The Montgomery advertiser., 1907-04-03
 LLIAMS
 MUST HANG of Senator Hipp
 Loses Appeal. ] sAMTy INQUIRY IMPROPER ubreme Court Decides Famous
 Cullman County Case. m who shot Down Lawyer Must Fac< Tribunal to Fix Date of His Execution for Third ,. Time.

John Williams, convicted and twice 9enfenced for the murder of State Sen Ator Robert l.. Hipp in Cullman Coun- ty must again stand before the trtbu- hal of the Eighth Judicial Circuit and
 hear the death penalty passed upon hizA for the third time.
 such was the effect of an opinion ren
 dered yesterday by Chief Justice John
 Tyson of the Supreme Court. who
 held that Judge S. L.. Weaver of the
 ;ri1ainal Court of Jefferson County, had Exceeded his Jurisdiction when he
 Eranted a writ of habeas corpus that
 1I1s court might adjudge Williams s tantty vel non, and that the rule nisi Bprayed by the Attorriey-General of
 Alabama to prohibit Judge Weaver From trying Williams's mental condi- kiop. must issue.
 Williams, whose trial is one of the most famous in the history of the State, fB dn the jail of Jefferson County,
 Wh1ther he was removed shortly after his conviction in May, 1905, that he
 might be protected against violence
 which it was feared might be offered |by citizens of Cullman County, among
 whom there was bitter feeling
 ag&inst the slayer of MT. Hipp, who
 1ad served as Senator from the conty
 and was held in high esteem.
 The conviction of Williams for mur-
 Her in the first degree had been con-
 irnaed by the Supreme Court, which set July 27, 1906. as the day of execution.
 Cust before that. however. Williams s
 Father. John Williams, petitioned the
 fe1erson Court for a writ of habeas X.prpus. seeking to stay the execution pn tie ground that the condemned man
 had. since his conviction. become in 5ane and was ignorant of the proceed
 ngs against him.
 Judge s. L. Weaver granted the /1rayer of the petition and ordered Ehat the writ issue and thus the day Ipf execution passed, and Williams was hot hanged. Then followed closely NWatched legal proceedings which made
 he case celebrated.
 Murder Dramatic One. 2
 The murder of Hipp was extremely Sensational With a client who had Brought proceedings of ejectment kEainst John Williams. he went to Will
 fams's house at night. When the 8heriff arrived to put into execution
 writ of ejectment. 1t is alleged that /Nilliams opened fire.
 Hipp was morta1ly wounded and is kaid to have lain in an agony of death Before Williamss house all night The srime created furor of public anger tgainst Williams, who was In danger |,f being mobbed. But he was finally
 brought to trial at a special term of
 he Circuit Court in Cullman in May.
 s05.
 The history of the trial is vitall,
 uteresting.
 John Williams was tried for the Xnurder of Robert l.. Hipp al a spe- sial term of the Eighth Judicial Cir #suit Court held in Cullman county ant
 Eas sentenced to death m May 1905 An appeal was taken and sentence sus.
 ,a1 Ehe decision of the Circuit Court ant liked July 27, 1906 as. the day of exc .sution.s Pending the rendering of ar /opinion by the Supreme Court Wil /ffams had been removed to ;he jai /,f Jefferson county for safe keeping |the feeling against the man in Gull /man county being extremely antagon tstic.
 Jefferson Court Takes Hand. On July 24. 1906. three days before Ithe date set for the execution of Will Hams Judge W. D. Speake. Of the Eighth Judicial Circuit Court, which /aad tried Williams, delivered to the {sheriff of Cullman county an order tc sheriff Andrew Burgiu. of Jefferson county, commanding him to deliver Williams to the sheriff of Cullmar That the judgment and sentence of ex- |Acution made by the court might be eff |zected.
 Before Sheriff Burgin had compiled /with the command Frapk Williams ia .kher of the condemned man. filed a pc Ifftion with Judge s. l.. Brewer of the |-riminal Court of Jefferson county. fol |a writ of. habeas corpus to issue to line sheriff of Jefferson county. com |nanding him to bring John Williams Before Judge Weaver that trial might |ae had to determine Williams sanity ZveI non. and asking for an order to /sonfine John Williams in the Alabama |{nsane Hospital in Tuscaloosa until <ae might be cured of the insanity with which he was alleged to have become disordered since his convic- Hon.
 Attorneys for the shorin of Jefferson Bounty, on the day set for the return /of the writ of habeas corpus, moved |fc dismiss the writ on the ground that 3TudEe Weavers court was without ju- Hhe motion to dismiss the writ and re- #Enanded Williams to the keeping of the Esheriff of Jefferson, who was command <ed to retain him in custody and hrine Hnfm before the Criminal Court of lief &ferson county on August G. 1906. Attorney General Massie Wilson &orayed the Supreme Court for the di- 5rection of a rule ntsi against Judge #Neaver to show cause why he should <not be prohibited from inquiring into IWiIliamss sanity, setting up that <Judge Weaver had acted without prop Her Jurisdiction. Consequently on Sep /tember 12, 1906, Chief Justice s. n XWeakley, in the vacation of the court Ordered the issuance of the rule nisi |bnd final hearing uron the writ of /brohibition was set for November
 The decision rendered yesterday was
 he result of the hearing, Judge Weak #ey and Attorney General Wilson had Retired, Chief Justice Tyson and At Sorney General Alex M Garber taking
 hefr places
 The decision rendered yesterday de- Hslares that Judge Weaver is prohibit Bed from inquiring into the sanity of &Williams. In effect it requires that # he Circuit Court which tried Williams %pass sentence upon him, fixing a new Hay of execution.
 Reasoning of the Court. & Following are excerpts from the &spinion rendered by Chief Justice #ryson:
 & Tt will certainly not be disputed
 That the custody of Williams by the &onrt that tried him was essential to #he enforcement of the Judgement ot #cnviction. Any other rule would pro- #uce a conflict of Jurisdiction over the < tight to the custody of person of the Hondemned prisoner and lead to mex #rieable confusion. resulting in the #efeat of the due administration of the <aw.
 < *But it is said that if the right to Nsrosecute the petition for the writ is # enied. Williams will be deprived of FsaR r.. h :, f,,s..