The Montgomery advertiser., 1906-07-28
Hearing Before Weaver Not Concluded GOVERNOR GRANTS A RESPITE Prisoner Defies Officers to Take
 Him from Cell. Efforts of Attorneys to Prevent Carrying oat of sentence of Death are
 Uniqne In Annals of
 Alasa4. L.w.
GOVERNOR GRANTS A RESPITE

Birmingham. July 27.--tspeciaI )--- After executing one of the most brilliant coups d'etat ever successfully carried through in the history of Ala bama,, Earle Pettus, of Athens. the lawyer for John Williams, of Cullman County. spent today in fighting In tho Jefferson Circuit Court for the life of his client
 Tonight. John Williams. who was to have been hanged today. stili lives. Lying in his cell in the Jefferson Coun- ty jail. he has the comfort of knowing that. thus far. his lawyers have been able to attain their object, the pre- vention of the execution of his sens tence.
 pxeme Court has passed without the sheriff hanging his prisoner, the con- demned murderer Is not out of danger. It Ia true he has lost nothing by the delay. and it is equally true that only in delay was there hope. But In the fight which his lawyer has made for him. John Williams has only held hts own. The outcome is stili in the ball. ance and if delay alone was the object sought for. his fate Is as uncertain now as 1t has been any time during the last few weeks.
 In the habeas corpus proceedings here today. the counsel of the prisoner sought to secure tho right Of q trial to pass upon the sanity of Williams The hearing when the court closed late this afternoon. was not yet concluded. and Judge Samuel L. Weaver announce ed an adjournment of the court untl tomorrow The delay sought. if iE was delay that was sought has been se- cured
 Respsfea by JefiA
 To offset the effect of this. however Governor Jelks arrived in Birmingham this afternoon, and tonight reapited the prisoner twenty-four hours. It IA uf- derstood that he vii continua the rs~ spite from day to day until Judge Weaver shall have passed upon the hearing before him.
 If the application for the sanity trial be refused, Williams will in all prob- ability be hanged in accordance with | the sentence of the Supreme Court. refused to interfere. If, on the ether hand, the trial be granted. the State will probably take an appeal to the Supreme Court, which will not meet : until November, and the prisoner Will get delay of at least six months
 The stroke by which the execution of williams today was prevented is one of the most original feats in the prac. tice of law in this State. Never Dc. fore. according to any record of court proceedings published in Alabama. has n similar action been taken. It is en- tirely without precedent In the annals of law, The Supreme Court had paas- cd upon the guilt of Williams The Board of Pardons. by two to one vote had refused to recommend communication of sentence. The Cover nor of the state, after being subjected to pressure of the most influential character, announced he would not in- terfere with the sentence of the court John Williams was doomed to die
 When all hope had been given up ap- parently by the friends of the com demned man, like bolt of lightning came the news that a hearing on writ of habeas corpus had been grant, ed the attorney of Williams by Judge Samuel L. Weaver of Jefferson coun- ty; At midnight the news was ans nounced, and notice was immediately served upon the Shertff of Jefferson County that the prisoner was to be brought before Judge Weaver in the morning
 Plans are Abandoned.
 The plan to take Williams to Gull man on the early morning train had to be anandoned. The Supreme Court. the Board of Pardons and the Chief executive of the State of Alabama had been checked by the action of q judge of an inferior court
 The petition to Judge Weaver. upon which the hearing of Williams's case was granted. asserted insanity. The prisoner had become insane since the crime of which he had been convicted. He was about to be hanged and he was not mentally sound. The petition asked that a writ of habeas corpus be issued to sherif Burgin of Jeffer- son County and that jury trial be held to examine into the sanity of williams. Following is the text of the petition:
 ITO the Hon. S. L. Weaver. Judge of the Criminal Court of Jefferson County. State of Alabama:
 .Your petitioner Frank Williams. re- spectfully represents and shows unto your honor as follows:
 "Flrst-That your said petitioner is a citizen of Cullmsn County, Alabama, and is over the age of 21 years.
 "second-That John Williams Of C,lllman County, Alabama, in whose behalf this application is made, is the father of your said petitioner, and that the said John Williams is imprisoned in the county jail of Jenerson Eounty' Alabama, by one Andrew w. Burgln, the Sheriff of Jefferson County. Ala bama, under and by virtue of an order of tudRment of the Circuit Court of Cullmal County Alabama, certified copy of which Is hereto attached and made part nereot anu hat Aeo eAhiDit A
 'Third-That said John Williams was convicted of murder in first de- gree at the May term, 1905, of the Cir cuit Court of Cullman, Alabama, and sentenced to death; that on appeal to the Supreme Court of Alabama the said sentence was affirmed and Friday, July 27, 1908, was fixed as the day and date for the execution of said sentence certified copy of the Judgment of the said Circit Court Is hereto attached and made a part thereof and marked exhib- 1t 'B4' A certified copy of the opinion and judgment of the Supreme Court or Alabama is hereto attached and made part thereof and marked exhibit e.
 "Fourth--That since his conviction the said John Williams has become in- sane, and that the said John Williams is now insane.
 "Fifth--That the said John Williams is now in a state of insanity and is in- (COntinaed On Page TuvoA