The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-18

y tuted. =
y Under the law the coroner takes y
y the place OF the sheriff In case the o
y latter is unable, under the law. to y
y serve in his official capacity -
Developments came thick and fast yes
terday in the case Of Harry Haynes, who
is charged with killing Thomas G. Hew-
lett and John T. Shugart, In a rencoun-
ter, which took place on the evening of
May In the Peerless saloon, participated
In by Haynes and Hewlett.
The action OF the grand jury, sitting In
special session, in returning an indictment
against the defendant charging him with
murder in the first degree, in the morn
ing, was perhaps the real feature Of the
proceedings of the day. This true bill
charges Haynes with taking the life of
Hewlett.
Following quickly upon this came the
refusal of the sheriff of Jefferson county
to send the defendant to the court of
Judge H. B. Alternately, before whom the
preliminary trial was commenced We'd
nesday afternoon. Judge Alternately made
formal demand for Haynes to be
brought into his court and the demand
was formally refused by Sheriff Burgin.
Judge Alternately then adjourned court
until 10 o'clock this morning, saying that
he would look up the law and see whether
or not the sheriff is liable for punishment
for his action.
Shortly after Judge Alternately called his
court to order yesterday afternoon he told
Judge Zen CASTOR, Judge B. M. Allen
and Frank Catalan, the attorneys for the
defense, that he had been Informed
through the sherff's office that true
bill had been found against Haynes by
the grand jury charging him with murder
In the first degree. This brought on sew
eyal arguments by the attorneys for the
defense.
Remarkable Proceedings"
Judge CASTOR said: IF the court please,
we can see no right the solicitor has TO
stop the proceedings before you. To say
the least of 1t, 1t is remarkable pro-
ceeding on the part of the county So
lcitor. The fact that he cannot boss this
court should be made known TO him.
One thihs CERTAIN INC
not nullfy what has already been done
by this court Evidently an attempt Is
being made to take from your honors
court its rights and jurisdiction.
'The rights of the defendant should
not be ieopardized by this remarkable
procedure on the part of the solicitor
,,u..4t,,, .u,ha oourt has been
Suuee ss,hta,I. .hat tho GRAND Jury
mn NJ e.,..las : -, indictment AGAINST
Ia, r1rs IL Tho premises the only thing
the court can do is to show the solicitor
that | am not AFRAID 10 proceeu anu i0
already knows tnat' 80 .Aa
Judge Alien: IN the eNoiu.i1n 49,
law the solicitor mas eViueh'iy ios' ie"'
of the code.
Judge Allen then proceeueo 10 ieau -
tam sec.ioiis VI tne ,.,a,,,stra.a
to the jurisdiction or mag,sira.e,
Judge Abernathy: Inc soiicitof seeiiiS
to nave charge oi me oorss 49, saorob
Judge CASTOR: i nave iihue sp"iIn
but cannot hhd any ID" ma go -
county SOLICITOR authorily oeer Jams anu
prisons
Deputy Sheriff A. >. Cowah' 1r' was
in the court rooih' anu 'ue' -. ,ls'z
instructed him to go TO the court hcese
and tell the sherin TO SEND haynes 10
the court
Deputy Sheriff Cowan went 10 the sher-
ifs office Immediately ana dehVereo the
message OF the court. oherii, isiii cai i,'
t t,ln and be,d n consultation with
him IT is understood that Mr.. Bradley
advised the sheriff that 1t was left to
bis own discretion whether or not the
defendant should be sent to the court of
I,daa Ahernatbv. When the sheriff haS
enSstod bie talk with Mr.. Bradley -
Ia 70 Mr. Cowan.
'"''
Sheriff Answers Court.
"Tell Judge Alternately that the de-
fendant will not be sent to his court The
solicitor has made a formal protest
against sending him there this afternoon.
TIL tho court that 7 have decided upon
this ston after a consultation with nv
a,tornoy,
Io., char,fe C,owan deIivered the
~ I,,dao Ahernatbv ana tho
,i.saaee
iao,ei az, ,.,o .h,s heor,ro until IN
VIII ..l IN o,oioci, Tn ~
morrow i'ipin .,,, ,rostt.,te for tba mr.