The Montgomery advertiser., 1905-11-09
STORY OF THE TROUBLES
OVER BALDWIN COURT HOUSE

of Alabama, a Judge is obliged to have
a sheriff to open court and a clerk to
record its workings. 1t Is also abso-
lutely necessary to have records OF the
former proceedings of the judicial, body.
The sheriff, the clerk, and the records
were in Bay Minette. The shertn re-
fused to bulge toward Daphne, and the
clerk also developed a desire to stay at
his home, sweet home, and everybody
in Bay Minette refused point blank to
take the records to Daphne and also
had a fixed opinion as to letting any
body else take those records.
Wanted-A Coroner.
There is but one man in a county
empowered to arrest the sheriff: TIE Is
the coroner, and Baldwin County failed
to possess an officer OF this kind.
Judge Browne, indignant at the actions
of Sheriff Armstrong and Clerk Voltz.
asked the Governor to appoint coroner
In order that the two above named Of
ficials might be forced to find their way
to Daphne.
The Governor acceded to the request.
He appointed one A. d. McPhaul. Judge
Browne did not like the intimacy that
existed between McPhaul and Arm
strong. He wrote the Governor a
letter in which he suggested in no un-
certain terms that McPhaul was nearly
as black in his eyes as Is Armstrong.
McPhaul promptly resigned, voluntari-
". The Governor then appointed Mr..
Mckenzie. who is regarded as one Of
Baldwin County's best and most conser-
vative citizens.
In the meantime Judge Browne had
deputized his Solicitor, Rittenhouse
Smith. to proceed to Bay Minette and
effect the arrest of Armstrong. Soil
citor Smith went He met Armstrong
and words were passed. Some OF these
words, 1t Is SAID, were Of the invective
class. 1t is also said that Smith was
struck with considerable force by
Deputy Sheriff Cooper. He left Bay
Minette without Armstrong, Voltz, or
the records
Coroner and Sheriff.
Then came Coroner and Acting Sheriff
NICK enzie to Bay Minette. accompanied
by a few deputies. Armstrong re-
FUSED to 60 to the court house, or to be
arrested, but later made an appoint
ment to appear personally before Nc
Kenzie This he did in the Bay
Minette court house, and then and there
Mckenzie served a warrant for his ar
rest.
Armstrong refused to accept the SER
vice on the ground that the warrant
was illegal. Mckenzie and his deputies
left Bay Minete. Armstrong, Voltz
and the records were left behind them.
In the meantime, Judge Browne had
been daily converting court in the little
frame court house in Daphne. A crier
yelled 20 yez! o Yez! the Honorable
Circuit Court of Baldwin County is now
in session." and then cried 20 Yez! O
Yez, the Honorable Circuit Court OF
Baldwin County has now adjourned"
Monday things came to a crisis. Under
the authority of Judge Browne, Sheriff
Mckenzie began the organization of a
strong armed posse to march to Bay
Minette and seize the records of the
court and the prisoners in the Jail, even
ass did the Bay Minette men in 1900
The sheriff worked quietly. 1t was the
plan to take Bay Minette by surprise
But hardly had the organization begun
when Bay Minette was in possession OF
all the news at Daphne that was true
and a good deal that was not true.
some Armed and Some Not.
A goodly throng Sheriff Mckenzie
gathered. Estimates Of the special dep
uties number run anywhere from sew
| enty-five to $50. Some were armed and
Daphne's best citizens and some who
were iumbertacks in the neighborine
| pine woods. Their arms were as varied
| as the men. Some carried the most
| carried an obsolete pistol of Mexican
| War service. There were the most APP
! proved hammerless shotguns and mug
| zle loading squirrel guns. Men ran ia
and others rode for vehicles to take
the company overland. Not enough We
| hicles could be secured and boat was
| chartered to take the deputies to Mo-
bile. thence by rail to Bay Minette;
| which arrives at Bay Minette about
o'clock in the morning, and with this
| intention the party landed in Bienville