The Birmingham age-herald., 1906-07-29
Judge Wegrer's Decision Caus- ed Spectators to Forget
 Where They Were
JELKS IS NOW THROUGH
 WITH WILLIAMS CASE
Jefferson County Judge Holds In Ef- feet That He Has Jurisdiction to Inquire Into the Sanity
 of John Williams.

Saved from being hanged last Friday by writ of habeas corpus, John Williams will now have hearing on August to determine his sanity. The decision was rendered yesterday morning by Judge 3. l.. Weaver. It is absolutely novel in the judicial records of Alabama. Never be- fore after a sentence had been confirmed by the supreme court and board of par dons and the governor of the state, has an execution been stayed.
 At exactly 9:S0 o'clock Judge Weaver took his chair The criminal court room was crowded with more than there were seats to accommodate. Men stood on the backs of chairs in their eagerness to see and hear.
 The prisoner was nervous. His son sat d few feet behind. There was an expectant hush while Judge Weaver delivered the following decision:
 After careful consideration of the case have decided to overrule the motion and to give the defendant hearing on Au- gust S."
 Remarkable Scene In Court Room.
 Then was witnessed scene seldom en- acted in a. court rom. There was a veri- table explosion of yells of approval Spon- taneously as If they themselves had been granted a new lease on life the crowd cheered and applauded Many rushed for ward to shake hands with the prisoner and his council While the sheriff was at- tempting to restore order the court was dismissed and Williams handcdffed and led back to his cell.F .FsAx 2 So enthusiastic were some of those who Al out of the court room they jumped upon the benches in the hall and took up cpl- lections in their hats for Williams as tho crowd passed out. Something like $50 was donated
 Think Decision Will Hold.
 Erie Pettus whose remarkable defense of the prisoner has at least postponed the date of execution until 1t can be reset by the next term of circuit court of Cullman county in September, was be- seiged with congratulations. He feels cer- tain that Judge Viewers exercise of jurisdiction in the case will hold And nc feels equally certain that Williams will be adjudged insane when he Is tried on August 6, and sent to the asylum at Tus- caloosa.
 
 law remedy" he said, ''and Is applicable as common law right. While the case is novel in Alabama 1t is not new on the statute books"
 Bowie Differs From Court.
 When asked as to his opintion of Judge Weavers jurisdiction Congressman S. J. Bowie, attorney for the state in the case, said T don't think 1t proper for an at terney to criticise judge and would not be understood as doing so. but I am clearly of the opinion that the decision sn this case Is incorrect, and if permitted to be precedent would make 1t impos- slble to have a legal execution in this state in the future no matter how guilty the defendant might be. If writ of habeas corpus can be issued in a case of this sort on the day of the execution so as to prevent 1t and delay 1t upon the mere suggestion of a son of the defendant as to his insanity, the same suggestion can be repeated on every day to which he may be resentenced and thus produce an endless chain which will make the death penalty or even life imprisonment in the penitentiary impossible when ob- jected to in the future. The law in my mind is perfectly clear upon the point that the appeal of the defendant under circumstances of this sort could only be made to the discretion of the trial court. and that ne other court, not even the supreme court has any jurisdiction to interefere with or control that discretion"
 Jeks Is Now Hands of.
 Governor Jelks just before leaving yes- terday for Montgomery said:
 "Yesterday not knowing what position Judge Weaver would take as to having iurisdjction in the Williams case grant, ec a respite Today Judge Weaver says he has jurisdiction and the case is now in the hands of the courts. shall not is- sue another respite nor shall l appeal the case. The question of an appeal IS up to Solicitor Heflin and the solicitor or Cull- man county. If the supreme court should hold that Judge Viewers position Is cor rect then the legislature will have to furnish the remedy. If Judge Weaver is right an impossible condition exists"
 Solicitor Hefin, when asked what he intended doing in the matter said that as he had announced yesterday when the case came up, 1t was in the hands of the state and he had nothing to do with it.
 Military Companies Dlsband.
 The governor has issued orders to Ma for Ledbetter that the military companies will not be needed in the John Williams case and both companies that were under .rp,s in Birmingham have disbanded. The governor will probably not send the mi- I,tia to Culman when the sentence of John Williams is executed It is not gen. erally believed that there will be any demand for the military no matter when the sentence is executed. It was feared at first that there might be trouble in Cullman had he been hanged Friday, as public sentiment was so high.
 Captain Brown of the Rifles and Cap tain Miller of the Volunteers disbanded their companies yesterday when the re- ported at the armory as per orders.
 Massey Wilson Expresses. Opinion.
 Montgomery. July 8.-That Judge