The Birmingham age-herald., 1908-12-05
HIGDON TART TO PRESENT GRA ND JURY Questions Character of Two of
 the Members
TAKES RAP AT SOLICITOR
Writes a Letter to Foreman Calling Attention to Duty Which They Should Perform In
 Strike Cases.

Yesterday afternoon Sheriff Higdon, be- fore reading the statement of Solicitor Hehin, gave out an interview in reference to the letter which he wrote the grand jury several days ago. He stated. how ever, that he would prepare an answer for Solicitor Heflin. He hands some hot shots to members of the grand jury.
 "I have not officially heard whether the grand jury would take up the case against the Il negroes as l requested them in writing, on November 30, but have every reason to believe they will not consider them.
 Not that I do not believe a large ma jority of the jury are composed of honest, upright men. In fact 1 believe that, with the exception of two men on the jury, one who is prejudiced against me per sonally, and is known to be against any thing l would suggest, the other one who was caught In a gambling house in a raid while he has been on the present grand jury and feels sore because l put duty, but naturally look to the able and efficient solicitor of the county for ad- vice and do not want to go against his wishes in the matter.
 q feel confident that he and the two named above have advised against taking up the cases, although he, the solicitor, made statement before the grand jury right to dismiss a case against any man until they had heard the statement of the state witnesses. Why is he so much greater than the grand jury?
 "I want the people to know I am doing the very best I can to have punished men who violate the law, and ask the papers to publish my letter to the grand jury of November 9O which was, viz:
 Birmingham, Ala, November 30, 1908. "Mr. F. B. Daniel, Foreman Jefferson
 County Grand Jury:
 Dear Sir-I notice in the newspapers that the present grand jury has decided not to examine the witnesses already sum- moned to testify in some strike cases that have been mol pressed in the criminal court by the solicitor.
 T can hardly believe this report is true. I believe the solicitor did right in mol pressing most of the cases, but in these particular cases 1 consider very grave offenses against the law, and with due respect to your honorable body l cannot understand how you can refuse to in your knowledge.
 'I would be glad if you would read again to the members the oath they had to take before they could be qualified to serve as grand jurors and you will find 1t in the new criminal code on page 731, section 72S4.
 'I would respectfully request that you ask Judge Dan Greene as to your duties in these particular cases, and if he ad- yises you that 1t is not your duty to go into these cases I shall feel I have done my duty in my efforts to punish these men.
 q firmly believe that after you examine these witnesses the jury will return a true bill for felony instead of a misde- meanor.
 If unlawfully armed bodies of negroes can assemble at midnight, lay in wait to assassinate officers of the law or a man who wants to labor for his family, and when these negroes are caught in the very act can have their cases mol pressed without the examination of single wit ness, and the grand jury, the highest tri- bunal in our county, refuse to examine the witnesses, when reported to them, I will say at least 1t Is not very encourag- ing to an officer of the law to risk his life in capturing criminals of this class.
 'As sheriff of the county I respectfully request that your honorable body give these the same careful consideration you have others during this term of the grand jury. Very respectfully,
 "E. L. HIGDON, Sheriff.