The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-20
LETTERS TO THE EDITOR
Constable Explains Case.

To the Editor of The Age Herald
The grand jury of this county has seen
fit in Its official report to pass severe
structures on me as constable. That re-
port is, perhaps. a privileged eomnuni-
cation. Had I been guilty of the viola
ton of any criminal statute it was the
duty of this body upon the presentation
of sufficient evidence to indict me- In
that event it would have been my right
to be confronted by the witnesses against
me before a jury of my countrymen and.
If innocent, I would have been vindi-
Gated. Had I been guilty of corruption
in office or other misconduct warranting
Impeachment 1t was the duty of the
grand jury to prefer the charges in a
formal manner upon the presentation to
them of sufficient evidence. In that
case 1t would have been my right TO
have had the evidence heard by a jury.
and IL innocent I would have been vim
dicated
/ But that august tribunal, from its Sc
cret sessions, hearing only ex parte state
ments of the evidence, has seen fit to
pass the seyerest structures upon me as
an officer, and has done it in such man
ner that, apparently, no one can be held
responsible; no forum is left to try the
charges, no tribunal to hear any evil
dence in my behalf. And this upon evil
ence which they declare di dnot warrant
an impeachment. What the Y have done is
a thousand times worse than indictment
or recommendation for impeachment for
] am condemned unheard and am denied
the right to any forum in which I may
seek vindication at the hands OF the law
If this precedent be followed no mans
official character, and It may be no
mans private character, will be safe from
the blow which malice may strike from
the star chamber darkness of the grand
jury's secret sessions.
The facts Of the case upon which the
drastic report is based are In short as
follows; About the 18th day of August.
1909. Mr.. SchiIiinger OF the Schillinger
Brewing company sued out a garnshment
In the first division of the inferior court
of Birmingham, Ala. against A. STOW.
the Louisville and Nashville Railroad
/ company being garnishee. The suit was
| upon waive note which stipulated for
! an attorneys fee, and int st was due
from August 7, 1905. The amount of the
principal was SIS At this time Mr. w.
B. Copeland, To clerk of the court. was
absent on account of sickness and was
filling his place in his absence as the
duly authorized deputy clerk.
On the 18th day of August, 1909 the
j defendant came into open court and con-
fessed judgment for the amount of 500
and costs of court. He signed this in
his own handwriting before Hon. I. II.
Benners, judge of the inferior court of
Birmingham. Ala. and this was without
my knowledge. The next day the defend
ant paid into court the sum of $40 upon
this Judgment and told me that plaintiff
had agreed that the garnshment be
released on the payment of this amount,
and also stated that his wife was in the
hospital and that IL the punishment was
not released before going into the pay
masters office he would lose his Job On
this statement the garnishment was re-
leased
Subsequently. on seeing Mr.. Schllinger.
the plaintiff In the case, he stated that
he had not consented to the release OF
the garnishment and that he would hold
me responsible for the balance due on
this confessed judgment. Mr. Stow. when
he made the ten-dollar payment, promised
TO pay the balance at his next pay day.
which was then two days later He
failed to put in an appearance until the
18th day of August, 1909, at which time
hefcame in answer to a second garnsh-
ment run upon confessed judgment
This Is the case to which the grand
jury had reference, and l submit that no
unbiased mind can find any misconduct
on my part in the entire transaction
When learned that the matter was
being investigated by the grand jury [
saw the solicitor, Hon. j. B. Arid, and
asked him to go over the docket of the
court and other evidence, and stated to
him that If 1t appeared that l had VIC
lated the law I wanted to be indicted
The gross income of my office does not
average more than SITS per month, and
from this sum must be paid all the ex-
penses of the office. including the sala-
ries of two three deputies.
The law authorizes justices of the peace
and constables to engage In other busr-
ness; otherwise no one could AFFORD to
hold these offices. While the duties OF
the sheriff and constable are very SINH
lar, the compensation is quite different
The latter receives smaller fees for his
services, and in many cases where the
sheriff is paid by the state or county the
constable receives nothing.
My regret is that the action of the
grand jury Is not such that there can be
prompt and direct trial of the issues in
yolved. Respectfully.
NJ W. PARSONS.
Birmingham November 10 1910