The Birmingham age-herald., 1906-11-15
WEAVER ANSWERS
 SUPREME COURT
John Williams Case Figures
 Again Before the Courts
CLAIMS HAD JURISDICTION
Petitions Alleged That Williams Had Become Insane Since the Judg- ment of the Circuit Court
 of cuIIman County.

Judge Weaver has prepared his answer to the rule nisi of the supreme court. and will have il submitted before that court today
 The answer covers the whole ground, and states he had jurisdiction to issue writs of habeas corpus in such cases. In conclusion he asks that the writ of prohi- biton and rule nisi be discharged.
 The following is Judge Weaver's an- swer:
 llX parte the state of Alabama. ex rel. the attorney general in re John Williams. Application for prohibition.
 The answer of the respondent, S.. L. Weaver, as judge of the criminal court of Alabama. to the rule nisi or preliminary, or alternative writ of prohibition.
 Comes s. L. Weaver, as judge of the criminal court of Jefferson county, Ala bama, in propria personna, and for an- swer to the rule nisi in said cause, says and ayers the following:
 1. That as judge of the criminal court of Jefferson county, Alabama, he had jur- isdiction 70 issue writs of habeas corpus. (Local laws of Jefferson county, 601.)
 ?. 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 Williams was issued.
 3. That the circuit court of Cullman county, Alabama, in which the said John Williams was tried and convicted to death, had entered final judgment against the said JGhn Williams and had then ad- Journed for the term.
 4. That by the sworn petition for ha- beas corpus, and the exhibits thereto at tached it was made to appear that the said John Williams, in whose behalf habeas corpus was sought, was insane, and had become insane since the juds- ment of the circuit court of Cullman county, Alabama.
 5. 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.
 6. That as judge of the criminal court of Jefferson county Alabama. s. l.. Weaver was vested with the jurisdiction of the subject matter, and that he &C., quired Jurisdiction of the person of John Williams, and was proceeding in the man. ner provided by law to hear and deter mine the truth touching the allegation that the said John Williams was insane and that he had become insane subse- quent to his conviction and judgment.
 '. That the state of Alabama Is not entitled in this cause to any writ of prohibition or other restraining process, against s. L. Weaver, as judge afore- said.
 s. It is expressly denied that the acts of S. l.. Weaver, as said judge, consti- tuted any usurpation of Jurisdiction or power, or that the power vested in him by law has been abused or that his law ful jurisdiction in the premises has been exceeded in any particular.
 Wherefoie having fully answered, your respondent prays that the application for a writ of prohibition be dismissed and that the rule ns heretofore granted in the said cause be discharged. and that he be allowed to go hence without day.
 (Signed). s. l.. WEAVER, As Judge of the Criminal Court of Jeff
 ferson County. Alabama.
 The proceeding in the criminal court of Jefferson county which led to the fore going are still fresh in the memory of the people.
 John Williams had been convicted in the circuit court of Cullman county of the murder of State Senator Robert l.. Hipp and had been brought to Jefferson county jail for safe keeping.
 On the eve of the day set for the execu- tion in Cullman, Williams son instituted habeas corpus proceedings alleging that John Williams had become insane Judge Weaver issued the writ and Williams was detained in Jefferson county beyond the day set for the execution.
 The rule nisi was issued by the su- preme court citing Judge Weaver to show cause why he interfered in the case.