The Montgomery advertiser., 1905-08-12

son be sworn. This was objected to by his attorney, Judge Partridge wno argued that 1t was his constltutiohai right not to get on the stand ana io make out a case for the State ms point was argued at some length py both of the attorneys and finally tne objection was overruled by Mayor At, kins who asked Mir. Nelson to stand 1 Mr. Nelson at first objected to this and said that he would not wave ms constitutional rights" He then sat down but after a moment arose ana took the oath Of the court, saying no ouestions." He then took the wit ness chair and Attorney Jenries asked him:
 Neflson Sentenced to Jail.
 MT. Nelson refused to answer the question and finally MT. Jenries arose and asked Mayor Atkins that he be properly punished f0r Was ase aPrgued briefly and Mayor Atkins stated at It's conclusion that he felt it his duty to punish MT. Nelson for the offense ana to uphold the honor of the court ana that he would conflne him to jail for the offence.
 His decision came as surprise to everyone in the court room and caused some consternation among the assem-
 
 said that he deemed it his duty to punish MT. Nelson for the offence every one in the court thought that me would be placed on him and could hardly believe their ears when ne was the question that had been propounded to him.
 After rendering his decision for s,t the ne sIn'emRa Mr gefrries @. Goa to find the law for him which specified the terms of connne, ment. The law was finally found ana MT. Nelson was ssntenced .S pr priSed hed committed. After 0 consultation With his client Judge Partridge left the court room and soon after police court aa. were instituted before Probate Judge
 The habeas corpus proceedings began before Judge Pitts at bif baiif' aIu Tba ute anes- tion involved was an interesting one and attracted large number or iaW, yers who went to the court Ron nouse o,,i1 o gems were present as it was not gen orally known that an important case as was to be decided which involved the the liberty of one of the selma s ieauihs citizens for ten hours.
 When the court convened demurrers and ayers were made by both sides ana argued. The demurrers and answers rs were made orally as there was not time to write them out but they Will be put in writing and given to the court later. MT. Jeffries opened the proceedings by going over the case at some length and citing to the court various points of law. He was TOT, lowed by Judge Partridge who charged Mayor Atkins's proceedings as inauls- itoral and not according to any reeu- lations that governed any court in the land to elicit evidence from the de- fendant when he did not want to testl- fy and when he refused to do so to sen, tence him to jail for having observed his constitutional rights. MT. Jenries replied to Judge Partridge's in orief fendant had been imprisoned
 Various books from the court house library were brought in the court and Judge Pitts looked up different decis~ ions in similar cases and hnaliy ren- dered his decision after reviewing the case from the demurrers and answers that he had heard. He finally said that according to the law as he nn- derstood 1t that MT. Nelson was guilty of no offense and that he dlscharged him. MT. Jeffries on behalf of the city then gave notice that an appeal would be taken to another court.
 The case against MT. Nelson on the charge of carrying on business for the loan company without license was not heard in court this morning and after Mayor Atkins had sentenced MT: Nel.
 iIe case was continued until next
 Ay morning. Duces tecum sub
 were ordered to be served on
 Mr. Nelson and MT. Perrin to
 the books of the company in
 on that day.