The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
Institute Impeachment
Proceedings.
FOUR COUNTS FILED
BEFORE SUPREME COURT
Outcome Of Lynching Of = Negro
Murderer.
omessI neglect Grave Fault 4. Ones,
wi'ful Neglect and Ineempsssa-
cy Given A. Cause For Inn
peachment OF
Omeer.

On four counts. alleging respective-
ly Official neglect. from which resulted
the death Of q prisoner. grave fault
In the conduct OF his ONCE. wilfui neg
lect Of duty and incompetency. chark@
as were fled BY Attorney General Car
Der with the Supreme Court OF Ala
bama. in open session. yesterday. look
ing to the Impeachment Of sherfff
Frank cazalas. Of Mobile.
The charges had been brought at the
behest OF Governor Conner. who. In
letter to the Attorney General. told
that he was actuated In ordering the
charge by reports from Mobile. from
which he was led to believe that Rich-
ard Robertson. negro murderer. had
been taken from the Mobile jail and
lynched. because OF the failure OF the
oficiaIs. TO fuini their duties.
Richard Robertson. negro. shot and
killed Phillip Fatch. deputy sheriff.
on January 81. On January 20 the jail
was broken. and the negro iynched BY
the outraged citizens of Mobile.
Directly. almost. petition was sent
from Mobile. requesting OF Goyernor
Conner that charges, lookin toward
Impeachment. be Instituted. The petit
ton alleged that Cazaias had been
aware OF the probability OF the lynch
ing. some hours before It's occurrences.
and that he failed to take proper pre-
cautions.
The report OF the Mobile grand Jury.
sitting directly after. showed that
threatening rumors OF the lynchink
had been on the Stfeetsg for some hours
during the Afternoon.
With II ali. Governor Conner asked
for the instltutton OF the charges. IN
the following letter - Attorney Gem
eral CARRIER:
cHIEH ExncuTIxE DEPARTMENT..
/ ALABAMA.
Montgomery, March LIST, 1903
Hon. Alex NJ. CARRIER. Attorney General.
state q Alabama Montgomery,
near y slr.A-In the earlv, mornfne 81
January 2srd, 1909, Richard Rubertk0n
| a prisoner, was taken from the Mobile
county jail By unauthorized persons
and was shot and hanged within q very
short distance OF the jail II appears
from the report OF the grand Jury of
Mobile County. empaneied on February
1, 1909, that "Run1ors were eommonly
on the streets rs ior nonrs
the jail that such action would be
taken. I am Informed. / believe re-
iiably, that knowledge Of these runners
was given 10 the sheriff of Mobile
County by reputable citizen Of Mo-
bile many hours before tile said entry
into the jail; that the prisoner was N
custody for the unproyoked murder Of
sheriff; that within the last three years
there have been two lynchings In Mo-
bile county; but that despite al these
facts the sheriff left the jail and went
from, and took no precautions 70 pro-
vent the entry, OF the danger OF which
he had notice, and which entry WAS
actually thereafter made. I am xur-
guard in the guard room OF the JAIL
suffered the entry to be made with
| out resistance. but that the sheriff han
retained these men In his employ AM
sheriffs forces have not "crdered or
undertaken any attempt worthy or the
name to apprehend the murderers o.
Grand Jury any information TO aid It
in its endeavor to ascertain the Offend
ers"
/ of reputable citizens Of Mobile to in-
against the sheriff Of Mobile county to
remove him from office because OF his
conduct in the premises. / think that
40 serious a matter should not be pass
ed over without action. and after con-
| ference with you. I consider that such
proceedings should be instituted: and
| / now, as Governor OF the State OF
| Alabama, hereby direct you as Attor-
ney General 20 commence Impeachment
proceedings against Frank Cazalas. sN
the sheriff OF mobile Iounly. anu ...
in such cases:
b. B. Conner.
| Governor.
| ...t.... 49,. tas.. ,~aoagva4
time and again. from friends of Ca
zaIas. but despite these appeals. the
charges were made yesterday.
Given Twenty Days Notice.
Giving the accused twenty days no.
tfce. the court set, as the date for
Cazaias to appear 10 give answer, as
April 20. Directions were given that
a copy OF the charges be sent Coroner
| HirsclfIeld. OF Mobile. that he, as next
on rank. might serve them on the
sheriff.
After the twenty days. cazaias.
through his attorneys. will probably
answer the charges, in regular legal
procedure, probably by demurrers, or
some other step. The course OF. the
i case after the time OF answering on
| April 20, Is stiil indeterminate. de-
pending altogether on the wishes OF
the Supreme Court. Whether examin-
ers will be sent to Mobile to hold tina
trial in open court, whether the ex-
/ nmination win be undertaken In Mont
gomery in chambers is unknown, and
will probably not be settled before
the date of hearing
Friends Of Cazalas express conf
dence that there viii be no impeach-
ment as result Of the proceedings.
There is no tangible evidence. Il r.
told. TO be cAtained. relative to q
naturalization OF the charges.
If the charges are substantiated. ana
the Impeachment results. IT win be tho
first instance of the removal OF a prom
inent oficer of Alabama by such
means. Efforts have been made. in
several instances heretofore. toward
cffeetinR an Impeachment but none
have been successful. A sheriff OF
Madison county. a probate Judge Of
Lowndes. and perhaps one or two
more, have been under fire in years
before, but the charges have come ta
nothing.
The formal charge against sheriff
Cazalas was presented yesterday morn