The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-25
MUCH EVIDENCE IN
IMPEACHMENT PROCEEDING
First Days Testimony Apparently
Fsvors the Prosecution.
The Defense, However, Brings Into
Evidence That There was Little
Excitement ON the street
Before the Lynching.

That forewarning OF the iyhchins
of Richard Robertson. the negro who
killed Deputy Sheriff Philip Fatch on
Jan.23, had come to many Mobiltans,
some Of them officers of Sherin Ca
zalas, was the burden OF the testimony
elected by the states attorneys yester-
day. during the first days hearing In
the impeachment proceedings against
Sheriff Frank Cazalas OF Mobile, Tor
alleged incompetency and neglect OF
duty, growing out of the lynching.
The defense, however, tempered the
revelation by bringing out evidence,
from many of the States witnesses. to
the effect that Ssthere was little out
of the normal as 70 the appearance OF
the streets, or as to. crowds or groups
during the day before the lynchtng.
and little to lead the casual observer
TO learn unless told OF the prospect
tive lynching bee. The defense. as to
the rumors, contended that none OF the
agitation, which preceded former lynch
ings. was apparent. and that such was
the quiet that nothing was held to be
the significance OF the few threaten
ing breaths-
In all, however. II seemed the States
day. SO far as standardization OF the
allegations of the impeachment charge
went. 1t was revealed. by one OF the
witnesses. James H Webb. former So
licitor of Mobile County. that warning
OF the lynching had been borne by him
20 Sheriff Cazaias himself.
Webb, according to his statement,
was In conversation. with Cazalas and
Judge Afford.
sThey will get that Niger tonight,
as sure as the guns iron." said Mr..
webb, in warning. as he told himself.
The sheriff. he said. made light OF the
prospecf"--didn't think that anything
would happen
II was Major r. T. Erwin. n witness
for the state, that told that the depu-
ties themselves were aware. to all In
tents Of probable attack on the Jail.
One of the day deputies according 10
Major Erwin. had expressed himself.
early in the evening OF the lynonfnss:
that he was glad ne was or fer the
night; that trouble was brewing
The State began to weave lite chain
OF testimony at the first. when court
was opened after the lengthy charge
and answer was read
william NJ. Mccarren, the deputy
sheriff. who. with Fatch. was engaged
III the pistol duel with Robertson. and
who was himself wounded, was on
the stand to tell OF the occurrence. The
commission OF the murder was reveal
ed, and the fact that 'Fatch was dill
gent ana ssalous deputy sheriff
Here. again. the defense attempted
60 break much of the force OF the
states contention that Fatch was an
extremely popular officer. The defense
by its examination. endeavored to show
that Fatch's usefulness was derived
from the fact that he was, intimate
with the behavior and personnel Of
the negro population of Mobile. and
that his work was restricted to that
class-that he was but little known to
the white people. except the few with
whom he was necessarily brought in
contact in the performance of his du-
ties.
rffty-tvvo witnesses Answer.
Forty witnesses for the state an
swered the call of General r. F. Id
Ron, clerk of the Supreme Court, and
twelve for the defense. The witnesses
sworn, and placed out Of the room, the
hearing began.
Mobiie newspapers figured largely in
the first OF the case, copies Of va
rious papers containing accounts of
the murder and editorials relative to
the occurrence, being presented. The
State introduced the newspaper ar
ticles, the Defense ob1ecting to each.
Pheian Dorian. former sherim OF Mo-
bile county, and present Tax Collector,
followed McCarren on the stand as the
second witness OF the day.
Mr.. Dorian told that he had. by ,Eear
ture of his duties, remained within
lynching, and had heard nothing of the
pending lynching, except casual COM
ments upon the crime of the negro.
He told Of Fatch's usefulness as o dep
uty. that his work lay largely among
the negroes, and that he was compar-
atively little known among the white
residents.
John F. Powers, also a former sheriff
of Mobile county, was on the stand.
He spoke OF the usefulness OF Fatch.
and also of the bravery OF Cazalas.
who had been his jailer. during his
told, was undoubted In those days
when he proved himself one Of the
most efficient OF deputies
Powers operates, according to his
statement, cafe in Mobile. This cafe
was the gathering place OF many peo-
pie on the night of the lynching. but
the proprietor told that he heard moth
ing OF the probable occurrence.
r. W. Herman. a justice OF the
oeaca. testified that he had heard ru-
mors. but nothing definite. or tangible.
that a lynchinR was probable
H. q. Hawkins, clerk in a Royal
street store, gave evidence similar to
that of the justics-that rumors reach
ed his ears. but mostly Intangible.
Newspaper Men Heard.
Two newspaper men were next wit
neases. Richard Hines. Jr., city, editor
of The Mobile Register ana Bfatnard
Sibiey. a reporter on the stair OF the
same paper. Both told that they had
beard of the prospective visitation of
the lynch law. but that it was to their
minds, indefnites~
lines told that he had gone home at
obout midnight, SO unpromising did the
@nmors appear, from newspaper mans
With G. II. Krumpel, Justice of the
Peace. the rumors were more than tan
1Ible. The officer told that he had gone
into a soft-drink emporium, a wet
goods" establishment he called 1t. and
While there. two OF the loungers had
nromised there would be "hot times in
The old town tonight" At this. and at
further talk of the Fatch murder. and
of the prospective vengeance of the CT
items the justice pricked up his ears
and heard things that sounded prom
Using, he said.
THAT the Battle House lobby was a
hot-bed Of the threats was revealed
from the testimony Of more than one.