The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-08-07
Petition for Rule Nisi Against
Judge Weaver Filed BY
Attorney General Wilson
EACH SIDE IS ALLOWED
TEN DAYS TO FILE BRIEFS
Question of Supreme Courts Right to
Entertain an Application for a Pro-
hibition During Vacation
Will Be Decided.

BY an order from Chief Justice s D.
Weakley yesterday, all proceedings in the
habeas corpus case of John Williams. who
was sentenced by the supreme court to
be hanged July q for the murder of State
Senator Robert L. Hipp in Cullman eoun-
ty, were suspended until the supreme
court decides what jurisdiction during va
cation 1t has in the matter. Each side is
allowed ten days in which to prepare
briefs on the question.
Judge Weaver, who set August as the
day on which he would either give the
case hearing before jury to determine
Williams sanity as was prayed for in the
petition or else remand the matter to the
trial court of Cullman, had prepared a
written opinion. Yesterday. when the case
came up, the order from Chief Justice
Weakley, issued in pursuance of a petit
ton for rule nisl filed by Massey Will
son, attorney general for the state of
Alabama brought the proceedings to a
standstill
John Williams was not brought into
court, but his son. Frank. was present.
The room was crowded, and when Judge
Weaver took his seat at 10 o'clock he
called on John A, Lusk, one of the at
torneys fer the prosecution, who read the
order, as follows:
The Order.
THE foregoing application having been
presented to me for a rule nisi, in ac-
cordance with the prayer of the petition
on Saturday, August 4, 1906, at 10 o'clock
p. m. and the supreme court being now
in vacation and the time OF the presenta-
ton not being opportune for the due con-
sideratlon, by the undersigned, of the pc
titlon 1t is, therefore, ordered that the at
torney general or the attorneys associated
with him give notice to the Hon. 8. L.
Weaver, judge and to Frank Williams
or h. attorneys, of this application, and
that each side be allowed ten days from
this date within which to file briefs upon
the questions; first, whether the petition
makes case Authorizing a rule nisi; and,
second, whether during the vacation of the
supreme court Justice thereof has au-
thority to entertain an application for a
prohibition and to grant a rule nisi upon
said application; and, pending the con-
sideration of this application by the un-
designed, the said S. L. Weaver will
suspend proceedings in the matter of said
habeas corpus Done at Birmingham
Ala, in chambers August 4. 1905.
IS. d. WEA<LEY, Chief Justice.
The Petition.
The petition for the rule nisi which,
after giving a history of the case since
Judge Weaver granted the writ of habeas
18th 40
which Williams was to be hanged. fol-
lows:
THAT the said Hon S. L. Weaver, as
associate judge of the criminal court
of Jefferson county. was without juris-
diction and had no authority to grant
the writ of habeas corpus herein before
referred to. and was and is exceeding his
jurisdiction and authority in ordering
that the said John Williams be kept in
county and that he be brought again be-
fore the said criminal court of the Hon
s. L. Weaver as judge thereof.
THAT the said conduct and order of
said Hon. s. L, Weaver, as said judge
have had the effect and are now hav-
ing the effect of preventing said Will
liams from being delivered to the custody
of the sheriff of Cullman county. and
of preventing the execution of the SEN
tence as hereinbefore referred to. and Of
withholding said Williams from the jur-
isdiction, custody. power and authority
of the circuit court of Cullman county
That said judge, after overruling the mo-
ton to dismiss the writ of habeas corpus,
set for Monday. August G, 1906. as the day
for the trial of said John Williams to de-
termine whether or not said Williams Is
insane and is threatening and preparing
to proceed, and will unless prevented by
your honor, proceed with the trial of and
issues, Notwithstanding that he has no
court or as a Judge"
Judge Viewers Order.
After an argument by the attorneys as
to whether or not Judge Weaver should
dismiss the case or suspend 1t for ten
days under the supreme court order Judge
Weaver entered the following order in the
habeas corpus docket:
"rhls cause passed pending AN order
from the chief justice of the supreme
court Of Alabama, and future proceeding
is duly suspended until further direction
from the chief justice of the supreme
court. D. L. hA Err,
Judge" Etc.
This order was endorsed on the papers
submitted by the attorneys for the prose-
cution:
s"rhe within writ being presented to
the undersigned, and to attorneys for
Frank Williams, r. e. St. John, Erie Pet
tus, Zell CASTOR, in the criminal court
room, and service accepted. all further
proceedings in said petition for writ of
habeas corpus and notice from the Hon.
d. Weakley,, -rhlef justice of the su-
preme court of Alabama. This August g.,
1908.