The Montgomery advertiser., 1905-11-01
NEW BALDWIN CORONER
M,PHAUL GETS OUT, MKENxI1
A.otssr Chapter I'm Fight netween
Dsphne and Bay Minette fer
Court House-situatfen
N Interesting.

pointed N. q. mckenzie OF Dapnne,
| coroner to succeed A. y. McFnaui OF.
! Raw Minette, who had sent In his resig-
| afton of the once Monday. Mr.. Me-
Pbaul was appointed coroner only .
| few days ago, and, according to his
friends who were in the city yester-
/ day, he decided to resign for purely
| personal reasons"
The retiring coroner declined to make
public the difficulties that confronted
him In continuing in office, but he has
assured the Governor that his action
was entirely devoid Of politics
The resignation itself was communi-
Gated to the Governor by wire Monday,
and the Governor concluded to accept
II after getting a full explanation Of
Mr.. McPhaul's resignation. The APP
pointment of Mr.. Mckenzie followed
the acceptance of Mr.. McPhauFs resig-
nation, and the Governor at II o'clock
Samuel B. Browne of the Thirteenth
| Judicial Circuit OF the appointment OF
| a new coroner for Baldwin County.
| 1t is known that Mr.. Mckenzie il
more to the liking OF Judge Browne as
! a coroner than was Mr.. McPhaul. Judge
Browne had made the statement that.
| according to his most reliable fnforma-
| ton, Mr.. McPhaul. the frst appointed.
was a deputy OF Sheriff j. M. Armstrong
and those other county officials who
were opposed to holding court IN
| Daphne. In special to The Advertiser
| from its Bay Minette correspondents,
Sheriff Armstrong makes a strong de-
| NAL of this insinuation and sets up the
claim that Mr.. McPhaul was non
| partisan and has never served as
deputy sheriff while he has been IN
office.
| Not only is the new coroner said to
1 be satisfactory to Judge Browne, who
still holds court at Daphne In prefer
| ence to Bay Minette. but 1t Is said that
| he is satisfactory to the Daphne fac
! ton of the court house controversy.
/ Mr.. Mckenzie was one OF the original
applicants for the office at the time
| that Mr. McPhaufss name was pressed
| for the place. He was recommended
| by Acting Circuit Clerk e. q. Norton OF
/ Daphne, who signed himself as the
chairman of the Citizens COMMITTEES,
appointed at mass meeting or Bald
| win County citizens. -
The attitude of Mr.. Mckenzie In the
auandary in which he Is now placed
| will be watched with interest. 1.-THE
question uppermost In the minds Of
the legal combatants of Baldwin Is,
will he arrest Sheriff Armstrong for
dfsobeying the orders of Judge Browne.
who. when he opened court at Daphne.
called for that officers regular SER
vices?
In the application of Mr.. Mckenzie
were included petitions for the APP
pointment of coroner and sherin OF
baldwin County from citizens not only
of Daphne, but of Point Clear and FAIR
Hope. The petitions from these places
ala not specify any names. but told OF
the need Of sheriff to serve the
| Daphne court In case of the failure OF
Sheriff Armstrong to show up ana OF
! a coroner to arrest him for the dere-
fiction. b
II was thought for time in Mont
Iaomery that Mr. McPhaul would be
subject to the fine imposed by Judge
Browne for his alleged failure to arrest
the sheriff. The Judge has been I'm
ing all the regular court officers when
they failed to appear each day of the
! empty procedure with the records and
a day or two ago the fine was imposed
on Mr. McPhaul, but his friends as
} sert that he had sent in his resigna-
ton to the Governor before the punish
+. ment was ordered against him and that
therefore he was not amenabie to the
courts orders.
It is understood that Mr. MCKENZIE
! appointment is satisfactory to Sheriff
Armstrong.
: Bay M.nette, Oct. 31.-(Special.)- -FoI
I reasons that he says, are purely of a
personal nature Coroner A. D. McPhaul
. yesterday wired the Governor his res
ignation.
g When the news of his resignation
, first reached Bay Minette from Mobile
from which point the telegram was
written and sent. 1t created lot OF
comment, but upop the arrival here OF
t Mr.. McPhaul his explanation was said
I to be good one by every one who
b heard it.
r He explained the situation to the
Q Govern or in detail and 1t is understood
{ that the Governor is satisfied with 1t.
o 1t is understood there were three
b applicants for coroner. f. @. Norton
o w. J. Mason and N. G. Mckenzie, all OF
Daphne From these the Governor Sc.
d lected Mr.. Mckenzie. What he Will dc
d in the premises is not known.
Sheriff Armstrong and Clerk Volts
d are still holding their offices and rec.
$ ords at Bay Minette. The sheriff saws
that he stands on what he considers
good legal advice and does not conside,
that any order of Judge Browne IL
}. legal even for his arrest. He further
: says that he has learned that Judge
t Browne has stated that Mr.. McPhau
v was deputy sheriff under him. Sheriff
a Armstrong says this statement is with.
:, out foundation.
ell The couI thcuse situation grows more
interesting as the term of court gets
nearer to an end. Saturday next the
! term expires and what will transpirt
Il between now aad then is not known
Upon the adjournment of court al
Bay Minette last Wednesday by statute
of limitation, the circuit clerk, ]. NJ
Voltz, issued the usual certificates Ia
the Jurymen. The county treasurer be-
Ing Daphne man, was not present On
Saturday morning when Judge Browne
took recess at Daphne until Monday
ne instructed Pro Tenn Clerk E. Q. Nor
ton to issue certificates to those jury
men present at Daphne and also in
structed the treasurer to pay them. Al
though the treasurer Is in favor of
Daphne, and had the cash on hand for
the purpose he refused to pay anyone.
II is said that the agentefor his bond
ing company notified him not to pay
out any money except on paper signed
by the regular circuit clerk. 1t is also
said that the sheriff has been advised
from the same source rot to go to
Daphne.
Amid all the turmoil and confusion
the clerk and sheriff are as cool and de-
liberate in their actions as IL nothing
out of the usual line of action was
taking place.
In regard to the fine and sentence
against Coroner McPhaui. he holds that
he had resigned several hours before
they were assessed, and he had per-
sonally notified the judge of that, fact
Notwithstanding all the confusion.
the records of every county ,official still
remain at Bay Minette.
FOUR H0rIRS, LIBERTY