The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-27
Intimation of Possible Attempt
to Rescue Williams Causes
Action by Governor
BIRMINGHAM COMPANY
LEAVES THIS MORNING
Circuit Judge and Deputy Solicitor of
Culman Agree That Situation
Renders Presence of Sol
diers Advisable.

Montgomery, July 26.-6Special)-At $50
o'clock tonight Private Secretary to the
Governor j. Kirk Jackson announced that
Company x. Third regiment, of Birning-
ham, under command of Maj. Charles L.
Ledbetter, had been detailed by the gov
ernor to accompany John Williams to
Cullman tomorrow.
The military forces are sent by request
of the sheriff who feared that owing to
the feeling aroused in behalf of the pris-
oner, an attempt would be made to re-
lease him. In fact, Sheriff oRear init
mated in his request for soldier guard
that threats had been reported to him of
such intention on the part of some of
the mountain friends of the condemned
man.
After the request for troops came from
the sheriff, the governor had Private Sec
retary Jackson confer with Circuit Judge
Speake at Cullman and the county So
lictor there. Both agreed that 1t was
the safe thing to do and endorsed the sug-
gestion.
Major Ledbetter will leave Birmingham
with the prisoner in the morning. and
reaching Cullman will be at the disposal
of the sheriff for duty in preserving order
and seeing that the law is fully carried
out.
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alton the improbabiity of the defendant
having a fair trial, by reason of the ex
isting excitement at the time of the trial,
and the fact that il their disquaifications
had been known at the time. two jurors
would not have been permitted TO sit
upon the trial jury, there Is perhaps but
one question worthy of consideration by
the board of pardons, and that will pres
emily appear
Dispute Over Land.
One found guilty by a jury of murder
in the first degree may be punished by
the death penalty or Imprisonment in the
penitentary for life In the case under
consideration there was controversy
between the defendant and the deceased
In relation to a parcel of land. And the
deceased together with the deputy sheriff
and several others were at the residence
of the defendant with a writ of possess
sion predlcated upon judgment of unlaw
full detainer to put the defendant out of
possession of the premises. The deputy
sheriff insisted that the defendant should
be put out of possession on that day.
1t was about o'clock in the afternoon
and the weather was threatening and 1t
did rain that evening. One of the last
things occurring before the dreadful trag-
edy was the request of the defendant.
that he be permitted to remain until the
next day. The deputy sheriff declined to
allow this and the deceased concurred in
it. The deputy sheriff then called upon a.
gentleman on the outside to come In and
-
house. He started in, the deputy sheriff
and Mr.. Hipp rose from their seats. but
did not trouble Sny of the furniture of
the house Immediately following this the
deputy sheriff was shot by the defendant.
and also the deceased as he was endeavor-
ing to retreat from the house. and some
others afterwards in the yard no one be-
ing struck by the last shots. About the
same time, deputy shot at defendant.
Evidence of Threats.
It seems to me that the defendant was
so exasperated by the refusal Of the
parties to allow him to remain in the
house till the next morning. a reasonable
request, considering the weather and the
fact that the defendants wife was ner-
vous and agitated, that he. moved by
sudden impulse of Indignation. fired upon
everyone not agreeing to his request. And
tUcItlOIcs NEUTRALITY-SUSPICIOUS. lHt ihOilitiuc
is one In the first degree. 1t is not one
OF the deep hued character that requires
the extreme penalty of the law.
II is true that there was evidence of
threats made over a year before the crime
was committed and the purchase of a
pistol and some cartridges not great
while before the commission OF the crime,
but the probative force of this evidence.
under all the circumstances, Is not con-
sdered very stsSng. I feel strongly per-
suaded that II the defendant had been
granted the permission TO remain In the
house TIL the next day. as he requested
OF the deputy sheriff and the deceased,
there would have been no homicide conn.,
mitted.
In consideration Of the foregoing facts.
7 respectfully recommend to your excel.
lency that the death penalty be commuted
to punishment for life. and that the de-
fendant accordingly suffer imprisonment
in the penitentiary Of the state of Ala7
hama for the period OF his natural life.
All of which is respectfully submitted.