The Montgomery advertiser., 1906-11-15
WEAVERSENDSBRI
pIRMTNGHAa JUDGE DEPENDS HIS
 ACTION.
In Reply to Rule NIsi of Supreme Court Magistrate Claims He Had Juris-
 dlctl0n in Case of
 ,Iohm Williams.


 Birmingham, Nov. 14.--(Speeial.)- )-- Judge samuel Weaver of the Criminal Court, who was cited by the supreme Courts rule ntsi to appear and snow why he interfered with carrying out of the sentence imposed on John Will Hams, who was completed and sen- fenced to death for killing state Sena- tor R. L. Hipp, has prepared briet in answer to the rule ntsi, and coun- sel will present it tomorrow. the date set for the showing.
 Judge Weaver does not Intend going to Montgomery Go appear in person be- fore the Supreme Court, his opinion bee ing that representation by counsel will answer the rule Attorney Erle Pettus and Judge zeII Gaston, who made the fight for williams. win represent Judge Weaver before the Supreme Court.
 As will be remembered, Williams was sentenced to be hanged July 27. The prisoner was in the Birmingham jail for safe. keeping. When the sheriff of CuIirnan County came to Birmingham the day before the date set for the hanging to get the prisoner, Williams dehcd any one entering hisA cell, and the train for CnIlman was missed. Be- More arrangements could be made to carry the prisoner to Cullman. peti- ton for a writ of habeas corpus was secured from Weaver on the ground that the prisoner was insane; that he had lost his mental balance since hls trial and conviction.
 History of Case.
 Judge Weaver heard the petition. and the question of Jurisdiction was raised by the State. Judge Weaver decided he had Jurisdiction, but the rule nlsl came from the Supreme Court which put a stop to all proceedings. and Will Hams was remanded to the custody of the sheriff of Jefferson County to be held until further orders from the judge of the criminal court
 Governor Jelks came Co Birmingham during the proceedings and gave Will Hams a respite for twenty-four hours At the expiration of that time, how ever. the matter was stih before Iudse Weaver.
 Tn answer to the rule nisi issued by the Supreme Court Judge Weaver cites the law as to his Jurisdiction in the case. He states that he also had a right to act, inasmuch as the Cir- cult Court of Cullman, which tried and convicted williams had adjourned, and A general denial Is made of usurpation of Jurisdiction by the judge.
 The brief, or answer, of Judge Wea- yer to the rule nisi of the Supreme Court IS as IolioWs'
 Weaver's RepuIy.
 "Ex parte the State of Alabama, ex rel. the Attorney General in re John williams. Application for prohloi- tion.
 ''The answer of the respondent, s. L. Weaper, as judge of the criminal court of Alabama, to the rule nisi, or prelim- mary, or alternative writ of prohibition.
 "Comes 5. L. Weaver, as judge of the criminal court of Jefferson County, Ala bama, in propria persona, and for an- swer to the rule nisi in said cause, says and ayers the following:
 ''First-That as judge of the criminal court of Jefferson County, Alabama, he had jurisdiction to issue writs of habeas corpus. (Local laws of Jefferson Coun- "seeond-That John Williams was confined in the Jefferson County jail by order of the Circuit Court Of cullman county at the time the writ of habeas corpus in behalf of the said John Will Hams was issued. Cullman County, Alabama, in which the said John Williams was tried, and con victed to death had entered final 1udg- ment against the said John Williams and had then adjourned for the term,
 ''Fourth-That by the sworn petition for habeas corpus. and the eNhiplts thereto attached, 1t was made to ap- pear that the said John Williams. in whose behalf habeas corpus was sought was insane, and had become Insane since the judgment of the Circuit Court of CuIIman County, Alabama.
 "Fifth--That the State would have the right to appeal from any adverse decision in the habeas corpus matter and the State is not now entitled to the extraordinary writ of prohibition.
 'slxth-That as judge of the crimi- nal court of Jefferson county. Ala hama, S. L. Weaver was vested with the Jurisdiction of the subject matter, and that he acquired Jurisdiction Of the person of John Williams, and was proceeding in the manner provided by la wto hear and determine tho truth touching the allegation that the said John williams was Insane and that he had become insane subsequent to his conviction and judgment
 ''seventh-That the State of Ala bama is not entitled in this cause to any writ of prohibition or other re- straining process, against $. l.. WeaV' CT, as judge aforesaid
 "Eighth-It Is expressly denied that the acts of s. Weaver as sald judge, any usurpation of juris- dietiop or power, or that the powA" vested in him by law mas been abused. CT that his lawful 5urisdietion in the