The Birmingham age-herald., 1909-05-25
SHERIFF CAzALAS
 WARNED OF MOB According to Testimony of Witnesses In Investigation LYNCHlNG WAS ADVERTISED Strong Case Is Being Made Out Against Sheriff of Mobile-History of Cause Leading to lmpeach-
 ment Proceedings.
LYNCHING WAS ADVERTISED

Montgomery. May 24.-(SpeciaL)- The impeachment trial of Frank Ca zalas sheriff of Mobile county, which began at 10 a. m. today, before the supreme court of Alabama, brought out testimony to show that the officer was warned beforehand that he might eX- pect trouble and told to make prepara tions to prevent the lynching that did take place and for which he is haled before the tribunal mentioned on charges of failure to protect his pris- oner. It Is alleged that he neglected his duty, failed to provide protection 10 a prisoner when he was warned that fl was necessary, and that he is incom- potent.
 J. H. Webb. a prominent lawyer, swore that he told the sheriff the aft ernoon of the lynching that trouble was imminent. but the officer said he did not think so It was also brought out in the testimony of R. T. Erwin, an attorney that the deputy on duty at the jail during the day and who was relieved the afternoon preceding the night the negro was lynched told him that he was glad 10 get off, as he feared that there was going to be trouble. Mrs. J. H. Hodgson, a promi- nent society woman swore that she heard man on an elevator say that the negro was to be lynched and she went and told Mr Webb, who in turn warned the sheriff.
 Lynching Expected.
 Dozens of witnesses testified that the talk was general on the street that the negro was to be lynched that night, as he was, and G. H. Krumpel. a justice of the peace. was told to get down 10 the jail. he said, as there was going to be a hot time in the old town that night. B. B. Cex. secretary of the Commercial club. said that he was in- vited down to see the fun early in the night City Editor Richard Hines, Jr.. of the Register, and two of his re- porters were told that something was going to happen early in the night, David Holt, one of the number, com ing out of the theatre to look up the talk.
 The entire court is sitting, this be- ing the first time such proceedings were ever brought under the new law. Forty witnesses have been sworn for the state and 12 for the defense. So- licitor Nick Stallworth of Mobile and Palmer Pillans of Mobile are with At torney General Garber representing the state. Gregory L. Smith and F. J. Inge are for the defense The nearing will likely run through tomorrow. Af- ter that the court will take the testi mony and later on render an opinion. The hearing has brought a large num- Der of people from the Gulf City.
 Cause of It All.
 The effort to impeach Sheriff Cazalas is because of the fact that Richard Roberston, a negro, who shot down in cold blood Deputy Sheriff Philip Patch, was taken from the county jail on the morning of January 23 at 1.S0 o'clock and lynched to a tree at the southeast corner of St. Emanuel and Church streets by a mob of men. The negro. it is alleged. was shot during the time he was strung up.
 The grand jury of the February term of the city court made an exhaustive examination into the case, examining 25 witnesses and not finding any true bills. After the grand jury adjourned the impeachment petition was clrcu- lated.
 In case the defense loses 1t is known that the case will go to the United States supreme court. The costs fall on the sheriff in case he loses and on the state if they lose, coming out of the contingent fund.