The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-28
QUESTION or JURISDICTION
is ARGUED BEFORE WEAVER
Pettus and Bowie, Respectively, Made
Pleas for Prisoner and for State.
Court Opens at O'Clock
This Morning.

John Williams. sentenced to be hanged
In cullman for the murder of state Sen
ator Robert L. Hipp, remains in the
Jefferson county Jail awaiting the decision
of Judge S. L. Weaver of the criminal
court in the habeas corpus proceedings.
An important development last night
was the issuance of respite by Cover
nor Jelks until today, the effect of which
will be to cause the execution of the death
sentence on the prisoner in case Judge
Weaver decides this morning that he has
no jurisdiction.
After the arguments in the habeas cor
pus hearing yesterday. Judge Weaver said
that in view of the importance of the case
he would not give his decision until this
morning at o'clock.
But for the fact that Judge Weaver
signed the petition for writ of habeas cor
pus of Frank Williams. in which it
was set forth that since conviction his
father had become insane. and is now in
sane, John Williams would, according to
his sentence, have been hanged yesterday.
Whatever action Judge Weaver may
take this morning the prisoner will have
been given another day of life. The respite
issued by Governor Jelks, who was at
the Hotel Hillman last night, was signed
at 1920 O'Clock, and was duly served on
Sheriff o. Rear of Cullman county, now in
Birmingham.
Tf,a Eaanifa VI
The governors respite reads as follows;
Because of writ of habeas corpus
pending before the Hon. S. l.. Weaver
Judge of the criminal court of Jefferson
county, Alabama, and in order to give said
Judge time to determine whether he has
jurisdiction over the subject matter of
the writ, John Williams or Cullman coun-
ty, sentenced to be hanged on this the
27th day of July, for the murder of Robert
L. Hlpp. is hereby respited until Saturday
the 2sth day of July. 1906
civilian D. JELKs, Governor.
This 27th day of July. 1906
Momentous Day for Prisoner.
II Judge Weaver, this morning. decides
that he has no jurisdiction, John Williams
having lived one more day than was fixed
by his sentence, may yet be hanged be-
fore night. If he decides in favor of the
prisoner, however. Attorney Erie Pettus
who has made such gallant fight for the
life of the condemned man, will ask that
his client be adjudged insane and commit
ted to the asylum at Tuscaloosa, there to
remain until his reason shall have been
restored and the law can enforce its man
date.
The military which waited at the court
house yesterday to guard John Williams
to Cullman where the death sentence was
to be imposed will again, at the request
of Sheriff ORear, be at its post today
The special train to convey the man
whose life hangs so uncertainty in the
balance will be in readiness at the station.
Nine o'clock this morning is the hour
fraught with most solemn meaning to
John Williams. The drama of life so far
as he is concerned may soon be played to
the end The last curtain may fall with
the black cap at Cullman Or the vista
may open up leading only to the insane
asylum.
Williams in Court.
The room was crowded when Williams
few minutes before II o'clock was
brought into court. His eyes as result
of his experience of the night before
when it became necessary for the sheriff
IN order to subdue him to have several
bottles of ammonia broken in his cell,
were very red and swollen. With signs
of suffering In his face and broken in
body he looked like a man who had been
through the death watch. He appeared
calm
At 11:15 the court was called to order
and the case was opened Attorney Erie
Pettus asked that date be set for the
investigation as to the sanity of Williams
as outlined in the petition filed the night
before. He asked for time for witnesses
10 be brought from Cullman. Coffee and
Jefferson counties and that the prisoner
be remanded to the custody of the sher-
If Of Jefferson county. At this juncture
Congressman S. ]. Bowie entered the
court room and announced to the Judge
that he had received a telegram from the
governor requesting him to represent the
state.
Question of Jurisdiction.
The question of the courts jurisdiction
WAS rdlSeQ ny oOllSilOI Iltiiln anu OOn-
gressman Bowie. The attorneys for the
defense Erie Pettus of Athens ST. John
of Cullman and Zell CASTOR asked for a
continuance, whereupon the states at
torneys presented the following motion:
The state of Alabama VS.. John Will
iiams.
In the criminal court of Jefferson coun-
ty In the matter of the petition of Frank
Williams to grant a habeas corpus to
the Hon. A. w. Burgin, sheriff of Jeffer-
son county Ala. commanding him to
bring the body of John Williams before
this court, comes the said A. W. Burgin
as such sheriff and the state of Alabama.
by its solicitor. H. P. Hefin. jointly and