The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-27
Judge Weaver Makes Writ Re-
turnab|e This Morning, Thus
Stopping the Execution
MILITIA IS ON ARMS BUT
MAY NOT GO THIS MORNING
Petitioner Sets Up That John Williams
Is Insane and Is Utterly lneap-
able of Realizing condi-
tion of Sentence.
John Williams will not hang today!

John Williams will not hang today!
Judge Samuel E. Weaver Of the GRIM
inal court of Jefferson county granted
.. writ of habeas corpus at midnight last
night on petition of the counsel for the
condemned man, Erie Pettus and F. E.
st. John.
The writ is returnable before Judge
Weaver at II o'clock this morning and
notice of it was served on Sheriff Bur-
gin last night. This writ complexities the
matter considerably. as the sheriff can
not turn the condemned man over to the
cullmsn county authorities this morning.
Insanity Is the Plea.
Insanity is the plea in the petition,
which asks that after Williams is adj
judged insane that he be placed in the
state insane asylum at Tuscaloosa to re-
main until he becomes sane again, when
the sentence of the law may be executed.
1t is claimed by the attorneys for VIII
liams that he has become insane since he
was convicted and sentenced to be
hanged. Under a clause in the common
law it is claimed he may demand trial
by jury to decide whether he is insane.
The writ was issued by Judge Weaver
after a consultation with some of the best
attorneys and some other judges in the
city. They all agreed that the writ could
be issued under the law, and it was ac-
cordlngly issued
Militia Slept on Arms.
The Birmingham Rifles, one of the COM
panies of the Third regiment, A. n. G.,
slept in the armory last night and was to
have proceeded to Culman this morning
with the prisoner. The company was
quietly mustered together last night on
instructions from the governor, who had
been requested to send guard of mill
tary by the sheriff of Cullman county.
1t is not yet known whether the COM
pany will proceed to Culman this morn
ing or not as none of the officers at an
early Houf TINS HloiHli5 h"u pSSh ~
formed of the action of the court which
makes 1t impossible to get possession of
the body of the prisoner.
This is an unprecedented action in the
history of Alabama, and attorneys stated
last night that it was one of the rarest
cases in the practice of law
Following is the text of the petition:
n.4i4taa
"To the Hon. S. L. Weaver, judge of
the criminal court of Jefferson county,
state of Alabama.
your petitioner Frank williams, re-
spectfully represents and shows unto your
honor as follows:
Il. That your said petitioner is citizen
of Cullman county, Alabama and Is
over the age of 81 years.
20 That John Williams of Cullman
county, Alabama, in whose behalf this
application is made, is the father of your
said petitioner, and that the said John
Williams Is imprisoned in the county jail
of Jefferson county, Alabama. by ono
Andrew w. Burgin, the sheriff of Jef-
ferson county, Alabama under and by
virtue of an order or judgment of the
circuit court of Cullman county. Alabama,
a certified copy of which is hereto at
taehed and made a part hereof and
marked exhibit A
'3. That said John Williams was convict
ed of murder in first degree at the May
term, 1906, of the circuit court of Gull
man, Alabama. and sentenced to death;
that on appeal to the supreme court OF
Alabama the said sentence was affirmed
and Friday July 27. 1906 was fixed as
the day and date for the execution of
said sentence. A certified copy of the
Judgment of the said circuit court is
hereto attached and made part thereof
and marked exhibit B. certified copy
of the opinion and Judgment of the su-
preme court of Alabama is hereto at
tached and made a part thereof and
marked exhibit C..
~ That since his conviction the said
John Williams has become insance, and
that the said John Williams is now In
sane.
% That the said John Williams is now
In state of insanity and Is insane, and
that he has become insane since his
conviction, and that he is utterly incap-
able of realizing his condition or the
sentence of the law or the purpose of his
proposed execution.
~ That the detention of the said John
Williams by the said sheriff is unlawful
Wherefore, your said petitioner prays
that a writ of habeas corpus be issued I'M
mediately. directed to the said Andrew w.
Burgin, sheriff of Jefferson county Ala
bama, commanding him to bring the body
of the said John Williams before your
honor, at time and place to be by you
appointed, together with the cause of the
detention of the said John Williams.
"And your said petitioner further prays
your honor that your petitioner may then
and there have jury trial of the Issue
OF insanity. vel non. Of the said John
williams and hereby demands a jury
trial of said issue. and further prays your
honor that If it be determined or ad-
Judged that the said John Williams Is
now insane. that an order be made con-
dining the said John Williams in the Ala
bama insane hospital In Tuscaloosa, Ala
bama, until such time as he may be-
come sane when the sentence of the law
can be executed upon the said John VIII
uams. FRANK WILLIAMS.
Erie Pettus, Petitioner.
~ z St. John.
axA