The Birmingham age-herald., 1906-05-12
COURT CONTINUES
 TRIAL OF HAYNES Several Witnesses for the State
 Were Absent MOTION WAS RESISTED
Solicitor Hefln Declared Defendant Would Remain In County Jail un- til Grand Jury Investigates
 Killing of Hewlett

l After hearing arguments from bott
 sides, lasting nearly an hour, Judge H
 B. Abernathy yesterday afternoon grant.
 ed continuance of the preliminary hear.
 ing of Harry Haynes. charged with kill
 ing Thomas G. Hewlett In the Peerless
 saloon Friday evening. May 1, unti
 Wednesday afternoon at o'clock, The
 motion for a continuance of the trial was
 made by the state, and although It was strenuously fought by the attorneys for l the defendant. the court held that inas- | much as several of the witnesses. whose l testimony it was said, would be mpor- tant, were absent, the only proper pro cedure would be 10 continue the hear I ing.
 l During his arguments for continuance
 Solicitor Harrington P. Hefiln declared
 that he would exercise his power to swear I out additional warrants for the arrest of
 Haynes if the preliminary trial was held
 and the defendant allowed bail. Judge Abernathy asked the solicitor what he
 meant by referring to the probability of Haynes being allowed bail, and MT
 Hefln replied that he only suggested 1t
 in a hypothetical way.
 The second division of the inferior court
 Of Birmingham, over which Judge Aber-
 nathy presided. was crowded when the
 case was called yesterday afternoon at 2 | o'clock. Every seat was taken and nttor- | neys, court officials and spectators crowd
 ed around the benches, desks and other available space in the court room.
 At 1;45 o'clock Judge Abernathy tele- phoned to the sheriffs office and asked
 that the defendant be sent down to the
 court room, about block distance Haynes, accompanied by Deputy Sheriff
 Hamilton and Judge zell Gaston. one of l his attorneys, appeared In the court
 room fifteen minutes later. He was greet l ed by several persons as he entered the l court room.
 Attorneys In the Case. | Judge B. M. Allen, Judge Gaston and | Frank Cahalan appeared as the attorneys | for the defendant, and the state or pros- I ecution was represented by Solicitor | Hef1in, Edward w. Winston, one of his assistants, and Attorney P. P. Daugette. l Attorney Robert J. Lowe conferred with | Solicitor Hefin frequently, evidently on l points of law
 When the case was called the solicitor asked for the warrant for the arrest of Haynes, which was handed to him by the | court. his warrant was sworn out before | Judge Abernathy last Saturday evening | by Deputy Sheriff George W. Courson, and | was served upon the defendant at the county Jail immediately. The warrant was sworn out just twenty-four hours after | the shooting occurred. During the pro- oap6ppc aft no m was made of the late John T. Shugart, whose death is also supposed to have been caused from the effects of bullets fired during the encounter between Hewlett and Haynes.
 In his opening remarks asking for a con tinuance of the preliminary hearing Solic- !. i,or Hefiin said
 .'The state is not ready for trial inas- much as the coroner of Jefferson county | has been engaged in making an investiga- | tion and his task has not yet been com | p1eted. Then, too, the grand jury has been I called In special session to investigate this I and other killings. I can see no reasons | why this case should be entered into just | at this time, good that can be accom- plished by going into the prelicinary trial | of MT Haynes.
 | to thoroughly investigate than we have. 1 We have only a part of the witnesses, | and don't know who all were in the sa- l loon at the time of the shooting. We | think there were others who were there I and have not yet been found, although We
 are still conducting vigilant search for | them. We are going to try and get all
 of the facts in this case
 | "I cannot understand why preliminary l hearing Is insisted on Just at this time.
 The only purpose l can see in 1t is to give | the defendant bail. perhaps. It Is not a | hardship upon any man to remain in the | county jail until the grand Jury can in- | vestigate his case. where he has killed one | man. and perhaps another and wounded l three others"
 Replying to Solicitor Henin, Judge AL | len said:
 Judge Allen Replies.
 "It is not matter of a hardship if
 the court pleases, but it Is a matter of the right a man has for preliminary trial
 at the proper time. and we think this IS
 the proper time in this case. The defend | ant has already been in Jail for a week | "The grand jury has been called in spe- | cial session. at the suggestion or recom- mendation of the solicitor, so I understa nd from the daily press. The one good req 1 son for having preliminary trial at this l time is to perpatuate all of the testimony, | and the defendant certainly has such Il l right. can cite to the solicitor the re-
 cent case of the State ys. Wray where I the state insisted on A preliminary before 1 the coroner had completed it's investiga- 1 ton.
 "The defendant cannot participate or be | represented at either the coroner's inves- 1 tigation or the sessions of the grand jury, 1 The grand jury can indict almost any | body when only the state is represented l if the court pleases On the other hand | the coroners findings are not binding on | this court"
 Judge Abernathy: "The fact that the l coroner is conducting an investigation does not seem to me to be any proper | ground for continuance of the prelim- l mary trial. But the fact that several wit nesses appear to be absent Is another proposition"
 | Solicitor Hefin: What right has a man | when he has taken the life of one fellow | man and perhaps another and wounded | three others to make such demands. Some | of the witnesses who are here arc men 1 who have lived In Birmingham all their | lives and who you could not run out But 1 there are other witnesses who were there, | and whose testimony will be very impor- | tant It Is these that we are after We want the truth and the whole truth and 1 if the court pleases. l wish to assure MT. | Haynes that he will get fair trial. Remain In Jail. "I want to say, however. that Mir. l Haynes Is going to remain In the county l jail until the grand jury investigates the | charge against him If l live. The court | knows that I would have the right to | Ez..