The Montgomery advertiser., 1904-01-05
GRAND JURY
 ORGANIZED Special Term Of Court at
 Camden. JUDGE MOORE PRESIDING Solicitor Protests Against Threat to Release Prisoners. Sheriff Albritton of wilcox Feels That He Has Not Sufficient
 Authority to Hold the
 Alleged Lynchers.


 Moore this afternoon ordered the Circuit Court convened in session extraordinary to investigate and If necessary to try the cases against the men accused of murder ing the negro prisoner in Pine Apple De- cember 26, the grand jurors being sum- moned to meet on Wednesday. but the most interesting event in the cause celebre was the continuation of correspondence between Solicitor w. W. Quarles and Sheriff c. L. Albritton of Wilcox County, who had wired the Solicitor that as ad- vised by his attorneys he would not hold the prisoners in cusotdy longer than 2 o'clock this morning unless some definite steps were taken by the prosecution. The definite steps were comprised in the ordering of the special term of the court and in his reply to the sheriff the Solici- tor stated that the release of the prison- CTS would be contemptuous of the Circuit Court which was immediately to hold special term and of the Probate Court Of Wilcox County, which had been asked by the defense for writ of habeas corpus and . direct challenge of the impeach- ment laws .
 Albritton's Position.
 sheriff Albritton stated today to rep reeentative of The Advertiser that the or- iginai warrants against the men had been returned to Justice Of the Peace Craws ford and that no mittimus for the re. mandinR of the men to jail had been is- sued to hitn and that he therefore felt that he had no right to retain the mon in custody.
 It is understood the defendants consent ed to their confinement and gave the sher- If assurance that even if ...ey should be found to have been illegally imprisoned they would not hold him liable for dam- ages.
 When on Friday the court which was to give preliminary hearing to Bmmet Bar low, Evandor Melton, Walter c. Stewart, Robert Ray and Presley Stewart on the charge of having murdered Arthur Stew art. negro confined in the xsne, Apple calahoose, on Saturday. peoembef 2s, was ended by dissolution rather than by ad- 3ournnnent, Sherim Aibritton and the de- feudArts in the case as his prisoners left for caAnden. The terminAtion of the proS ceedinkn on that day had been from a technical standpoint at least unsatisfac- tory. The defendants, were present for the purpose of being tried on charges of murder, their counsel was there to defend them, Solicitor Quarles was there to rep resent the State in the trial. Justice of the Peace J. J. Sessions. was there to preside at the trial but nC. ng was done and 1t is even contended by some that thCI6 WHS SOGAb 0b 0AAs
 No Court at All.
 | One argument advanced Is that if Jus tice Sessions declared he was without power to declare adjournment of the court he certainly could not have ordered 1t convened end that notwithstanding the many arguments by the counsel and the variegated opinions and decisions made as if ex-cathedra by the justice real live court was never in session that day in Pine Apple There is naturally an opinion variant from this and 1t ig that a court organized to try the defendants in the ease ot the State agains Emmet Barlow ct al was duly and formally called to order But court or not court no mitti- mus was issued, 1t is said. and according to the statement made today by Sheriff Albritton the original warrants were not given back to him so that he had no or der to authorize him to retain the pris- oners in custody.
 Last Friday he said that he did not know what to do in the matter but that the prisoners had consented to remain in his guardianship and not to hold him lia- ble for damages should 1t be discovered he had kept them in duranoe vile with out the proper power for so doing. On Saturday Sheriff Albritton said he con- suited his attorneys and was advised that he had no legal right to hold the men longer in custody and relying on their promise that they would not under any conditions bring suit against him
 Telegram to Quarles.
 He telegraphed Solicitor quarles the fol- lowing message;
 Camden, Jan. 2. '"To W. w. Quarles. Solicitor, Selma, Ala.
 My attorneys advise to discharge Pine apple prisoners at o'clock Monday morn- ing. which I will do unless prosecution takes proper steps to hold them.
 "G. L. Albritton, Sheriff.
 The same message was sent by Sheriff Albritton to W. H. Lloyd and T. J. Adams at Pineapple who were said to be interested one side of the prosecution with the additional information that 1t had been transmitted to Mir. Quarles.
 Solicitor Quarles replied last night to the message from Sheriff Albritton. ms answer which was delivered this morning was as follows:
 '"To G. L. Albritton. Sheriff, Camden;
 ."rhe issuance of the warrant by Craw" ford on which you hold prisoners is mere ministerial act and is valid thus holding them with their writ of habeas corpus nendinR before Judge Beck set for the fifth and with Judge Moore today on his way there to convene Circuit Court to- morrow your voluntary release or prison era would be unwarranted, unlawful con er,ntuous of both courts and direct chal- Ienge of the impeachment laws of Ala bama. oficially protest against It.
 "w. W. Quarles, Solicitor"
 Tn an interview today Sheriff Aibritton said he felt he had had no right to re- tain the prisoners against their vhl' hnt upon their consent to go with him voluntarily he had taken them into GUS today. Being without mittimus and without warrant he said he had deemed .hs hoidinT of the men as without au- thority.
 Solicitor is Rsticent.
 Solicitor ouarles had nothing to say upon the matter. but ti iF thought he would have brought impeachment pro ceedinRs if the sheriff had released the men In speaking of the case in general way. Sheriff Albritton said that at nc time had he thought the condition eonse' ' .t ,,uon fhe incident at Pineapple o1