The Montgomery advertiser., 1906-11-08
APPEALS. FROM MONTGOMERY.
several Cases are Flea with supreme

!.
 Several Cases are Filed with Supreme Court.
 4 number of appeals from the City Court of Montgomery were filed with the Clerk of the Supreme Court yes- terday. in preparation for the Novem- Der term of that body which will con- vene Monday of next week.
 Prominent among them Is the appeal of attorneys for Taylor Smith, con- victed of murder in the second degree and sentenced to thirty years. in ha- beas corpus proceedings, which were denied by Judge Savre December 2, 190h Smith was convicted in the Jeff ferson County Criminal Court, May 2, 1904, of murder in the second degree, the sentence being suspended pending an appeal. Tine finding of the lower court was approved by the Supreme Court January g, 1905, but at second hearing, February 14, 1905. was res versed. In the meantime the prisoner had been taken from the custody of the Sheriff of Jefferson County and conveyed to the State penitentiary first term of court succeeding the trial had passed, and at the second term a forfeiture had been taken and an alias eapias ordered and issued, the appel lart. not being in court at any of
 Tn December, 1905, smiths attorneys applied for a writ of habeas corpus before Judge Sayre of the Montgomery  It is upon the denial of this applica- tion that the appeal has been taken
 Another Montgomery case which will come up for consideration at the com ert Williams, alias Robert McCollum, alias Robert McCullom. The man was convicted of bigamy at the last term years.
 Other cases of local interest which will come up are those of Stella Will Hams, negro servant, convicted of setting fire to the house of C. c. Cole man and sentenced to fifteen years; J. NJ Bradford, sentenced to six months and l42 days at hard labor for attempt to escape; Oliver Dinkins and Harry Lyerla. sentenced to BOT days for sell ing liquor without a license; and John Haymon, the negro who killed the ne- gress Ola Lumpkins in West End and June 13 last. The sentence was sus- pended pending the appeal which will be heard next week.
 John Williams Case.
 Another ease which has attracted Statewide attention, and which will come before the Supreme tribunal next week is that of Judge Samuel L. Weaver of the Jefferson County Grim inal Court. who was ordered by an is sue of rule nisi to show reason why he should not be prohibited from contin- ulng the habeas corpus proceedings in the case of John Williams, the Gull man County man. the slayer of late State Senator Robert l.. Hipp.
 Williams. it will be remembered, was to have been hanged July 27, the date having been set by the Supreme Court The night before the day set for exc cutiou, the attorneys of the condemned man made application to Judge Weav- CT in habeas corpus proceedings, claim ing that the prisoner was insane The sentence of the court was delayed, and the hearing held. a later date being set for insanity proceedings.
 The next step taken in the case was that of Attorney General Massey Will son, who made application to the Su- preme Court for the Issuance of a writ of prohibition to restrain Judge Weav- CT from further delaying the action of the Supreme Court. Chief Justice Weakley issued a rule nisi, ordering the Birmingham magistrate to appear before the body November IS, to show cause why he should not be restrained as asked in the application.