The Montgomery advertiser., 1905-01-14
COURT CLEARS DOUBT
STATUS or INDICTMENTS IN DE-
 FUNCT JUDICIAL CIRCUITS.
some of Them Valid and Others Invalid Hut Prisoners VIII Be Held
 --GOvernor Relieved
 M or Anxiety.

The status of indictments procured in counties composing the short-iived Fourteenth and Fifteenth Judicial Cir cults was determined by a series of de- cisions of the Supreme Court of Ala bama yesterday morning. Some indict- ments are declared valid and another class is invalid.
 The safeguards thrown around the consequences of declaring some indict- ments invalid, such as swift habeas corpus proceedings, relieved Acting Governor Cunningham of much anxiety. The Supreme Court ordered all prison CTS against whom the indictments were declared faulty to be held by the prop CT authorities until new indictments may be framed. If this had not been done by the court and the Governor had not requested the solicitors of the defunct circuits to guard against ha- beas corpus proceedings. there would have been a great deal of confusion.
 The correct interpretation of the de. cisions of the Supreme Court yester- day, Is that the valid indictments of the Fourteenth and Fifteenth Circuits are all which were procured in the re- spective counties at time when they were entitled to courts in regular terms prescribed by the statute which now fixes the terms of the circuits, to which the counties drop back, on &C., count of the unconstitutionality of the Fourteenth and Fifteenth Circuits. The invalid indictments are all which were performed by grand juries at differ ent time from when they would have been gotten had the courts been held at terms prescribed for counties in the circuits of which they are now parts.
 In the case of Henry Walker vs. the State of Alabama. appealed from the Walker County Circuit Court, the Su- preme Court reversed the judgment and remanded the cause ito the end that the Circuit Court may quash the indictment and hold the defendant to answer a new indictment"
 It was also ordered that the defend- ant shall remain in custody until dis charged according to law.
 Acting Governor Cunningham, when informed of the order of the Supreme Court to hold prisoners or defendants until new indictments were made. was greatly pleased.
 T was anxious to get that relief, said the Governor. T had hopes all along that the court would decide about what they did.
 T had written the ex-solicitors of both circuits and requested them to be prepared to meet all attempts on the part of prisoners to gain liberty by habeas corpus proceedings.
 Now that the Supreme Court has remedied it all my anxiety is re- lieved f"
 A sample of a valid indictment se- cured under an unconstitutional cir cult (the Sixteenth) is that against Stoval. who was indicted in the Mad ison County Circuit Court when former Judge Paul Speake, of the Sixteenth Circuit, presided. The case, was trans- ferred to the docket of Judge A. w. Speake of the Eighth Circuit which now comprises Madison County.
 Judge D. W. Speake, entered an or der, when the case was called. striking the indictment from the files of the court Attorney General Massey Will son petitioned the Supreme Court to is- sue a writ of mandamus compelling present Judge Speake to restore the case against Stoval to the docket of the Madison County Court for trial and vacate the order striking the indict- ment from the court files.
 The mandamus writ was granted yesterday by the court, the opinion. of Justice Tyson settling the validity of the indictment.
 The indictment against Stoval hap pened to have been secured by jury organized by Hon. Paul Speake as Judge of the Sixteenth Circuit on Feb ruary 19, 1904 a time that would have fallen within the term of the Madison County Court fixed by the old statute. Therefore. the indictment was held to be valid and the Supreme Court award ed the mandamus writ.
 It is to be concluded that all indict- ments contemporaneous with the old terms of court in the respective coun- ties are valid In these cases, there was a de facto judge presiding over a de .jure court. In the cases where in dictments are invalid there was d de facto judge presiding over what was no court at all because even under the existing statute fixing the terms of the circuits to which the counties in ques- ] tion have reverted they were not en- titled to courts.
 The case of Henry Walker, against whom a new indictment will have to be found revives memories of the hor- TOTS of the crime with which he is charged. Walker was twice sentenced to death for brutally murdering Mag gle Dickerson, a white woman, at Cor dova one night in March, 1903. Tech nicalities have saved his neck and even under the decision of the Supreme Court yesterday he will enjoy a new lease of life.
 The Supreme Court yesterday denied Bob White, of Walker County. his lib- erty in an appeal from habeas corpus proceedings before the Probate Judge of that county White was convicted by a de jure court presided over by a de facto judge at a time and place when court could have been legally held. Bob White, however. will be all lowed a new indictment on the same grounds that were set out In Henry Walkers appeal. This is the result of an order in a separateIcase appealed from the Walker Circuit Court which was held when the Sixteenth Circuit was thought to be in force.
 The status of Walter Sims, who was indicted for assault with intent to ray ish in Walker County, is the same as Bob White, as he also appealed from a habeas corpus hearing which sought to take advantage of the unconstitu- tionality of the Lusk act creating the Sixteenth Circuit.
 BIJOU FAMILY THEATRE.
 Monday and Tuesday,
 with Tuesday Matinee.