The Birmingham age-herald., 1908-12-17
Sensational Report Is Made As Result Of Differences In
 Grand Jury aoom
MAJORITY COM MEN9S
 CONDITION OF COUNTY
Urges War on Cocaine, coneratuIates County on Benefits of Prohibition. Compliments Good Roads.
 Opposes Fee System.

grand jury reported yesterday morning shortly before noon two separate reports were submitted to judge S. L. Weaver of the criminal court, one being that of a minority faction of the jury consisting of four members, and the other being that of the majority. The minority report as was expected, proved to be one of the most sensational and most scathing docu- ments ever prepared by a Jefferson coun- ty grand jury, and it recommends the impeachment of the sheriff
 It has been expected for some time that two reports would be received from the grand jury and the differences between tine two. factions were as sharp as they were reported to have been, and the dis sention is evidenced by the criticism of some of the grand jurymen in the mi nority report.
 The minority report was signed by Jurors Mealy, Dismukes, Brophy and Ty son. It is devoted principally to a criti- cism of the sheriff and his administra- tion and Is written in no uncertain terms In the introduction to the report it is stated by the minority members that they were handicapped in their work by undue pressure brought to bear upon the other members of the jury.
 Charges Him With Felony. The minority report charges that the sheriff has been guilty of a felony in that he since his induction into office has been using that office not for the pro- lection of the public or the proper en- forcement of the law, but has been using his office for the purpose of creating what in parlance Is known as graft fund" It is charged that the sheriff for certain sum of money daily had en- tered into an agreement or compact with the gamblers that he would allow them to openly violate the law and furnish pro- lection to them in this violation.
 The sheriff Is also criticised for the fact that "he furnished the deputies to the companies (6uring the coal miners strille) and paid his deputies S2 per day, and in turn forced the companies to reimburse him for the services of such men $3 per day.
 In the conclusion of the report 1t is rec commended that the sheriff be removed from office and that impeachment pro ceedings be instituted at once.
 The regular report of the grand jury passes favorable comment on the condi- ton of the county Jail; recommends that a fight be taken up against the cocaine evil; congratulates the county on the ben efits derived from prohibition; criticises the laxness Of business of the justices of the peace notes with pleasure the i'm proyements made on the county roads; comments on the faction and disagree ment between the county officials, and recommends the abolition of the fee sys- tenn of payment of public officials. The Minority Report.
 The minority report of the grand jury follows:
 To the Hon. Samuel L. Weaver, Judge of
 the Criminal Court of Jefferson County Alabama
 We, the undersigned grand jurors, em- panneled ny your honor on September ', 1908, to hear evidence before us as a grand jury, and to fairly and honestly de- termine :he facts from the evidence as to the guilt or innocence of an accused before us, insofar as the grand jury has that right and in case the evidence ad- duced before us was of such nature as to show tha- a crime had been committed, to true-b bill defendant, and if 1t was of such nature as to raise in our minds a good and substantial doubt as to the guilt Of an accused to no-bill such case, beg leave to submit this our report:
 Owing to the action of certain grand jurors, whose names are hereinbelow set 
 their paths as grand jurors, or some un- due pressure being brought to bear upon them in their capacity as grand jurors we have been so handicapped that in certain instances it has been impossible for us, as honest and fair men, to do our duty as We see it under our oaths as grand jurors, and We feel that this matter ought to be brought before your honor that we may be placed in proper light before the entire community, not wishing to bear the burden of the faults of others. We feel that we have done our duty, and we leave it to your honor and the public to say whether the others have done the same.
 Charged With Felony.
 1. Evidence has been brought before the grand jury showing clearly that the sheriff of this county has been guilty of felony in that he since his induct into office has been using that office not for the protection of the public or the proper inforcement of the law. but has been using his office for what In parlance is known for the purpose of creating a graft fund" The evidence before us shows clearly that for certain sum of money daily the sheriff had entered into an agreement or compact with certain element in this county, to-wit the gam blers that he would allow them to openly violate the law and furnish protection to them in this violation. The sheriff, but for the fact of undue pressure being brought to bear on certain grand jurors, would have been indicted for this offense, but under the condition of affairs exist ing in the grand jury room along this line it is almost impossible for us to do our duty. It seems that the very mem bers of the grand jury who are against indicting men who stand high In author ity for committing felonies are willing and show the reverse in feeling when some poor unfortunate white man or negro Is brought before them on the docket, and without moments hesitation stand for their indictment This even In case some poor unfortunate be accused of some small misdemeanor. It seems that in their opinion it takes very little evidence to indict this class of people, but when a case appears before them for a higher and greater offense, and that, too, against men whom the people of the county look upon as the conservators of the peace and for the upholdmg of the law, they seem to be unable to see where in any class of evidence, be 1t ever so strong. should be believed and acted upon as in every other case. Under our oaths as grand jurors we were given to un- ierstand by your honor that in misde- meanor cases the jury had some discre- ton as to whether or not an accused ought to b. indicted, but in the case of a felony the grand jury was bound by the evidence alone before us. and it was not within our power to use any discre- tion other than follow the evidence in such cages. and where g. crime had been