The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-04-03
Supreme Court Denies Right Of
Judge Weaver TO Assume
Jurisdiction in Case
FACING DEATH SENTENCE
MAN SAID TO Be CRAZY
Was Convicted In CuIlman County of
Murder of Senator Hipp in 1905.
Brought to jefferson for
Safe Keeping.

Montgomery, April 2.-(special)-In AN
opinion handed down by Chief Justice
John R. Tyson, it is held that the criminal
court of Jefferson county had no right to
take jurisdiction in the application OF
John Williams for writ of habeas cor
pus, on the allegation that he had become
crazy between the time he was sentenced
to death and the day of his execution, for
the murder of Robert l.. Hipp, state SEN
ator of Cullman county. The effect or
the decision is to send the whole matter
back to the circuit court of Cullman
county, where the prisoner must be re-
the case must be filed.
Williams killed Hippy at the home OF
the former in the early part of the year
1905. and was, at special session OF the
Cullman county circuit court, convicted
in May of that year and given death SEN
tence. He was sentenced to death ana
the sentence affirmed by the supreme
court. the latter tribunal fixing July q,
1906, as the day of execution, after WHICH
he was sent to the jefferson county jail
for safekeeping. From there he was to
be returned the day of death for the
final act.
The Papers Filed.
However, on the night of July &C. his at
torneys Erie Pettus of Athens, #. E. ST.
John of Cullman and Zell CASTOR of Bir-
mingham applied to Judget s. Il. Weaver
of Birmingham for a writ of habeas corr
pus, seeking to stay the execution, on
the ground that the prisoner had become
insane after his conviction and the affir-
nation of such by the supreme court 1t
was urged that the state ought not to
hang a crazy man and Judge Weaver or
dered a stay until he could take the
matter up.
When the case came on for hearing a
time was set to go into the evidence. But
before the arrival of the day Attorney
General Massey Wilson filed an applica-
ton for a writ of prohibition restrain
ing Judge Weaver from proceeding with
the hearing. A rule nisi was issued by
then Chief Justice S. ID. Weakley, made
returnable to the supreme court. In the
meantime Judge Weakley retired and the
record fell to Chief Justice Tyson. and
Massey Wilson gave the papers over to
his successor in the office of the attorney
general, A. NJ. CARRIER. The ruling today
is on the petition of the attorney general,
holding that the Birmingham judge had
no right to assume jurisdiction in the case
and that Whatever OF rights the pilsonel
lay in the court that tried him.
After reciting a number OF authorities
and decisions of other tribunals Chief
Justice Tyson, In the opinion, says: 1T
will certainly not be disputed that the
custody of Williams by the court that
tried him was essential to the enforce
ment of the judgment of conviction Any
other rule would produce a conflict of
jurisdiction over the right to the custody
l.. i. t,a1r .,tcn and
lead to ineXtrcable confusion resulting
In the defeat of the due administration Of
the law.
but it is said that If the right to pros
ecute the petition for the writ is denied
Williams will be deprived of all recourse
to have his insanity vel non inquired into
that if insane he should not be executed
while in that condition. Every court
has the inherent power to control the
execution of it's osders or processes to
the end of preventing an abuse of them.
Hoffman vs. Sewell, AZ Sc. Rep, $50; Lar
kin vs. Mason. II Alabama, 227.
1--WE do not doubt the power of the
Judge of the circuit court upon proper
application to order a stay of execution
OF Williams for the purpose of instituting
an inquiry into his sanity and If found
to be insane then to stay his execution
until recovery.
Plenty of Ways.
''But it may be said that this court upon
the appeal from the judgment of the con-
yiction in affirming that judgment fixed
the day for Williams execution. and.
therefore, the circuit court was without
authority to stay his execution on that
day. If this be conceded, this court has
the power to stay the execution until
the Judge of the circuit court can make
the inquiry into his sanity"
The case has attracted a great deal of
attention all over the country, as it
seemed to open up an avenue of possible
escape, certainly of long delay. In the
execution of any convicted person who
elected to take advantage of 1t. 1t had
been so seldom resorted to that it seemed
strange that others had not tried 1t. The
ruling of the court has the effect of say
ing that while such writ may be discussed
and investigated application of any
prisoner after sentenS,, 1t must be done
before the tribunal which conducted the
trial and at the place of the conviction
by the jury.
There was a division the pardon
board with regard to committing the
sentence to life Imprisonment Two of
the board, Massey Wilson and f. r. Nc
David, were against it; Judge j. M. Car
michael for it. Governor Jelks indicated
that he would not have taken such action
even il advised to do so by the pardon