The Birmingham age-herald., 1911-05-26
Supreme Court Unanimous in Decision Impeaching
 Sheriff Jinwright NEGLECT OF DUTY
 PRINCIPAL CAUSE Court Insists That Cherished Herit- age of English Speaking Peo-
 pie Must Be Defended
 From Mob Rule

Montgomery, May 25.-(Special.)-Main- taining that negligence was shown Tn al- lowing Aberdeen Johnson, negro prison CT, accused of criminally assaulting white woman near Goshen, to be taken from his custody and put to death by mob, the supreme court of Alabama has removed from office Sheriff F. w. Jln- wright of Bullock county. The decision of the court was written by Justice Simp- son and all of the justices concurred. Justice Simpson also wrote the decision in she famous Cazalas Impeachment case and in the Latham case.
 The court found that the sheriff failed to prepare for any emergency; that he did not organize his forces, and that he left the jail unprotected.
 'It matters not that the prisoner may have been guilty of the most revolting crime known to our laws" says the opinion.
 'It is vain for us to write in our con stitution that cherished heritage of Eng fish speaking people, that all persons accused of crime shall have the right to a public trial by an impartial jury, and shall not be deprived of life, liberty or property, except by due process of law if our government cannot or will not enforce 1t. A law not enforced is no law at all The sheriff who defends his prisoner from violence is defending the constitution of his state, and perchance the lives, liberty and happiness of his own family.''
 The States Charge
 Jinwright was accused by the state of neglect of duty, incompetency and con- nivance with the mob that put Johnson to death The attorneys for the defense showed that the Bullock county sheriff had an agreement with the mob to de- liver the prisoner over to the sheriff of Crenshaw county, and claimed that Jin- wright used diplomacy in leaving the jail unguarded, particularly as the at torneys for the defense claimed that the jail was indefensible.
 The court, while admitting that it was clearly proven that Jinwright had made an agreement with the mob, it was never theless imperative upon him to guard against any emergency which might arise especially since he had been ordered by the governor to protect his prisoner. at 
 all hazards.
 The court held that the sheriff, with three or four resolute men, armed, could have prevented the entrance of the mob into the jail.'
 The following is the decision in full of the supreme court:
 This is a proceeding for the impeach- ment of said P. w. Jinwright. on account of the fact that one Aberdeen Johnson, who was in the jail of Bullock county at Union Springs, in the custody of said sheriff, under a serious charge, was taken from his custody and put to death by a mob.
 "The charges are First, neglect; sec ond, grave fault; third, wilful neglect of duty; fourth, incompetency, and fifth, connivance.
 Tt is not denied that the mob placed the sheriff in handcuffs, battered down the steel door leading into the jail and also the door of the cell, and took the prisoner out and put him to death.
 Was No Opposition
 'It is shown that it took the mob about | 30 minutes. without opposition, to get into | the jail.
 '"The defense offered by the sheriff Is that when the mob came to the court | house and jail, in the morning, he had | a conference with them, and they agreed | to withdraw, and that they would offer | no violence provided the prisoner would | be delivered to the sheriff of Crenshaw | county when he arrived on the train due | at about 6:3O D. m. of that day. The | evidence does show that such an agree l ment was made, that the mob withdrew, | and went to a restaurant, about a half | mile distant, to get their dinner; that | while there they were informed by one of the citizens that a telegraph operator had caught message going over the wire | to the effect that the governor was go- | the mob then, accusing the sheriff and his deputy of acting in bad faith with them, rushed back to the courthouse, went Into | the sheriff's office, seized their guns and, | finding the sheriff in the hall of the | courthouse, handcuffed him. left him un- courthouse, and proceeded to break into | the jail; that this was some time after | o'clock in the day.
 After having secured a respite, by diplomacy, the sheriff was certainly | under the duty to prepare for any emer- gency. There was no proof that the | sheriff of Crenshaw county was really |