The Birmingham age-herald., 1904-01-02
PINEAPPLE TRIAL 4 FARCE COMEDY Justices of the Peace Mil Nof
 Try the Case ATTORNEYS ARE STUMPED
By Retirement of One Justice the Re- sponsibiity Was Shifted on the Associates Shoulders, and
 He "Nommed" 1t Back.


 He "Nommed" 1t Back 1 Selma, January 1.--(Special)-In the words of another each of the five pris- oners charged by the coroner's jury at Pineapple with the murder of Arthur Stuart in the calaboose the morning af- ter Christmas may well exclaim tonight Where am l att The answer in a ma terial way would be: Tn the Wilcox county jail at Cadmen. In a legal way only the echoes of their iron barred cells can answer.
 This morning when the alleged court of preliminary hearing convened Justice of the Peace Charles Mclean, who did not appear, asked to be excused on the grounds of illness. Justice J. P. Hughes who had consented to serve in the place made vacant by the disqualification of Justice c. A. Crawford, owing to the lat ter being one of the losers by the fire that followed the mob's work. then de- clared that while he was willing to sit with three justices and assume a third of the responsibility he would serve with only one other.
 He Nommed 1t Back. | Thus was the responsibility for the trial checked up to Justice J. J. Sessions and he "nommed' 1t back by declining 1 after listening to the arguments on both l sides that he would not assume the en- l tire responsibility of a case not in his beat. He further said the presiding jus tice had been disqualified and that he 1 was only an associate without power and without authority In fact he declared he was private citizen and thereupon walked out of the room, followed by the attorneys and the spectators. l The contention of the solicitor was that Justice Sessions could try the case alone, but being an associate he could not as- sociate another justice with him. | The solicitor contended that Justice Ses- sions could also adjourn the court from l day to day.
 ! Tie counsel for the defense clainf1 that Justice Session, having succeeded. Crawford, could try the case himself or associate others with him, and they urged an immediate trial for their clients. The justice, 1t seems, argued with neither side. He seemed to have made up | his mind not to have the burden shifted upon his shoulders, and to that end he | hewed.
 Has Governor the Authority?
 Solicitor Quarles asked Governor Jeks l to order a special term of the court to l try the case, but the governor according | to the information received here, claims not to have the authority to order a spe- cial term. Solicitor Quarles has also made formal request to Judge Moore of this | circuit for an early session of the court. What action Judge Moore will take is not known at this time i Pending the ordering of special term of court the five men may secure action on their cases through habeas corpus pro- 1 ceedings before the probate judge. or If justice in the county will try the case they could possibly secure a preliminary l hearing before such justice. | The exact condition Is unprecedented and unparalleled so far as Is known. The l feeling that characterized the situation l in Pineapple on yesterday was noticeably absent today. good humored jocoseness having been occasioned by the peculiar 1 condition in regard to the trial proceed 1 ings.
 we had nearly three feet of such space l for each 100 persons
 1 To this Mayor He. .rison said nothing but commented on the fact that damask curtains had covered the doors. and there were no signs indicating the exits.
 "The Signs Were Making" l "The signs were making" Marshall said. But temporary signs were not used | because it was not desired to mar lne beauty of the interior of the house. | To this Alderman Mayer rejoined: | This theatre was opened on November i 23. 1t has been running fully five weeks. In Heavens name how long does it take | to make a few signs?'
 To this Marshall offered no reply. | Returning to his office. the alderman said:
 T think exactly as thought yesterday I of the theatre I could not see any ex- l planation for the disaster, except the l failure of the curtain to come down. 1 l tried lot of the doors and they seemed to open and close easily. I got into the | rigging loft which is of solid metal with out trace of combustible material about 1t. think 1t would have been wise how ever. If the management had not placed heavy curtains in front of the exits" "Nearer Mf God to Thee"
 St. Louis, January 1.-Between the acts tonight at the Century theatre, c. H. Kongdon, who said that he was from Chicago. arose from his seat and related l incidents of the Irouuois theatre trag- edy. He had proceeded only few min utes when some one ii the audience be- gan to sing, Nearer. My God, to Thee" which was taken up ,y the whole au- dience, the orchestra Joining in with an accompaniment
 Italy Sends Coincidence. | Rome, January 1.-MIister of Foreign Affairs Tittoni has requt sted the Italian ambassador at Washington to express to | the American government the sympathy of Italy with them in the Chicago the atre disaster.
 Big Flow of oil. | Rawlins. Wyo., January 1.-Excltement is intense over the announcement k1at big flow of oil has been struck Yest of Rawlins by independent prospec ks, J. H. Anderson and Nels Johnson in the | Fort Steel region.