants were upon the -'stform with their counsel. B. M. Miller.
 N. Miller, D. N. Jones and P. P. sa nes. The stateswa represented by It's