The Montgomery advertiser., 1909-02-02

failed to return with the animal. De- tective BoatwrlshL of the wiggins Agency. of Birmingham, in tracing the men and horse from Jefrsrson into Clay County. saw At to charge the Phillips boys with the theft
 Telephoning to Birminsitnm, he brsught Flames and Latham to the scene. The two, travelling to Mont gomery by train, rented there an au- tomobile. and in the machine made through the country to the home of the boys near Eclectic They reached the home of the Phillips early on the morning of January s. and, arousing the family from sleep. demanded the custody of Marvin and Wesley Phillips on a warrant sworn out-before Judge Abernathy. of the Inferior Court. of Birmingham.
 The detective, Flames. refused to al- low the boys ball. It Is said, and talk ing them from their home, brought the two te MontgonerysN
 Accused of kidnappfnws
 Meanwhile. after the departure of Flames and Latham with the boys, the father, J. M. Phillips. swore out a warrant for the arrest Of the two Bir- mingham men on the charge of kid- mapping. or abduction. The warrant of Judge Abernathy, who is merely a committing magistrate, or Justice of the Peace, had never, 1t seems, been countersigned by an officer of Fillmore County, the home of the boys. This endorsement being necessary. 1t is claimed the officer acted. in the arrest without Jurisdiction.
 Further grounds for the Kidnapping warrant came from the alleged re- fusal of Flames and Latham to allow ball to the boys.
 As soon as the kidnapping warrant had issued. Sheriff Hood of Montgom- cry was wired to stop the course of the party in the automobile, and hold the detective and the Gyeryman. m accordance the Quartette was taken in custody, and all released on ball. Later, last week before the Birming- ham grand jury, an indictment was found against the Phillips boys, charg- ing them with making away with the horse. Their trial, in the City Court of Birmingham. is set for Feb. IS. huge bfundeF of mistaken Identity say the Phillips boys, together with most of the ciflzens of Elmore Coun- ty. Explanation comes thus: &
 The two Phillips boys. Marvin and Wesley, were travelling through Clay and Coosa Counties, when the theft occurred In Birmingham. They de- clare they occupied a buggy and drove their fathers mule. They relate that in the couse of their trip, they entered Goodwater on Jan. 4. It was on Jan. 4 that the detective, in chase of the stolen horse, lost track of the fugftives whom he had been chasing, at Chandler Springs, not far from Goodwater.
 Entering Goodwater with his inqui- ries, he was sent, by descriptions of the Phillips boys. whe had driven kk.. Sr. their homes. With this information. Boatwright notified Latham In Hir- mingham, and Latham and Flames made for Eclectic.
 The arrest followed, at about 3 o'clock in the morning of Jan. s. when the boys. blinking and dazed with sleep and surprise, were told to get in the automobile.
 Confident. they say, that the affair could be cleared easily, they went without demur, after Flames and La- tham had refused their father the priv. ilege of putting up 8 bond.
 The stop and arrest of the detective, the release of the Phillips boys, and their subsequent indictment in Bfr- minghain, has become history.
 Much Feeling In Elmore.
 The incident has aroused much feel ing in Fillmore County, where the Phil lips family is one of the most proni- nent residents.
 Most of the Fillmore County people believe that the case Is purely mistaken identity, and condemn the action of flames and Latham, and the refusal of ball.
 J. NJ. Phillips. father of the boys. is wealthy planter. the commander of the Confederate Veterans of Fillmore County. and Is universally respected. It is said that Flames and Latham. when on their mission of arrest applied to the Justic of the Peace of Eclectic for an endorsement of Judge Aber- nathy's warrant, and the Justice re- fused. knowing the character of the Phillipses.
 without the necessary official sanc- tion. it is alleged, flames acted in making the arrest.
 J. M. Phillips and the boys declare an intention to push the charge of kidnapping, liking but little the treat ment by the detective, which, they say, was unwarranted.