The Montgomery advertiser., 1906-07-29
Insanity Plea to Be Heard.
 August $.
CROWD CHEERS THE DECISION
Governor Jslks Washes His Hands
 Of the Case.
May Be Loophole In the Law which Only the Legislature Can Eem- edy--collection For condemn-
 cd Mans Son.

Birmingham. July Especial. )--In the presence of several hundred men. Judge Samuel l.. Weaver. Associate Judge Of the Criminal Court of Jeff ferson county. overruled the motion presented yesterday by Congressman Sidney J. Bowie. as representative of the State in the case of John Williams. the condemned Culiman county far mer. who was to have been hanged Fri day. July 27. for the murder of State Senator Robert L. Hipp.
 There was loud cheering in the court room and hats were thrown into tho air, so intense had become the inter est in the case. The motion of Con- eressnnan Bowie was as to non-turis- diction of Judge Weaver to hear the petition of attorneys for the condemned man for a habeas corpus to show that the man was insaDe and should not be hanged as decreed by the court of cullman county and the Supreme Court
 Immediately following the decision. that hs would overrulA tke motion pre- sented by MT, Bowie. Judge Weaver announced that he would set the hear ing in regard to the habeas corpus for will pass on the matter, Of giving a trial to the condemned man before a jury as to his sanity.
 Judge Weaver made note on his . announced that the court stood adjourned. At the request of one. of the attorneys for the condemned man. the prisoner was re- handed to the custody of the sheriff of Jefferson county with instructions to hold him until the date set for the trial
 A collection was started in. the court house for Frank Williams. son of the condemned man. and nearly fifty dol- lars was raised in few moments. It a4scn NM MT1% Nn2 1n& AHA AL. Jefferson County Savings Bank would receive further donations to the fund heinz collected for the son of the con- demned man.
 Carried Rack Te JaiI
 Ths elder Williams was handeuffsd after Judge Weaver passed on the arE Eunsnts as t1 the jurisdiction of the court fo sit on the case. and he was removed to the county jail The Fnfi- itary was not in the vicinitvs of the county 1sn today. It is estimated thar in the court house. including those in ! the criminal court room and in the Railways. no less than two thousand men gathered this morning The en- tire city was Interested in the matter and newspaper offices were teiephoned from all suburban towns in regard to the decision of Judge Weaver
 Williams, the condemned man. who was to have been hanged yesterday in cnlIman, wept with joy in the court 
 bv Judge Weaver. He had nothing to say when approached. His appearance today was improved over what 1t was yesterday, Last afternoon he still sui fered from the ammonia which was thrown into his face to subdue him while he was resisting the sheriffs and deputies and to prevent his being re- moved before train time. the incident that saved his life, no doubt. He was placed in the same cell which he has occupied for some months with the death watch looking at him all the time When he was behind lock again he gave a sigh and appeared to be Sat isfied
 Many attorneys of the city and coun- ty who were at the court house to hear the decision of Judge Weaver, rushed forward after the entry had been made in the docket and congratuIated the sttorneys for the condemned man. The matter was the topic of discussion on all sides of the city and much sympa- thy was expressed for Williams. The Birmingham Bee, sensational weekly. came out today and had a lengthy att tack on Governor ". D. Jelks
 Governor Jelks spent today in Birn- ingham. This afternoon he was seen by a newspaper reporter and he stated that he is through with the John Will Hams case. He said that if an appeal is taken from the decision of Judge Weaver. who held that the Criminal Corut of Jefferson County has juris- diction over the body of Williams, the man condemned to die. and whose exc cution was stayed yesterday by a. pe- tftion for a writ of habeas corpus, it will have to be taken by Solicitor Hehin of Jefferson County or by the Solicitor of Cullman County in which county Williams was convicted.
 The Governor Talks.
 'If Judge Weaver's position Is right" said Governor Jelks. Ian impossible condition of affairs exists. The Leg islature may doubtless have to enact laws covering the point. He said fur ther that if there was an appeal taken and the Supreme Court held. that Judge Weaver is right. there is a loop hole in law that will have to be remedied by the Legislature.
 The action of the Governor in grant ing a respite to Williams for twenty four hours Is thought to have solved what would otherwise have resulted if a knotty legal t>ngle. and which. if the writ of habeas corpus were re- fused. might have resulted in the free ine of Williams on a teehnicality.
 By the decision of the Supreme Court John williams was to be hanged July 57 If the sentence were not carried out by that time. it was no fault of the court John Williams. in the tech nfcal sense. was dead. He had been executed No execution after July 27 had been provided TOT, ana he could rot he hanged later than that date, by the courts direction, as the courts had not previously stayed his sentence. and therefore he had passed out of their Jurisdiction.
 This state of affairs might have been altered somewhat if the prisoner had in any way been responsible for the delay. If proceedings instituted by him had delayed the execution of the .ourt's sentence the court could still lawyers say, have control over the date of erecution As 1t happened. however John Williams made no plea for in- sanity proceedings. These were made by Frank Williams. his son. The delay was granted by the court of the State John Williams was a passive figure. He was there to suffer the extreme penalty The courts. however. would have been responsible for the delay ana mon them would have rested the burden of responsibility for the non execution of the sentence.