The Montgomery advertiser., 1908-12-17
 Warm Report on Jeffer- son Sheriff. ACCUSED OF cowARDIcE,
 FRAUD AND GRAFT Names Associates Who Prevented Indictments. County Election is recalled and Per Diem of Deputies Daring Coal Mining Strike Is criti-
 cised Sharply. sf

report of the grand jury or Jehefsoh county, one of them from the major ity and the other from the minority. The latter was full of ginger, being warm from start to finish. and reconl- mendinE the impeachment of shertn Higdon.
 The minority report was signed by only four members of the jury, c. A Tyson, E. B. Dismukes, J. N. Brophy and Thomas Medley. Impeachment proceedings were recommended on the ground that the sheriff had shown cowardice when a negro appealed to him for protection during the strike; that the sheriff has been nrresttnG peo- ple and forcing them to remain in jail without any knowledge of what they are held for: that the sferiff had faii- ed to provide six baiiiffs for the grand jury as is required by the law. therH- by causing delay; that the sheriff "has been using his office for what in par lance is known for the purpose of erc- ating a graft fund; that the sherin has failed to do his duty in the mat. ter of serving subpUenas; that the sheriff used his offlce for personal gain during the coal miners strike. the ai- legation being that he paid men s2 per day as special deputies and receiv- ed s3 per day and that men were fur nished military certificates during the campaign for sheriff so that they could vote for Colonel Higdon.
 There were other things of more or less importance averred in the minor ity report, which went so far as to say that the sheriff would have been in- dicted but for the fact of undue pres sure being brought to bear on certain members of the grand jury"
 The minority report covered live closely written pages and 1t closed by saying that the will of the minority would have been carried out but flor the action of the following grand Ju- TOTS: Stewart. E.. B. Daniels, Allen. to- ing, Reynolds. Vann and Laird"
 There were seventeen members or the grand jury and the majority report mentions seven as preventing the mi- nority from carrying out it's purpose
 The majority report tells of the ac- tMal business done by the body, the docketing of b30 cases, examining 47S cases, being in session 52 days and re- turning 233 true bills and 5I2 no bills.
 The minority report in full follows: ITO the Hon. Samuel L. Weaver, Judge
 of the Criminal Court of Jefferson
 county. Ala:
 we. the undersigned. grand jurors, empanelled by your honor on Septen1- Der Tth, 1908, to hear evidence before ,ns as a grand jury, and to fairly and honestly determine the facts from the evidence as to the guilt or innocence of an accused before us, in so far as the grand jury has that right, and in case the evidence adducea before us was of such a nature as to show that a crime had been committed, to true bill a defendant, and if 1t was of such a nature as to raise in our minds a good bet ial kn &taA ~s.taf 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 herein below set out, caused either by the wilful disregard of their oaths as grand jurors, or some undue pressure being brought to bear upon them in their capacity as grand jurors. we have been so handicapped that in certain in- stances 1t 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 hon. or, that we may be placed in a prop CT 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 1t to your honor and the public to say whether the others have done the same.
 A Felony Alleged.
 "Tcirst-Evidence has been brought before the grand jury chewing clearly that the sheriff Of this county has been guilty of a felony. in that he since his induct into office has been using that office not for the protection of the pub lie or the proper enforcement of Tho law. but has been using his office for what in parlance is known for the pur- pose of creating graft fund Tho evidence before us shows clearly thar for a certain sum Of money daily, the sheriff had entered into an agreement OF compact with a certain element in this county, to wit. the gamblers. thnt he would allow them to openly vio- late the law. and furnish protection to them in this violation. The sheriff. but for the fact that undue pressure being brought to bear on certain Rrapi jurors. would have been indicted for his offense, but under the condition of affairs existing in the grand jury room along this line. it is almost impossible for us to do our duty. It seems that the very members of the grand jury who are against indicting men who stand high in authority for committing felonies. are willing and show the re- verse in feeling when some poor un- fortunate white man or negro Is brought before them on the docket, and without a moments hesitation stand for their indictment This even in case some poor unfortunate be ac- cuseI of some small miBdemeanor.
 ''It seems that in their opinion it takes very little evidence to indict this class of people, but when a case ap- pears before them for a higher and greater oflense, and that. too, against men who the people of the county look upon as the conservators of the peace and for the upholding of the law. they seem to be unable to see wherein 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- derstand by your honor that in mis- demeanor cases. the jury had some dis erection as to whether or not an &C., cused ought to be indicted, but in the case of a felony the grand jury was bound by the evidence alone before us, and 1t was not within our power to use any discretion other than follow the evidence in such cases, and where a crime had been committed. or the evil denee was such as to clearly show such crime had been committed, we were bound to indict.
 fFeelinK that the county and it's citIzens should know that the aheriR a sUfflftfIlv onanfv and uotoFfo0eiN