Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-10-05
.FITE NOW SCRkY
. HE FREED STEGALL
In Signed Sensational Statement
Judge A. w. Fite, of Dade Coun-
ty Court, Criticizes United
States Attorneys.

J. Threatening to disregard the United
States court should It's decision in the
stegaII case mot be fairly and squarely
made. Judge A. w. Ffte. OF the Daoe
county superior court, issued on Saturday
a statement which makes the most sensa-
tional chapter yet written in this CLASH
between state and federal authorities.
"As matters stand now he writes, i
regret that / ever allowed Stegall to be
carried before Judge Newman
He criticises the district attorneys
ascribing to the "quibbling and technical
| tiles He describes the promotion OF
Storekeeper and Gauger Stegan and the
appointment of another man III his place
as IAN insult to and defiance OF the state
| court adding In this connection that
Judge Newman should attach Collector
| H. A. Rucker for contempt of court.
The Stegall case originated. 1t will be re-
called, in the refusal of Charles e. STE
gall a United States revenue official de-
clining to furnish the Dade county court
with certain information concerning the
alleged operation of liquor distillery at
Rising Fawn. Stegall refused to do so Oh
the ground that his oath of office forbade
him giving out any information obtained
through his official capacity. He was
thrown into jail by Judge Fite but was
later allowed to come to Atlanta on
write of habeas corpus issued by Judge
William T. Newman of the United States
district court. A hearing as to whether or
not Stegall should answer the questions
asked him in the state court began FRI
day before Judge Newman and was con-
tinued until Thursday next. Judge Fits
statement follows in full:
JUDGE FITE'S STATEMENT.
The Stegall case was set for hear
ing yesterday before Judge Newman in
Atlanta. but nothing was done. and the
| case was continued until next Thursday.
/ The whole day was consumed In quib-
bling and discussing technicalities in or
der to avoid the real question. When /
agreed to allow Stegall to be carried be-
| fore Judge Newman it was distinctly
agreed by attorneys that there should be
no delay. uuibbling or technicalities re-
serted to. and that the sole question tc
! be submitted to Judge Newman was
whether or not Stegall could be forced to
/ tell what was manufactured at Cureton's
distillery.
The lawyers for the government are
now trying to dodge the question by
quibbling and technicalities, but it will
do them no good. for If Judge Newman
does not decide the question fairly and
sauarely as 1t was before me. 1 shall
pay no attention to his decision and will
make the question again at the next term
OF Dade county court in the trial of
Cureton.
The insolence of the negro collector In
promoting StegalI and appointing another
storekeeper and gauger for Curetons dis
tillery is an insult to and defiance Of
the state court. and Judge Newman
should attach him for a contempt or his
court.
AS matters now stand, ! regret that, l
ever allowed Stegall to be carried before
Judge Newman, as it is probable that we
may not in this proceeding be able to get
the matter properly before the supreme
court of the United States, in the event
/ Judge Newman should decide against
the state, as was contemplated when /
allowed Stegall to be carried before Judge
Newman. A. W. FIFE.