The Birmingham age-herald., 1906-05-17

><<<<%%<<<<<<< Although the solicitor of Jefferson coun- ty has withdrawn from the proceedings before Judge H. B. Abernathy of the in- ferior court of Birmingham, the prelim- nary trial of Harry Haynes, charged with killing Thomas c. Hewlett in the Peerless saloon on May 4, is progressing
 Solicitor Harrington P. Hefln withdrew from the prosecution after the court had over ruled a motion to dismiss the war rant against Haynes. The motion to dis miss was made because the court would not grant d second continuance of the 1 hearing The state Is being represente ed by the court, all the witnesses being before they are turned over to the attor- neys for the defense. Only witnesses summoned by the state have thus far been examined
 The withdrawal of the solicitor from the prosecution came after a heated series of arguments for and against second con , tnuance of the hearing, participated n by MT. Heflin and Judge B. NJ. Allen, Judge Zell Gaston and Frank NJ. Cahalan, attorneys for the defendant. Three New Warrants.
 After announcing his intention of with drawing from the prosecution Solicitor Hefiin drew from his pocket a second warrant for the arrest of Haynes. This was turned over to Deputy Sheriff A. S Cowan, Jr., who was in the court room for service on the defendant. The warran. was sworn out before Justice of the Peace Russell of Lewisburg by Deputy Sherl.t John C. Burgin Judge Abernathy also holds two other warrants for the are st of Haynes. These were sworn out by Coroner W. D. Paris, one charging Hayne with the murder of Hewlett and the oth- CT with the murder of John T. Shugart, rencounter between Haynes and Hewlett. Judge Abernathy called court to order yesterday afternoon shortly after 3 o'clock, every seat in the room being taken. "The state of Alabama vs. Harry Haynes. what says the state?" asked Judge Abernathy.
 ''fhe state is not ready to proceed with this preliminary trial, your honor" said Solicitor Hefiin. "The grand jury is now holding a special session for the purpose of Investigating the case and l see no need of undue haste in proceeding with the preliminary. On the other hand There are several important witnesses we have not yet had an opportunity to locate. l am quite busy, both divisions of the criminal court as well as the grand jury being in session."
 Judge Allen: "Thcre is less reason than baf fo,, i'm, T pose to cut off. nor interfere in the least with the deliberations of the grand jury This defendant, however, has been in jail for twelve days now, and the law guar antees him a speedy and fair trial. Rights of Defendant.
 "As l have said before the defendant certainly has the right to perpetuate the testimony, and this is one of the most important questions to be reckoned with. The proceedings of the grand jury are ex parte. If the defendant is not indicted the proceedings in this court will no doubt be quashed. There Is no good reason or excuse for denying the defendant pre- limnary trial.
 "It is true that we are sorry the solicitor is busy, but we all have to work some- times
 Solicitor Hefin II submit that the de- fendant has given no good reason for proceeding"
 Judge Allen: 'I thought I had made 1t plain, but I will ask my colleague to make a speech
 Solicitor Hefin: "If you did not make it plain no one else can"
 Judge Abernathy: ''The statute says that the defendant shall be given pre- limnary trial within ten days time. un- less q good and sufficient excuse Is given for q continuance"
 Judge Gaston: We will send u carriage ont to the home of Dave Tyeus one of the absent witnesses for the state and bring him In 1T 1t is desired.
 Solicitor Hefin Withdraws.
 Solicitor IIehin: '.I insist on q continu- ance."
 Judge Abernathy: We will proceed with the examination of the witnesses here and will continue from time to time in or der that the others can be found If tha. be necessary.
 Solicitor HenIn: T will move that the proceedings be dismissed"
 Judge Abernathy: Tine motion Is over ruled"
 Solicitor Henin: T will withdraw from the prosecution."
 Judge Abernathy: Very well. But I