The Birmingham age-herald., 1905-01-14
SOME INDICTMENTS WILL HOLD GOOD Supreme Court Rules on Six
 teenth Circuit Case PRISONER HELD IN WALKER Court Also Holds That Case of Henry Walker Was Tried at Regular
 Term of court-other
 Court Decisions.
PRISONER HELD IN WALK R

Montgomery, January 13-tspeciaD.- The supreme court of Alabama today held that indictments found by the out lawed court of the Sixteenth judicial cir cult were good, if they were secured at the time designated by a good law for tho holding of court in any county af- fected also that a judge recognized as such and performing the duties of the office is judge in fact, so far as a third person is concerned and remains such until his rights are attacked and discred- ited by some court of proper authority,
 Mandamus proceedings were brought by Attorney General Wilson against the judge of the Eighth circuit, to enforce him to restore to the Madison county docket case that had been dropped after habeas corpus proceeding, on the ground that the Sixteenth circuit, in which they were begun, had been adjudged uneon- stitutional. The supreme court held that the action of dropping was wrong that the court, though inyaldated was held in Madison county at the time set by law for the circuit court of that county, and that Judge Paul speake was a de- facto judge, and. therefore, the acts of the court in this case, and cases like it, were legal.
 FOuFIcC0Ln OiTCuits
 In the case of Henry Walker, appealed from the circuit court of Walker county, the constftutionality of the Fourteenth circuit is denied. It is held. however, that there was a circuit court of Walker county and that the case of Walker was tried at a regular term time of that court. He had been indicted and ar raigned at the beginning. however, on a day not authorized by good law, hence the case was reversed, with the under standing that the prisoner be held and the circuit court quash the indictment, It is also held that Judge James J. Ray os the Fourteenth circuit declared uncon- stitutional was a defaeto judge. with all the rights of de jure judge, even though his court had been invalidated.
 The other two cases from Walker coun= ty are in line with the other decisions the Bob White proceedings being brought especially to test this feature of the law.
 Henry Walker Case.
 The Henry Walker case is one of much moment in Walker county. He Is charged with the murder of Mrs Dickinson at Cordova several months ago, and almost killing her husband. Twice he has been sentenced to hang and twice before re- lieved of the penalty by the rearrange- ment of the courts. Though there seems every prospect that the negro will finally be hung it is regarded by many that there is grave doubt of his guilt. In fact, a lawyer who had occasion to examine the papers before the supreme court ex- presses the opinion that there is very in- sufficient evidence upon which to base sentence of death.
 Women in Jail.
 The case of Maggie Johnson vs. the State recalls one of the most notorious tragedies in the state. Down In Butler county J. H. Johnson was accused Of burning a church. Officers were sent to arrest him. He showed fight and called for his gun. At the same time his two daughters, Kate and Maggie John son, came to the rescue. One of them hit Deputy Bryan on the head and he turned loose her father, who turned upon the officer and shot him to death. The other girl had a gun and was finally overpowered. The father and two girls were arrested and taken to jail at Green vile. Habeas corpus proceedings were brought to secure the release of the two girls, which the court of the Second circuit refused to grant. It then came ur to the supreme court on appeal and the lower court is sustained.
 Russell Must Serve.
 J. F. Russell will have to serve twenty years for the state for burglary and grand larceny, being convicted, with Walter Driscoll. of breaking into stores and offices and blowing safes in Mont gomery. The same ruling will apply to Drscoll. The two men were sent to hard labor from Mobile county for a misdemeanor. They were then brought here to answer the felony charges and sentenced after trial to twenty years each. They contended that the officers of this county had no right to take them from the county charge Thhe supreme court holds that they have.
 Supreme Court Decisions.
 The following is the full list of decisions handed down by the supreme court to- day:
 Mcclellan, c. J.-Birmingham Railway, Light and Power company vs. John Glover, appeal from Jefferson circuit court; reversed and remanded.
 Haralson, 1.-The State of Alabama, appeal from a judgment and order of the Judge of Probate of Walker county, denying discharge on petition for habeas corpus affirmed.
 Walter Sims vs. the State of Alabama, appeal from judgment and order of the Probate Judge of Walker county deny ing petition for habeas corpus; affirmed. Tyson, J.-Ex parte the State of Ala bama ex rel Attorney General ct al.. writ of mandamus; writ of mandamus awarded.
 Maggie Johnson ct all vs. the State of Alabama, appeal from an order of the judge of the Second judicial district on habeas corpus proceeding, denying bail; affirmed.