The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-31
GRAND JURY MAKES
ITS FINAL REPORT
Officials Are Called Upon to Do
Their Duty
AUSTIN WOULD NOT SIGN
Reference Is Made to Gambling and
Carrying Concealed Weapons-over
Two Hundred indictments
Were Returned.
AUSTIN WOULD NOT SIGN

made by the body to the two judges of
the criminal court of Jefferson county
yesterday morning. The grand jury was
called in special session to investigate
the reneounter in the Peerless saloon ON
May between Harry Haynes and
Thomas G. Hewlett which resulted In the
death of Hewlett and of John T. Shugart.
land other matters that might come be-
fore the body" Haynes was indicted on
the charge of taking the life of Hewlett
and he Is now in the county Jail await
ing trial. a Il
The grand jury was in session for about
three weeks. and a large number of cases
were investigated. The report has been
looked forward to with interest This was
caused perhaps from the fact that it was
generally talked that gambling in Bir-
mingham was being closely investigated
by the body. A large number of wit
nesses were examined, it is said. by the
grand jury as to their knowledge of any
gambling that has gone on in the Ala
bama club, of which Hewlett was the
head, up to the time of his death, as well
as gambling in other places in the city.
Austin Would Not Sign.
No reference is made in the report of
the grand jury submitted yesterday to
the Alabama club directly. Juror c. w.
Austin, ex-chief of police of Birmingham,
announced in open court yesterday that
he could not agree to the report drafted
by his colleagues and therefore his sigma
ture does not appear. Juror Austin did
not offer to make any minority report,
however.
The report of the grand jury as SUBJ
mitted yesterday follows:
To the Honorable S. L. Weaver, Asso-
ciate Judge of the Criminal Court of
Jefferson County, Ala:
We, the grand jury empanelled by your
honor on April q 1906, were in session from
April to q, when, by permission of the
court we adjourned until May 2S But
by order of the court we reconvened on
May IA for the purpose of investigating
certain alleged crimes, which had been
committed, and to resume the duties for
which we were organized, now desire to
make this our final report:
We have docketed 800 cases, examined
dDOul llUJ Witnesses, ana returned III
indictments. We have examined the rec
ords of the different officers, as the law
requires While our examinations have
not been thorough or very extensive, we
feel that we have complied with the
law as far as we We're able to see or
understand. We find the different rec
ords neatly and apparently correctly
kept.
We visited the aims house, and with
the exception of a little repairing that
might be done, we found 1t in splendid
condition.
Conditions at jail.
We made an investigation of the county
jail. the feeding of prisoners and gen
eral condition of same The prisoners
say they are well treated and get plenty
to eat, but not altogether the quality OF
rations they would Hike to have. We
recommend some Improvements as to gen
eral cleanliness. and suggest that better
cots and bedding be furnished
Most of the Justices of the peace have
brought their dockets before us. and the
solicitor passed them by as correct.
We find the bonds of the county Of
hcers with sureties sufficient. We rec
ommend that the board of revenue have
placed i'm the treasurers office fire.
proof vault for the safe keeping of the
books of said office.
We find from the auditors report that
the fine and forfeiture fund is very much
benin. Notwithstanding the large increase
of funds from the hire of convicts. We
have been Informed. however, by the
auditor that the amount has been consid-
erably reduced since his last report and
this reduction will no coubt hold good
throughout the present year
IT Is the of this fury that wifi
nesses who are by law forced to appear
before the grand jury should be paid In
cash for mileage and attendance. AS 1t
has been they get very little for their
certificates of attendance, however, we
are told that the purchasers of this pa
per are now paying from 60 to 20 per
cent on the dollar
Crime Is Increasing.
We find such crimes as murder. as
sault with intent to murder and gambling
on the increase In Jefferson
county We are not surprised that such
is the case when we consider the increase
of the vagrant. vicious and unemployed
element of our county. We believe the
cause of this increase of crime is the
result of whisky drinking, gambling and
carrying concealed pistols. We urge upon
all in authority and especially the sher-
If of the county. the chief of police of
and all other cities In Jeffer-
son county If possible. to be more vigil
liant and determined in their efforts to
suppress crime in the future than they
have been in the past, and to so enforce
the law that there will be no ground
for any one to accuse them of friendship.
partially or discrimination In the dis
charge of their duty. Know no man IN
the discharge of his duty, no matter
how exalted his position financially. so
cially or politically: treat all violators of
the law alike without fear or favor. We
believe II the officers of the county and
city OF Birmingham would do their whole
duty there would be large decrease in
crime in this count yin a very short
time There would be much less whisky
selling on Sunday; less gambling and few
er gambling dens.
Laws Against vagrancy.
We find that q large number of crimes
have been committed by the vagrant, VIC
ous and unemployed element abroad in
the land, and we recommend that the
vagrancy law be more rigidly enforced
We would recommend to the next legis-
allure, and especially urgd the represent
+atives from Jefferson county, to enact "A
aw making the carrying of concealed pis-
.ols felony. punishable by fine not less
han $500 and Imprisonment In the peni-
entiary not less than twelve months.
In conclusion we wish to thank your
honor for the very able charge given us
when we were organized and other in
,tructions along our line of duty dur
ng our deliberations. Also 20 the Hon.
W. NJ Baldwin for additional charges on
)ur RECOMMENDING We wish to make known
)ur appreciation of the services of our as