The Montgomery advertiser., 1907-05-24
TO SAVE LIFE
OF WILLIAMS
Pardon Board to Hear
Attorneys Today.
NO DATE FIXED FOR EXECUTION
1t May Be Held He is Not Under
Sentence at This Time.
Communication of Death Sentence to
Life Imprisonment Sought for
Slayer of senator Hipp in
CuIlman County.
NO DATE FIXED FOR EXECUTION

The remarkable case of John Will
liams. murderer of Senator Robert L.
Hipp in Cullman County, is again
placed before the public today when
the Board of Pardons will hear attorIf
neys for Williams argue for a COM
mutation of the death sentence to
Imprisonment for life. Counsel for
the State will represent the prosecu-
ton. Governor Conner is expected to
sit with the Board of Pardons, COM
posed of Secretary of State Frank
Julian, Auditor w. w. Brandon and
Attorney General Alex M. CARRIER
The petition of Williams is especial
ly remarkable because, 1t may be con-
tended that he is not under sentence
at all, the day set for his execution
having passed 1t is thought that this
point may be stressed and that the
Board of Pardons may recognize that
1t cannot consider a request for COM
mutation of a sentence that does not
exist.
Well known attorneys are to be up
on each side of the case For Will
liams will appear Erie Pettus of Bir-
mingham. who was williams's attor-
ney from the initial proceedings
against him, Judge Zell CASTOR, of
Birmingham and F. E. st. John of
Cullman County. Solicitor David AL
mon of Cullman County, Hon. George
H. Parker, member of the Legisla-
ture from Cullman County, and Sena-
tor John A. Lusk of Marshall County,
will represent the State.
The murder of Senator Robert L.
Hipp of Cullman County, occurred April
IL, 1905. Senator Hipp, as an attor-
ney, went with three officers of the
law to the home of Williams at Joppa
to eject him from the property which
he had bought from Senator Hipp's
client and had not paid for. The Of
ficers. despite objections by Williams,
insisted upon his vacating the prop
erty Immediately. ~ "---sr
Williams ran into the house and,
returning with a pistol, began firing,
1t Is supposed, at one Of the officers
Senator Hipp was shot in the head and
he died within few hours.
Immediately after the shooting Will
liams fed and escaped into Madison
County before he was captured. He
was held in Madison County until the
day of the trial in the Cullman Coun-
ty Circuit Court, for excitement ran
high in Cullman and it was feared he
would be lynched. But a special term
of the Circuit Court wascalled in Gull
man County and Williams, coming to
trial on May %, 1905, despite stubborn
victed ana was sentenced to be hang
cd on July IA. 1908.
An appeal to the Supreme Court was
taken and the Judgment of the Cir
cult Court was affirmed on June 7,
1906. Application for rehearing was
denied and theSupreme Court set July
26 1905, as the day of Williams's ex-
ecution.
1t was then that sensational move
h. To- 90
light of which the previous proceed
ings. though wonderfully unusual ap-
peared dull and dark. To preserve
Williams from the violence of mob
which 1t was feared might at any
time form in Cullmah County and at
tempt to lynch him, he had been taken
to the Jefferson County jail in Bir-
mingham.
When officers from Cullman County
appeared on the night before the day
of execution to secure the sentenced
prisoner he suddenly stood erect in
his cell and with a piece of pipe eff
fectively de1ed removal. 1t was only
when the utilization of ammonia
drugged him into insensibility that
the officers could lay hands upon him.
In the meantime his attorneys, filing
an application for a hearing as to
Williams's sanity, secured from Judge
weaver or the Birmingham Criminal
Court a stay of proceedings and Judge
Weaver, later deciding that he could
properly hear evidence as to the con-
dition of Williams's mind, set a day
for the hearing.
1t was then that ATTORNEY General
Massey Wilson, for the State, secured
from Chief Justice Samuel D. Weak
ley a temporary writ of prohibition
restraining Judge Weaver from going
into the hearing on the ground of
lack of jurisdiction. When finally the
matter was decided by the Supreme
Court, 1t was held that any right TO
inquire into the sanity of the defend
ant lay with the trial court in Gull
man County and not with judge
Weaver and the whole matter was re-
ferred to the Circuit Court of Cullman
County for further hearing and re-
sentence
So it is that at present Williams
may not be under sentence and II Is
quite possible that the case will GO
back to the Circuit Court of Cullman
before being heard by the Pardon
Board.
The meeting of the Board of Par
dons will be held today in the Senate
Chamber 50 that the many persons
interested may hear the proceedings.