The Montgomery advertiser., 1909-05-28
-Four Hours Of Argument
Heard.
IA DECISION MAY NOT
COME UNTIL NEXT WEEK
-
State Lays Stress on Solicitor
Webb's Warning.
Defense Calls Attention To the Fact
That the state Only Brings Thir-
~ People who Had Heard
Runners.


Lawyers Tor the state ana Tor oher-
tff cazalss packed virulent and search
1ng argument into the four hours,
concluding the impeachment proceed
tngs, before the Supreme Court yes
terday and as each took his seat at
ter an address OF an hour. he did not
look like a man who had omitted any
thing or wanted more TO say. 1t was
O concise resume of the testimony on
both sides, mixed with the skillful the
cries that each wove eloquently from
the facts drawn out during the three
preceding days
When the last words were spoken by
Attorney General Alex NJ. CARRIER, for
the State, and the hands OF the state
ly old Court room clock pointed to the
hour OF o'clock, the justices shifted
In their seats. admitted young grad
uate OF the University to the practice
of the courts OF the State and with the
simple announcement OF Chief Justice
Dowdeil. adjourned until Monday
morning at 10 o'clock.
But there will be no more of the
Cazalas hearing Monday morning, nor
at any time In formal session. 1t was
all over, when the last stretch of ora
tory was completed at o'clock yes
terday afternoon. The case now rests
with the justices in consultation. They
have retired to deliberate as jury
would deliberate. on the official fate Of
Sheriff Cazalas, OF Mobile county. They
are to determine whether the Iynching
of the negro Richard. Robertson last
year for the assassination Of Deputy
Fatch, was due to the neglect of the
sheriff, as neglect is to be construed
in the Section 1913 OF the Constitution
Of Alabama. And IL they md against
the respondent. 1t is in the power OF
the Court to impeach him and remove
him from Office.
II they convict Mr.. Cazalas of neg
iect. the Attorney General said IN his
closing speech, that vitality and force
will be given to q constitutional priv
iIege, which hitherto was without the
machinery for its enforcement.
1t was intimated yesterday that no
conclusion may be expected Of the
court this week. This. of course, Is
not positive, but reasonable to believe
8 on account of the Importance OF the
case, as viewed by both sides and the
susfidbs themselves. 1t ii hardly like
ly thlt "a decision may be announced
before next Thursday, and maybe not
then. But consultation on the case
will not be postponed and the verdict,
with an opinion as IN the customary
procedure OF the Supreme Court. should
be Forthcoming before the summer va
cation.
The arguments Of counsel was sing
ular Repeatedly the admissions and
testimony on one side were grasped
eagerly by the speakers of the oppo-
site side and analysed infinitely to give
support to their own cause. Also. 1t
was notable fact that though the
States lawyers gave great weight to
the mention by former Solicitor J. H.
Webb, of Mobile. to Sheriff Cazalas
that there might be lynching. plead
ers for the sheriff jumped at the same
situation, at the same interview. and
asked why Mr.. Webb so seasoned in
dealing with violators of the law and
so esteemed by the citizens Of Mo-
bile II he was really impressed with
the imminence OF q lynching on the
day he spoke to the sheriff about 1t,
he left that officer with only the pass
ing remark. II was argued that, ac-
cording to. the evidence. not one OF the
thousands of good citizens OF Mobile,
communicated to Mr.. Cazalas the grave
= possibility OF a lynching, as the State
would have the court believe.
Contrast OF Witnesses.
IF there was such a prevalence of
rumors about violence to the prisoner"
said Gregory l.. Smith, OF counsel for
the respondent, sis IT not reasonable to
suppose that, in the interest of law
and order, some good citizen did not
go to the sheriff and give him the
the city of Mobile. the State. with all
its resources and influence at his COM
mand, has brought only thirty OF the
citizens hero to testify to the existence
of rumors on the day preceding the
iynching. While the respondent here.
limited in means for his defense. has
brought forty-eight witnesses to tes-
tify that no threats to lynch had ever
been heard by them.
"I repeat that II Is to indict the
great mass OF good citizens of Mobile
TO paint the prevalence Of such per-
sistent rumors in Mobile as would give
notice to the sheriff and not one eitt-
gen approached him FOR the purpose OF
giving warning"
Previous to this point. Mr. Smith
had laid stress on the role in which
former Solicitor Webb was acting on
the day before the night OF the lynch
ing, when he incidentally asked the
respondent II he did not fear a 1lynch'
ing of the negro Robertson. 1t was
pointed out that Mr.. Webb was down
at the Jail on professional business.
had gone there to seek the release OF
A negro woman, said to have melted
the negro to the killing of Fatch, and
that then II was the mention was made
Of a probable lynching. Mr.. Webb's
1ntimation, It was testified. had come
from the remark In his o1ace bya Mrs.
Hodeson, that she had heard rumors OF
a lynching imminent.
counsel for CazaIas fought desper-
ately every inch of ground in their ar
eument 1t took but little time to see
that much would be made OF Mr.. Gag
aIas' experience with previous lynch
4nrs much would be made of his Draw
erv ON such occasions and of his fidel-
ity throughout all his career OF TWEEN
+v-tvvo years in the executive employ
of Mobile County.
very soon in the speeches of both
FRANCIS ]. Inge and Gregory Smith, OF
the defense, there arose justification OF
Cazalas' conduct by comparison with
nrevious Iynchings. With all the keen
fosIc at their command the speakers
al out the strangeness of the lynch
ing on trial. How different 1t was TO
all such occurrences with which Mr..
cazalas had to do in the past. how
different 1t vas from the usual cases
Of violence that had dotted the history
of Mobile County or the State of Ala
bama.
In that shocking affair of 1906. when
the furious mob stormed the old jail
and seized the negro to wreak their