The Birmingham age-herald., 1909-02-25
Says He Can Produce Witness That Higdon Paid To Have
 Warrants Sworn
HIGD0N DENIES CHARGE
 AND DEMANDS THE PROOF
Judge Fort Declines to Mol Prosse Cases and Heflin Says 1t Is the First Time He Was Ever
 Turned Down.

dEAAft 9uh AOuilAN BARbdHA4 never WiA- messed a more stormy inauguration case of judge than that before Judge Will liam E. Fort in the second division of the criminal court yesterday morning The occasion was the call of about 110 cases of vagrancy charged against women arrested in the restricted area several months ago, and Judge Fort in- augurated his term of office by taking positive stand and refused to nolle prosse the cases, even upon the earnest request of Solicitor Hefin.
 Judge Fort was at the courthouse yesterday morning bright and early and ready to open court. When he rapped for order in the second division of the criminal court the room was un- comfortably crowded with spectators who had been attracted by the previous sensationalism caused by the cases.
 When the cases were called Solicitor Hehin recommended that they be dis missed, stating that he was unwilling to prosecute them for the reason that he believed the women were arrested purely and solely for the fees which NOuAu pt bDldllltu HUH liit dlItSlS- IlS added that whenever the community joined hands and took steps to drive the women out of the county he would be willing to prosecute any such cases that came before him. He stated, how ever, that he did not believe the raids were made with any idea of benefiting the city or county and that he was not 5r of +i,e
 Questions Motives Behind Arrests.
 The solicitor questioned the motives which prompted the affidavits which resulted in the arrest of the women and commenting on this question said
 They were arrested on affidavits made by Curtis s. Shugart who had to go to North Birmingham to get jus tice of the peace, and I understand the justice went to Shugarts office and that most of the affdavits were signed by a stenogra pher. The women were ar rested at night, marched to the county jail in the rain and the sheriff refused to reduce the bonds until I got Judge Dan Greene to authorize a reduction of the bonds. Judge Greene not only reduced the bonds but he recognized those who were not able to make bonds
 II Iue ClLlZtHS or blTHllnRnaU want to rid the community of these women I am perfectly willing to help them In their fight. But that is not the purpose of this prosecution. If any good would come from this prosecution I would be perfectly willing to conduct it; but the prosecution was inStituted solely for fees"
 Judge Fort lnterposes.
 It was then that Judge Fort inter- posed his first remark, suggesting that the motives of other officers be not questioned
 Solicitor Heflin then repeated his re- quest that the cases be nolle pressed saying: 'I wanted Judge Greene here to do it and for that reason I asked for a continuance last Monday. I'll take the entire responsibility now for the discharge of every defendant"
 Judge Fort stated that the cases were on docket and that while he realized that he was a new judge on the bench he felt that the court should assume the responsibility and let the solicitor prosecute"
 T don't care to prosecute" said MT Heflin.
 Assistant Solicitor J. B. Aird then ad- dressed the court along the same line on which MT Hefin had talked
 
 realized that the court and the states solicitor must work in harmony and that he did not propose to have any friction but that he did not feel will ing to wipe out the cases with out in forming himself of the merits of the cases.
 During the course of his speech be- fore the court Solicitors Hehin stated that he had been informed that the sheriff had given Curtis S. Shugart s250 to swear out the warrants against the women of the segregated district, and that he could produce a witness who would swear that Shugart told him that such was the case. It was this state ment that caused no little discussion about the courthouse yesterday.
 Colonel Hiodon Denies Charge.
 Colonel Higdon resents and emphat- ically denies this charge and states in a card issued last night that this morning he will insist that the present grand jury now in session take up the charge and investigate it without de- lay to the end that if they believe the charges they may impeach him.
 Colonel Higdon's card is a ringing one. It follows:
 ITO the Law Abiding Citizens of Jeffer-
 son County:
 This morning Solicitor Hefin, in open court, asked that all the vagrancy cases arising in the redlight district be 'nolle pressed As one of the grounds for do- ing so he stated he had a witness who would swear that Curtis Shugart-who swore out these wararnts-had told this witness that Higdon had given him (Shu- gart) $250 for doing so. It was further