The Montgomery advertiser., 1909-06-04

from the jail, these significant words
are written by the majority OF the
court: sThe Sheriff cannot presume
that those who desire to Invade the
premises will inform him OF the isct
or make such a demonstration on the
streets as will advertise their inten-
tions"
Gregory L. Smith, leading counsel for
the impeached Sherin OF mobile Cum
ty. happened to be In the city yester-
diva on other business when the de-
cisIon became known. He visited the
once OF the clerk of the court ana
read carefully the opinions In the case,
He was visibly disappointed ana SAID
thar very likely reheartng OF the
case would be asked. He believes that
( he has new ground to introduce IN .ne
fact that II the outer door TO the jail
X In Mobile had been closed on the occa-
sion in question 1t would have shut
out the Judges and attaches OF the
inferior Court of Mobile. the Law ana
EQUITY Court, the county omcers ana
All. because II Is only through this
outer door that the officers described
could enter and-get out
To shut this door the afternoon .,
the lvnching or at any time would
mean the serious inconvenience OF
large number of court employees. Eor
\ ii should be remembered. said a MO-
bile citizen. that the court house ana
jaiI are all In one building, not a wise
combination, 1t Is now admitted. out
nevertheless a situation with winch the
Sherlff had to deal
There is some talk in the wake OF
fhe decision as to whether the I'M
peached officer can succeed himselr IN
the next election. The concensus OF
on hand opinions Is that Mr. Cazalas
may succeed himself by election IN
1911 and not be violating Section lSs'
which simply says ''he shall be ineh-
gible to such ONCE as his own sue
scessor,' speaking of shertns-
deposed Sheriff will be candidate IN
the primaries next year. seeking a VIM
3fcatfon of the charges which nave
borne heavily on him. 80,
There was also talk in the Capitol
corridors that John Case, OF Mopiie'
would be the appointee OF the Gover-
nor to succeed Cazaias. The Governor
was in Evergreen yesteraay ana may 3,
not return until today. IL then. 30
nothing definite Is known as to the
probable Sheriff
The decisions of the majority and
the minority are as follows:
SIMPSON, r.
This is proceeding for the i'm
peachment of the defendant.
seThe facts are undisputed that on
Thursday. the 21st of January, 1903,
while Philip Fatch, who was faith
full and efficient deputy sheriff. was at
tempting to serve a warrant on ne
gro named Richard Robertson. for
misdemeanor. said Robertson, without
any excuse or Justification inflicted a
mortal wound on said Fatch. from
which he died that night; that II was
a. wilful and deliberate murder. and
~
city of Mobile, and thataop the night
on Friday. the 22nd of January, 1909,
PARTY OF masked men. estimated at
from ten to twenty. entered the jail
through the basement. and suddenly
confronted two jadlors, with drawn re-
volvers and demanded OF them to de-
liver the keys to the cells, which de-
mand was complied with. and the in
truders. leaving two armed men to
stand guard over said two jailors. pro-
ceeded to the cell where Robertson
was confined, took him out and, at q
place not far from the jail. put him To
death.
TT was in evidence that the jail is a
modern structure, well arranged and
barred doors opposite each other. with
space between, leading into the
guard room where the jailers were
but II had been customary to leave the
6sater door open. as It was on this oe-
casion: also that there were strong
wooden doors protecting the street
entrance to the jail building. and that
there was also strong door leading
into the basement which was under
the charge Of the engineer
ssIJnder the Constitution Of 1875. II
was provided that sheriffs might be
removed from office. "for wilful neg
iecf OF duty, corruption In ONCE. hab-
ff..aI dri1nkennesa incompetency or