The Montgomery advertiser., 1906-08-07
RULE NISI IS ASKED
ACTION BY JUDGE WEAVER IS
 sTOPPED.
Attorney General Massey Wilson Makes Application Before Chief Justice Weakley--Case to Come up
 in November.

ably determine whether or not Judge Samuel l. Weaver, of Jefferson county, has Jurisdiction over the body of John Williams. the man tried and convicted in cullman county for the murder of State Senator Robert L. Hipp, and who escaped the gallows Friday, July 27, by reason of habeas corpus pro- ceedings set for a hearing today. s
 When the case was called notice of application for a rule nisi from the Supreme Court was served on Judge
 Weaver, and Chief Justice Weakley
 made an order stopping all proceed
 ings for ten days. Attorneys for both
 sides have been asked to file briefs
 with the chief justice on whether or
 not the allegations warrant rule f,isI,
 and whether or not justice has the
 right during a vacation of the Supreme
 Court to Issue a rule or make writ
 of prohibition.
 Application for the writ of prohibi-
 ton and rule nisi was made by Mas
 sey Wilson, attorney general of Ala
 bama.
 In the event the rule nisi is granted the question of Judge Viewers Juris- diction will be heard in November by the Supreme Court. Should It be de- nied, Judge Weaver can take up the
 case where he was ordered to stop today. In all events, John Williams.
 the condemned man, will got long lease on his life while the knotty le- gal problems are being unravelied The petition for the rule nisi which was filed with Justice Weakley by Massey Wilson, gave a fullh istory Of events that have transpired in the VII Hams case since the condemned mans attorneys awoke Judge Weaver at 2:30 o'clock on the morning of July 27, and succeeded in getting him to con- ciAer fhair annIiaaffnn a hahpa 9 corpus. It told of the motion made by the state to dismiss the application on | the ground that Judge Weaver did not have Jurisdiction, of Judge Weaver's everything of the motion and of the determination to hear the case today. After giving all the details of the case l the petition says:
 That the said Hon. s. L. Weaver. as associate judge of the criminal court of Jefferson county, was without juris- diction and had no authority to grant l the writ of habeas corpus hereni before referred to and was without Jurisdiction i to make the order herni beore re- | ferred to, and was and is exceeding his l jurisdiction and authority in ordering | that the said John Williams be kept | in the custody of said sheriff of Jeffer- | son county, and that he be brought | again before the said criminal court | of the said Hon. s. L.. Weaver as judge l thereof
 "Thot the said conduct and order of I said Hon. S. L. Weaver, as said judge. l have had the effect and are now hav- | ing the effect of preventing said Will I Hams from being delivered to the cus- | tody of the sheriff of Cullman county, | and of preventing the execution of the | sentence as hereinbefore referred to,
 and of withholding said Williams from I the jurisdiction, custody, power and I authority of the circuit court of Gull l man county. That said judge, after ! overruling the motion to dismiss the | writ of habeas corpus, set for Monday, | August 6, 1906, as the day for the trial i of said John Williams to determine | whether or not said Williams Is in-
 sane and Is threatening and preparing | to proceed, and will unless prevented by your honor, proceed with the trial 1 of and issues, notwithstanding that l he has no Jurisdiction In the premises
 either as court or as a judge "The foregoing application having l been presented to me for a rule nisi, in
 accordance with the prayer of the pc. | tition on Saturday. August {. 1906. al 1 10 o'clock ?. m., and the supreme court
 being now in vacation and the time of
 the presentation not being opportune for the due consideration. by the under l signed, of the petition, 1t is therefore
 ordered that the attorney general or
 the attorneys associated with him give
 notice to the Hon. s. L. Weaver, judge and to Frank Williams ,or his attor- | neys, of this application, and that each
 side be allowed ten days from this | date within which to file briefs upon | the questions; first, whether the pe- | tition makes case authorizing a rul0
 nisi; and, second, whether during the
 vacation of the supreme court a jus- l tice thereof has authority to entertain | RHAv r~. tE. grant rule nisi upon said application. | and.. pending the consideration of this application by the undersigned, the said s. L. Weaver will suspend proceed ings in the matter of said habeas cor | pus. Done at Birmingham, Ala, in | chambers. August 4, 19O6
 (Signed) IS. D. WEAKLEY. "Chief Justice" Judge Weaver entered the following order on the habeas corpus docket:
 This cause has passed pending an
 order from the Chief Justice of the Su- proceeding. is duly suspended until fur ther direction from the Chief Justice of
 the Supreme Court.
 (signed) "s. L. Weaver, Judge. Etc"
 The following order was written on
 the papers submitted by the attorneys for the prosecution, one of which was
 the notice of the application for the
 rule nisi:
 "The within writ being presented to
 the undersigned. and to attorneys for Frank Williams, F. E. St. John, Earle court room, and service accepted, all further proceedings in said petition for writ of habeas corpus are suspended | Hon. S D. Weakley, Chief Justice of
 the Supreme Court of Alabama. This August 6, 1908.
 (Signed) IS. L. Weaver, NIi1dnn