The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-28
.PrepOnderenGe Of Opinion is
10 Effect That He Has
OVerstepped HIsRights
WILL HIS FINAL DECISION
Be SUBJECT TO REVIEW /?
Secretary to Governor Spends Busy
Day as Result OF the Develop
nents In the John Will
iams Case.

Montgomery. July 27.-(speeial.)-The
unexpected turn taken last night In the
case of John Williams, condemned to
death for the murder of Robert L. Hipp
in Cullman county more than year
ago, was the subject of animated con-
versatlon all over the city as well as in
every office of the state house house to-
day
1t had never occurred to any one to be-
lieve that the desperate effort made by
the lawyers Of the prisoner would be re-
sorted to and when it was reported this
morning that Judge Weaver of the Grim
inal court of Birmingham had granted a
petition that had the effect of stopping
the whole business, there was gen
erosity of comment interesting to even the
most casual citizen.
Has overstepped Right.
1t is nothing but the truth to say that
the preponderance of opinion is on the
side that holds that the Birmingham
Judge has overstepped his rights in the
case Some of the best criminal lawyers
in the city hold that it is an unheard Of
position and one that could not have been
expected under the circumstances. It has
been regarded here that the run of the
courts and the refusal Of the governor
to Interfere make up the entire rights
of a man convicted Of the murder OF
his fellow man. Judge J. NJ. Carmichael
the one member of the board of pardons
who stood for the commutation of Will
liams did not hesitate to say that the
action was surprise to him and the po-
sition of the Judge an assumtion of the
law that he had not before had occasion
to notice.
Opinion Divided on Result.
There is somewhat of a difference of
opinion as to the result of the hearing
in the Birmingham court. Some hold
that the action of the judge. no matter
what 1t is, is subject to review by the
supreme court others that having no
right to grant the order and no law for
It, If such Is proven to be the case, 1t is
as If there had been no steps taken.
Those who think that there is a pos
sibility of appeal take the ground that in
granting a hearing on the petition for
habeas corpus the court places the pris-
oner in the attitude of a citizen with
the right of having his case taken up
and decided by the highest court of the
land Others take exactly the opposite
view
Some say that the Judge before whom
the habeas corpus hearing is brought
shall in case he rules against the applca-
ton for lunacy commission, set new
day for the execution. Others say that
he will have to be resentenced by the
court first performing that duty. 1t Is
the opinion of those possibly the best in
formed that the latter is the correct way.
Secretary Spends Busy Day.
The busiest man about the capitol today
was j. Kirk Jackson, private secretary to
the governor, on whose shoulders has
fallen the details of the situation as de-
veloped by the phases of the Willim
case. The governor is out of the city,
having been at Gadsden with the Alabama
Press association. The request for troops
which came from Sheriff O'Rear had to be
resent to the governor by long distance
telephone and after that the opinions Of
the Judge and solicitor had to be secured
When these had come the governor
thought It right to allow the troops which
were order to be sent
The action OF the court in Birmingham
made the office of the governor target
for questions all day. Nothing came,
however, save what was sent the news
papers.
The attorney general being a member
of the board of pardons could not be
utilized TO any great extent as giyer of
opinion In the case developed at Birming-
ham. though he believed that the man
ought to have been hanged.