The Montgomery advertiser., 1906-11-30
WEAVER CASE IS SUBMITTED
 ---s---- Arguments Made Before Supreme Court. IS HELD UNDER INVESTMENT Tribunal May Withhold Opinion for Several Days. Action of Inferior Judgs staying Exs- cution. of Jshn Williams. the Cauue-ABasy Thankssivins
 Day for Justices.
 


 John Williams. sentenced to be hanged July 27. last
 Until a late hour last evening the Court. which consisted Of Chief ytta- tsce Tyson and Associate Justices Dow dell, Anderson and Mcclellan. remained in session. hut no decision fin the case was rendered, and 1t is probable no an- nouncement will be given out for sev- eral days.
 The State. in the litigation, was rep- resented hy Thomas Martin, Chief Clerk to Attorney General Massey Will son, John A Tlusk and George Fl Par ker while for the Jefferson Judge Erie Pettus and F. B. St. John. the attor- neys who have conducted the case of John Williams, appeared to plead. Att l torney General Wilson was prevented from appearing for the state by ni- i ness
 The argument of the opposing attor- neys centered about the question of the authority of the Inferior Judge to grant hearing in the case of Williams for a writ of habeas corpus on the ground of insanity. The contention of the att | torneys for Judge Weaver was that he had acted within his authority, while 1 the argument of the State was that the authority of the Birmingham Judge had been exceeded.
 For the State, Mir. Martin introduced the statement of the case. while the | leading argument was made by Mir Lusk. Mir. Pettus defended the action of the Judge, his arguments foliowina | the line of the brief filed by him with I the Supreme Court several days ago, 1 The brief follows:
 Viewers nrief.
 | 'Ex parte the State of Alabama, ex rel the Attorney General in re John | Williams Application for prohIhltion.
 The answer to the respondent, s. 1A ] Weaver, as Judge of the Criminal Court of Alabama, to the rule nisl, or prelfm- mary or alternative writ of prohibi-
 Comes S l. Weaver. as Judge of the Criminal Court of Jefferson County, Alabama, in propria persona, and for answer to the rule nisi in said causs l says and ayers the following: First--That as Judge of .sie Crirni- nal Court Of Jefferson County. Ala bama, he had Jurisdiction to issue writs oE hapeas corpus. tLocal laws of Jef- ferson County. 601.)
 "Second--That John wfiliama vvas couhned in the Jefferson county ian bv order or the Circuit Court of euflrnny, | County at the time the writ Of haheas corpus in behalf of the said John I,II- Hams was issued.
 Ihird-That the Circuit Court of Cuilman County, Alabama in which fha said John Williams was tried and eo,, ,s 2 victed to death, had entered final t1,1s-. ment against the said John VVgf1fa r, . and had then adjourned for the term.
 Fourth-That by the sworn petition Tor habeas corpus. and the exhibits thereto attached, 1t was made to ap- pear that the said John Williams. in whose behalf habeas corpus was sol,stt was Insane, and had become insaS,e a since the Judgment of the Circuit cn,,,f Of Cullman County, Alabama.
 Fifth-That the State would have sne right to appeal from any adverse decision in the habeas corpus matter. and the State is not now entitled to fh s extraordinary writ of prohibition.
 Sixth-That as Judge of the rrtr,s- nal Court of Jafkerson County. Ala. oama. s. l.. Weaver was vested wlln tne jurisdiction of the subject rnatfar ana that he acquired 1urisdictton of tne person of John Williams, ana wae proceeding in tho manner provided ,,, law to hear and determine fbs s.,,,k touching the allegation that the sasd John Williams was insane and fhat "A had become insane subseouenf tc kts conviction and judgment ''A9 SeVenth--That the State of Ala. oama ls not entitled in this cause to ] any writ of prohibition or nfhas ~ stralning process, against s IL Was1s- as Judge aforesaid.
 Eighth--lt is expressly deniea flat the acts Of $. l.. Weaver as sala I,,sssa constituted any usurpation of iuris5gc, ton or power. or that the power vsst- ea m him by law has been abused ar that ms lawful Jurisdiction fn tha ticular. many par
 Wherefore, having fully answered. your respondent prays that the annii- cation for writ Of prohibition be Sis. missed and that the rule nisi hereto fore granted in the said cause be diS- charSeo' and that he be allowed to 70 hence without day " so
 "(Stgned.) S. L. waavse
 'As Judge of the Criminal Const of
 denerson County. Alabama"
 Move For Early HearImg.
 At the close Of the hearing in the Weaver proceedings, a motion was made before the court to advance the hearing in the case of the City Coun- oil of Montgomery versus Mrs. 8. L.. Reese. an appeal on the refusal to grant demurrers by the City Court or Montgomery. against the injunction nled by Mrs. Reese to prevent the is- sue of refunding bonds by the city. January 1.
 The ease. when brought to the Sm- preme CourtA was set for a date lat. in December. owing to the proximity of ths date on which the TefundinG DOuoh are supposed 10 pc gwen QuEs however. 1t 10 desired to put the hear ing forward on the call so that the matter may be decided before that date The motion was taken under ad- visement. but no decision was Teached by the court last night
 Although yesterday was Thanksgiv- inR. and officially a holiday ths Su- preme Court made 1t one of Che busi- est days of the fall term thus far. Tn addition to hearing the Weaver argu- ment and the motion on the litigation between the city and Mrs. Reese tha' body handed down opinions in seven aasea 4
 One case of special interest to Mont Gomerians was that of John W. Durr, at al. vs. the Hanover National Bank of New York ct aL an appeal from the finding of the Chancellor of Shelby county ina case involving the owner ship of lands in that county The de- sision of the lower court was reversei and the case remanded.
 The original charges against Mir. purr were brought by the Hanover National Bank of New York. the Mer chants National Bank of Cincinnati. the Bowling Green Trust Company of New York. ana the Birmingham Saw tngs ana Trust Company.
 According to the complaint, J. w Durr had, May 3, lB05 given to the 1aslah Norris snd EemRanx oR Mants