The Birmingham age-herald., 1904-10-12
LETTERS TO EDITOR
That Grand Jury Report.

To the Editor of The Age-Herald:
 In the report of the late Iamented grand jury there are some severe strictures of the sheriff, and while I am opposed to rushing into the public press, yet tho grand jury by their course has left the sheriff no other alternative, and as the attorney for the sheriff, l wish to submit to the public the following: By section All, of the code of Alabama, it is the duty of the court (of county commission ers) to make special appropriations for heating the county jail in cold weather, for supplying it with wholesome water for drinking and bathing, to keep 1t in a cleanly condition and free from offen- sive odors, and for providing it with nec- essary vaults, water closets and dry earth
 And section 5121 of the code of Alabama makes 1t a fine of not more than one hundred (s100) dollars for any member of the court of county commissioners to negligently or willfully fail or refuse to perform any duty imposed upon him by law in reference to the county jail, or the making of appropriations for keeping the same in the condition required by law, yet the commissioners court, in the face of this statute, refused to pay bill for water, and the water was cut off from the jail, and this remarkable report com mends the probate judge instead of re- turning an indictment, as 1t was their sworn duty to do, and gives this remark able reason, that there existed between the sheriff and the probate judge hard feelings, thereby intimating that the commissioners court, for spite or because the probate judge was mad with the sheriff. the commissioners court rightly tions for the Jail required by law, and commenting the commissioners. or rather the probate judge for doing so.
 In the next place, by section 1414 of the code of Alabama, the appropriation hav- ing been made, and the sheriff having received payment thereof, 1t is his duty, so far as such appropriation will enable him, to keep the jail supplied with whole some water for drinking and bathing, to keep drinking water accessible at all times to each prisoner, to keep it com fortably warm in cold weather, at all times cleanly and free from offensive
 
 or water closets, or dry earth for the use of prisoners. And by section 5l21 of the ocde of Alabama the sheriff is sub- jeted to indictment and fine of not more than one hundred ($100) dollars for fail- ure to comply with section 1414 of the code above set out; and the report of the grand Jury says: "We have examined in a body the county jail" we find in jail twenty (20) prisoners, two CD whites and eighteen Qs) blacks.
 Owing to disagreement between the commissioners court and sheriff, we found the water cut off from the jail and the jail In most deplorable copdition the bedding dirty and full of vermin, the clothing on the prisoners was in a very unclean condition and bath tubs seem to be an unknown article; the yard and sur- roundings about the jail were dirty and badly kept and we believe these condi- tions are chargeable directly to the sheriff" Now in reference to this report on the condition of the county jail, one or the three things are true
 l. The grand jury returned an indict- ment against the sheriff; or
 z The grand jury violated their sworn duty as a grand jury in not finding an indictment against the sheriff; or
 3. The report of the grand jury Is un- true.
 Now the sheriff stands ready to prove by some of the most reputable citizens of this county, including physician and plumber, that the jail is and was at the time of the report in the best condition 1t has ever been. Now, one other thing in this report, or rather that is not in the report. I have never before heard of or read any report of gand Juy that did not tender thanks to the presiding judge for his instructions and charge, not to mention that the thanks of the grand jury Is always extended to the sheriff for his faithfuness in securing the witnesses for them and in doing their bidding gen. erally yet in the face of this fact that the charge of Judge Disque was the best ever delivered by him, and which brought forth words of commendation from the bar and spectators who heard 1t, and en- comums from the press of the state and country, yet this remarkable report winds up by thanking the solicitor and bailiff, and not a word is spoken with reference to the presiding judge or nIs charge. thereby tactily disopproving the same with reference to mobs and mob laws. Now, dislike to enter this controversy but the action of the grand jury in mak- ing it's report and failure to indict the sheriff so that the facts corld be inves- tigated in open court and before an im- partial tribunal. makes this course neces- sary. GEORGE D. MOTLEY,
 Attorney.
 Gadsden, October H. 1904