The Montgomery advertiser., 1909-09-28
Clash of Authority Is
 Averted.
GIVES IN 10 FEDERAL COURT
Prohibition in Georgia Brought
 About Conflict.
Officer of United states Wa. Held is Jail and Judge Newman step ped h With an
 order.

Atlanta, Ca. Sept 27.--United states District Attorney Tate tonight receiv- cd telephone message from Judge Fite. of the Dsde county Superior Court, announcing that. on the advice Of Attorney General Hart. he had de- ctded to surrender Charles E. Stegali, to the federal authorities. and wouiI have him produced before Judge New man. of the Federal Court here to- morrow.
 Thus the threatened serious com piications resulting from the clash of the Federal and State courts over the custody of StegaIl is amicabiy adjust ed.
 stegan. a government store keeper and gauger, has been held in the Dale county jail at Trento. Ga. since Thursday of last week when he was adjudged in contempt of Judge Fite's court because of his refusal to give the grand jury evidence against dis- ttllery at which he was stationed the grand Jury's purpose being to fndict the distilier for violation of the State prohibition laws. Stegali declined to answer the questions put to him by the grand Jury on the ground that such information as he had was gain ed in @ confidential manner as an of- ficial of the United States governnent. Stegall stated that in refusing to give testimony. he acted upon the advice of Collector Rucker.
 Considering Fuckers action a de. fiance of the authority of his court. Judge Fite issued a rule to show cause why he should not be adjudsed In contempt and Sheriff Thurman was sent to. Atlanta with a warrant for Fuckers arrest. No sooner, however. was Fucker taken into custody by the Dade county sheriff than writ Of habeas corpus was issued by Judge Newman of the Federal Court and the sheriff was forced to return without his prisoner. Fucker being released without & contest on the part of the officer of Judge Fite's court. Anoth- CT writ issued by Judge Newman di- l rscted Sheriff Thurman to forthwith produce Charles F. stegan in the Fea Arai Court hsre.sss Ie was this wrl4 which caused the serious eiasls--tizs aheriff fefusing to obey ttxupen the advice of Judge Fite. 1 Things had come to aNseriqus pass when today AttornAv General Hart summoned Solicitor General Killer of Dads county 10 Atlanta for confer ance.
 Governor Joe Brown and District Attorney Tate took part in the confer- snca and Judge Fite's action tonight is a direct result of the conclusions reached by these officials.
 It was agreed by all that the author ity of the United States Court was not debatable. It was also. conceded that fin a prohibition State like Georgia. an internal revenue ofFicial who had sworn never to reveal anything he had learn. ed in his official capacity, might be permitted to testify.
 They declared. however. that this could only be done after the United States courts had so decided. The question at issue in the Stegall case. however. was not whether stegali was to testify. but whether the writ or habeas curpus issued by the Federal Court. was to be obeyed.
 The question of the right of Stegali to testify will be decided later. It Is hardly likely that he will be called upon to do so. however. since the man suspected of running a distiliery has been indicted and the grand jury has adjourned.
 At the conclusion of the conference, while none of those attending it would speak, it was generally understood that Stegail would be surrendered by the Dade County judge. and the inci- dent would be closed by his recognition of the authority of the Federal court.
 1t Is said that at the time that it was learned that Judge Fite would AOnOT tne uADehs Httt VI ttf& Federal Court. three United States marshals had been ordered to so Co Trenton and demand that Stegall bs turned over to them.
 steGaiI stands Firm.
 Trenton. Ga. Sept. 27.-"If you will say that George Cureton is making whiskey I will turn you loose."
 Acting upon instructions from Judge Fite of the Superior Court. this mes sage was today delivered to Charles SteKaIl. government store keeper and gauger. at the county jail, where he Is being held for contempt of court for refusal to give the grand jury in- formation regarding the Cureton dis tiIIery.
 "I will never testify until I am d. rected to do so by the United States government" replied Stegail. and he went back to his seat in the cell which he had occupied for the past three days.
 It Is understood that a deputy Unit ed States marshal will arrive here to make demand for Stegall. acting upon from Judge Newman, of the Federal court