The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-01-04
UNIQUE MOTION
FILED IN COURT
BY THE SOLICITOR
Claims w. P. Reynolds Was
Granted Bail Without
Authority
JUDGE WEAVER STATES
His POSITION IN CASE
Maintains That Whom Second Jury
Found Verdict of Murder in Sec
ond Degree the offense
Became BalIabIe.

scented to Judge William e. Fort yester-
day and placed on the records of the
criminal court in order that the question
at issue may be carried through the reg
ular legal channels to an ultimate set
tlement. The paper is a motion which
seeks the rearrest of w. p Reynolds,
charged with murder, who was released
on Christmas eve on $1,000 bond set by
Judge S. l.. Weaver.
Something new in the world vas
what one attorney termed the motion
yesterday afternoon, and the question
raised bids fair to attract widespread in
terest among men of a legal mind. The
motion was filed by and is signed by So
licitor II. P. Helm, Assistant Solicitor
M F. Catalan and e. c. Winston, pros
ecuting attorneys in the Reynolds case.
The motion is brief but very deliberate.
1t charges that Reynolds was released
from the county jail without any au-I
thority of law" and unknown to the sos
licitor of the county and unknown to
even the defendants attorneys" and sp-
licitor Hefiin now seeks to have revoked
any and all attempts at legal orders in
behalf Of Reynolds.
Text Of the Motion.
A copy of the exceptional motion fol-
lows In full:
State of Alabama VS.. w. p. Reynblds-In
Criminal Court of Jefferson Comfy.
Comes the state by the solicitor and
makes the following motion in the above
styled cause:
The defendant. w. p. Reynolds, stands
before this court charged with murder in
the first degree. On the oath dsy Of De-
cember, 1909, unknown to the splicitor Of
the county and unknown to evm the de-
PENDANTS attorneys, and without any au-
thority OF law. the defendant, ". p. Rey-
nolds in above styled cause, vas released
from Jail. The habeas CORPUS docket
shows that he was released lpon a $1,000
bond, when in fact no petition was filed
with the clerk, no notice to The solicitor
and no writ served upon the sheriff and
no sheriffs return In court. The defend
ant stood his trial as an insane man and
the case resulted in a mistrAl and If he
is insane he should not be tnrned out on
the community, and if he mot insane he
stands before this court with an indict-
ment against him of murder in the first
degree, and the state, BY its solicitor,
moves this court that dspias issue for
the arrest of this defendant, w. P. Rey-
nolds, revoking any and al attempts at
legal orders in his behalf.
H. p. 1EFLIN,
Solicitor.
M. FlCAHALAN.
Asst Solicitor.
e. C.fWINsTON.
Four objections Raised.
1t will be noted that fur objections are
raised: That no petitionfor bail was filed
with the clerk; no notife to the solicitor:
no writ served upon the sheriff, and no
sheriff return in cout.
The motion also stats very plainly that
Reynolds stands charged with murder
in the first degree" ard this is really the
bone of contention. Judge Weaver. who
set Reynolds bond argues that the man
is only charged with murder in the sec
ond degree.
1t VIII be recalledthat Reynolds stood
trial twice. The fir4 hearing of the case
resulted in a mistfif and on second trial
Reynolds was founl guilty of murder in
the second degree and was sentenced to
imprisonment for years.
Following the jugs verdict in the case
Reynolds attorneys filed a motion ask
ing that the verdict be set aside on the
ground of the LEGALITY of the old jury
law. In acting Upon this motion Judge
Fort sustained khe motion, holding that
the jury law Vas unconstitutional and.
accordingly. th{ 25-year sentence was set
aside.
With this vedict thrown out Solicitor
Heflin conten% that the case assumes
the same shbe it had after the first
hearing when a mistrial resulted. In
other words, he claims that the charge
of murder in the first degree still stands
against Reynjds and under the law this
is not baihbe offense. The solicitor
contends thd the verdict of guilty of
murder in TIL second degree was thrown
out and thai the charge against Rey-
nolds revert to the original non-bail-
able charge.
Judge Viewer, on the other hand,
claims that THE verdict of murder in
the second degree supercedes the old
charge Of murder in the first degree.
Murder in tie second degree is bailable
offense andlft was on this charge that
Judge Weaker granted Reynolds bail.
AccordingIto the opinion of lawyers
with whom the question was discussed
yesterday 4fternoon it would seem that
after the vlrdict of the second jury was
nullifed thu matter of a charge OF MUIR
der In the lecond degree was eliminated
and the aiginal charge in the indict-
ment stand.
Judge Weaver Discusses Case.
Judge Waiver was seen yesterday aft
ernoon arh in discussing his action he
had the allowing to say:
II heard several days ago that there
was some criticism of the action on tho
ground tht Reynolds was not entitled to
bail. think this criticism is unjust
for the acton was taken only after care
full consideration by both Judge Fort
and myselt
1.-THE case was tried two different times
In ths c4minal court. The first jury
was unabp to agree and q mistrial re-
suited. he Jury in the second trial
broushs a : verdict Of sailtx ef mas-