The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-02-07
BROOKE PLEA
IS OVERRULED
Must Serve or Appeal
Case.
WAS CONVICTED OF LIBEL
Waited Too Late to Appeal to
Supreme Court.
Specific Charge wa. That Mr. Brooke
,.Puhlished Libeiiou. Article About.
superintendent of Education
Of Crenshaw.

Unless the pardoning power is
exercised, or the case is taken to the
Supreme Court of the cnited States. II.
Y. Brooke. assistant Examiner of PUB
Lie Accounts, who was convicted OF
criminal libel and sentenced to an
Imprisonment of ten days in jail and to
pay q fine of $40, will be cast into
prison.
This is the effect of the action of the
Alabama Supreme Court. which yester-
day overruled the application of Mr..
Brooke's counsel for rehearing of his
cause.
The case was appealed several
months ago from the Crenshaw Cir
cult Court and then the Judgment OF
that court fixing the punishment as
specified was affirmed. The decision
OF the Supreme Court yesterday was to
affirm their own former ruling and the
case is just where 1t was at the time
Of the Supreme Courts first action.
The transcripts in this case, of which
the style is II. Y. Brooke VS.. the state
Of Alabama, show that never, as yet,
has the Supreme Court passed upon
the merits OF the cause. There was an
error of time in the filing of the, bill
OF exceptions in the case and tof this
reason there was but one thing to
do and that was to affirm the judg-
ment OF the trial court.
1t has been stated that the Supreme
Court had decided that an editor has
no chance In a criminal libel to prove
the truth of the publication IN ques-
tion. Lawyers who looked into the
case yesterday and who have been
familiar with the proceedings all
through the long fight of Mr.. Brooke
in the courts of Alabamas can find no
record of where the Supreme Court has
ruled on the merits OF the cause. 1t
was purely on technical grounds.
The article that brought about the
conviction of Editor Brooke for crimi-
nal libel appeared in The Critic two
years ago, and contained a criticism
OF the county superintendent of educa-
tfon Of Crenshaw county. This official
Fetaliated with an affidavit charging
libel and on the showing the la1and
Jury returned an indictment. The trial
was held in Luverne and resulted in
q conviction.
The Supreme Court did not review
the evidence in the case but held that
the indictment was good and ruled out
the bill OF exceptions because not filed
within statutory limit.
Mr.. Brooke Is one of the appointees
Of Governor Conner on the Board of
Examiners of Public Accounts. At the
time the Supreme Court took its action
yesterday he was engaged in an in
spection OF the books OF Jefferson
It is reported from Birmingham that
Mr.. Brooke intends to appeal the case
now to the United States Supreme
Court.
~. Brooke Here.
Mr.. Brooke came to Montgomery last
night Mr.. Rushton. who was out of
the city, IS expected to return today,
when conference will be held to de-
termine the next step in the case. It
is feared. however. that the extremity
has been reached In the Jurisprudence
of Alabama. and that nothing is left
but to execute the sentence of the trial
court
1T loks to me like an ultimatum to
the newspapers of Alabama that ev-
cry publication hereafter is to become
an almanac" was the comment of Mr. .
Brooke last night. II do not feel of
course, like / am a criminal. I do
feel, however. that 1t is a disgrace for
an American citizen to be deprived of
his liberty because he chose to tell the
truth. 1 did not think there would
ever be any doubt but that justice
would finally be done in my case"
Mr.. Brooke was editor of The Luz