The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-28

4yA&<4\ 4 &IAkWA2Ill "a
-.
cumstances that would make the blood
| run cola In the veins OF Mobile citi-
zens. and there was Indignation, ex-
pressed in rumors before the lynch
| Ing.
| Then came the evidence of Mr.. Webb
Tor review, the witness for the State
who seemed to be the single man who
said he had intiinated the probability
OF lynching to the Sheriff He said
that Mr.. cazalas had admitted the
probity and sound judgment of the
former solicitor and that alone should
nave driven him to investigate the ru-
mors OF the lynching which was imni-
nent He told how the Sheriff went
home that afternoon at his usual hour,
notwithstanding Mr.. Webb had sound
ed the warning. without telling the
| guards about 1t.
Each of the witnesses for the State
was treated by Mr.. Pillans. as tending
TO show that lynching was the talk
In various parts of the city, that 1t
was not confined to any one spot. Even
the child Of one witness, he said, had
asked the witness II the negro had
been lynched." when the witness re-
turned home the afternoon preceding
| the event.
Then, too, as climax, was brought
In the testimony about four OF the dep
| uties having discussed the possibility
OF the lynching, although 1t was adj
mitted that the testimony was contra
| dicted by the deputies when placed on
| the stand. All of which, however, 1t
was concluded by Mr. Pi1lans. should
have served to put the Sheriff clearly
and without doubt on notice of the Inn
pending violence to the negro.
Argument of Inge.
The argument of Mr.. Inge at the
outset hung on the proposition which
his opposite counsel seemed to push to
the front, that because Cazalas' dep
titles may have had knowledge OF the
crime 1t was to charge Mr.. Cazalas
with such knowledge and therefore
neglect for not having prepared for
the coming of the lynchers. That the
Sheriff should not be charged with
the knowledge of the deputies, was the
insistence OF Mr.. Inge and he held
to II stoutly. He also made the point
that the Office of Sheriff is not alto.
gether a ministerial one, but there Is
mixed with 1t judicial element.
Also, the speaker rather deplored the
effort of opposite counsel to appeal to
the court to make an example OF the
respondent. to set precedent for the
sake of law and order in Alabama.
He added that such was not the pur-
pose of the proceedings but that the
court was there to consider the evil
dence in the case and determine wheth-
er the Sheriff was to hold his office or
not.
Mr.. Inge made It clear that the an
swer of the respondent filed with the
court did not intend to- belittle the Of
ficer, Fatch, as was limited by the
States side. 1t was only the purpose
of the answer to show that while
Fatch was admittedly popular, brave
and valuable, he was not that char
acter of man with numerous friends
and exalted virtues which, when his
life was unjustly taken, would be cal
culated to arouse a degree OF indigna-
tion that should incite to lynching of
the slayer.
Comment was made on the small
number of people engaged in the lynch
ing, saying there could have hardly
been more than fifteen engaged in the
party. who worked without demon
stration before approachinsI the jail.
The lateness of the hour of lynching
after the shooting, when nearly two
days had interviewed. would have tend
ed to make the Sheriff believe that
the danger point had been passed, es-
pecially since he had heard no threats
of lynching. He had right to take
things in their usual manner and go
home without extraordinary precau-
lynching.
More About Webb.
Referring to the testimony Of Mr..
Webb, Mr.. Inge called attention TO
the mind of that witness up to the
time of the woman's visit to his office
about noon of the day preceding the
lynching Not until she had expressed
fear of a lynching did he even sus-
pect that such was the condition of
the public mind. And then when he
went to the jail and told of the prob
ability of lynching to Mr.. Cazalas,
his primary purpose was to attend to
some professional business, and he was
not in the capacity Of citizen In
terested mainly in law and order.
Emphasis was also put on the fact
that the four newspaper men called
to testify by the State had each adj
mitted on cross examination that he
had tried to run down the rumors
which had come to them, but that no
foundation for them could be found
and no story could be printed. The
speaker asked what more could the
Sheriff have done than these trained
men for news, seeking a sensation.
The argument of Gregory Smith,
which followed Mr.. Inge, included, be-
sides that already outlined from him,
a description of the jail and circum-
stances at the time of the negroes be-
said the Sheriff had left men in charge
who were in position to actually
make an effective defense of the prison
should a mob attack in the way that
1t usually does. They were in the
open of the inner guards hall, where
they could see the head of the mob
If 1t approached. There was connec-
ton with the upper floor by elevator
and thence by telephone with police
headquarters 1t was pointed out how,
II it were seen that resistance by the
deputies was ineffective, the police
could be summoned to their aid and
the mob probably dispersed. But it
was not a mob which approached
Rather was 1t an assassination party,
stealing It's way into the jail corri-
doris. There was not the tramp OF
feet, the other noises that attend their
movements. Therefore, no defense
could be made. Surrender was inev-
table. and when the men covered the
deputies with their guns the keys were
turned over.
Attorney General CARRIER made his
appeal on the history of the desire on
the part of Alabama lawmakers to
keep step with civilization and called
upon the coArt to give vitality and
force to the law providing for i'm
peachment of the second highest exec
utive officers of the State for neglect.
He told of the high degree OF care that
the Constitution of 1901 imposed on
the Sheriff He was expected to exer-
else prudence, care and good judgment
in the safeguarding Of prisoners in his
cuSfodV