The Birmingham age-herald., 1911-02-13
FLAW DISCOVERED
 IN ASTAIE LAW Franklin County Court De- cisiOns May Be Upset MEN MAY BE FREED Many Convictions May Be Made Void If Law Is Declared Illegal and
 Some Prisoners May Be
 Liberated
MEN MAY BE FREED

Russellville, February R.-(Special.)-if an attempt which has been made by prominent attorneys of Russellville is successful before the Alabama supreme court the third week of the Franklin county circuit court, which was added to the regular terms in May and Novem- Der by law of the legislature of 1901. will be declared illegal, and a number of convictions and all business transact ed for the third week will be Illegal. At the 1907 session of the Alabama legisla- ture Representative Ben H. Smith of Franklin county offered an amendment to the code of 1896, allowing another week to be added to the regular terms of cir cult court for Franklin county. This bill became a law at the adjourned or ex- traordinary session of the legislature which was called by former Gov. B. B. Conner. but the code of 1908, which was adopted, did not contain the amendment which was made a law by the represent tative from this county. Thus, legally, the third term of the circuit court of which was transacted may be declared unconstitutional.
 This flaw in the law was discovered by Attorneys Chcnaut & Chenault in the case of the Farmers Union Warehouse vs. Mcintosh, which is now in the su- preme court, and the efforts of these at- torneys to have the decision of the cir that the third week, at which time the case was decided. was Illegal. It Is claimed that the efforts will be successful, and if so, this will also invalidate the non-jury term, which is held In this coun- ty twice each year. and all of the busi- ness done by the non-jury term since the new code of 1908 will be illegal.
 If the supreme court should uphold the attorneys in the case a number of con- victs who are now confined in the state penitentiary and sent up from this coun- ty will have to be released as the consti- tuition provides that no man can be triec twice for the same offense unless he shall carry the case to a higher court and sc- cure a reversal of his conviction. Among those who are now in the penitentiary and who will be benefited should the law be declared unconstitutional is Murvin R. Stansel, former city marshal of Rus- sellyille, who was convicted at the last term of the circuit court held in Novem- Der and given a term of one year for the manslaughter of William D. Berry. Stan sell was carried to the penitentary the first of this month and his attorneys are now preparing habeas corpus proceedings which will be returnable before the pro- bate judge of Fillmore county. and these proceedings are being made on the grounds that his conviction was illegal. An effort of attorneys will also be made 10 have Lima Mundlne, a negro woman, released also, on the same grounds. The Mundine negress was sent up for the murder of Bertha Martin, another ne- gress, and was given a term of seven years In the state penitentiary. Both are now confined in the penitentiary at Speig- ners, in Fillmore county.
 The same point of law has been raised in the case of William D. Lowery against the Northern Alabama railway, In which he secured a judgment against the com pany for fees in case in the circuit court and which the company refused to settle when the costs and amount of judgment was paid. The fees were about $700. and the judgment which Lowery secured was appealed to the supreme court and the attorneys for the company have raised the same legal point, and 1t is claimed that
 
 grounds above stated.
 This Is a unique case, and Is being watched with interest. It is probable that the cases which will decide the question will come up in few months before the state supreme court.
 Yesterdays changeable weather will cause the fruit crop of Franklin county to fall far below that which was hoped for by the large orchard men who had planted out thousands of trees in this county. large number of fruit trees were in full bloom, and when the snow, sleet and cold rain of yesterday came the orchards were given a general freeze. This will cause the fruit crop of Frank lin to fall far from the plans of the growers, as practically all of the trees, which were either in bloom or about ready to burst the buds were exposed.
 Redwood Camp No. 2S2, Woodmen of the World, will unveil a monument to the memory of Sovereign H. A. Dill in Graham cemetery on the third Sunday in this month.
 Friday evening MT. and Mrs. Fawney M Rogers entertained a number If young people of the city at the home of MT and Mrs. M. L. Mitchell with a 'tscky party" Miss Elizabeth Sibley, teacher in the public school, was awarded the prize for being the most tackily dressed.
 EATATJY SHOT RY