davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1911-11-02

of sitting of this jury; the other two' charged with grand larceny, are still as large. ,.,.,o,,
 We cannot find upon investigation any evidence of criminal negligence on
 the part of the sheriff or his dep'i- ties. especially in view of the fact that approximately GOO prisoners nave oeen handled during the administration Of me present sheriff. - We do recommend, however, that more accurate system of description ha Lent of all prisoners incarcerated within the county jail in order mat such escapes may be more readily identified. and making it more diHl- cult to release the wrong man as was the instance in one of the escapes referred to above.
 In view of the fact that the excise commission Is a newly constituted oony which has scarcely begun It's iapors' d'iu upon whom largely depends the success or failure of the new liquor law known commonly as the Smith bill, we have no desire to make a hasty criticism Of any action of that body; and we recommend to the people of Jefferson county fa- tient attitude towards them. At the same time 1t is most unfor- tunate that that commission mas seen if to grant licenses to some or tne most of the former prohibition laws, In di- rect violation of the provisions of said Smith bill.
 We cannot understand by any pro cess of reasoning or any contortion or he imagination how men with such unsavory and criminal records, such as are borne by some of the Icenses can reasonably be expected to. obey any provision of this law if it does not please them to do so.
 We speak advisedly With reference | to this matter, having examined the record of each and every license m 1 10th the probate and criminal courts of thi scounty.
 While our investigations have been | as thorough as circumstances would permit, and the foregoing report has
 necessarily dealt largely with un- wholesome conditions (and in some in | stances involved indviduals). yet our | recommendations have been made
 solely with an eye to tine public good. In conclusion we desire to extend to l his honor, M. Frank Cahalan, judge of the criminal court of Jefferson county, our appreciation of his very | able charge which has largely guided
 us in our investigations.
 We wish to express our appreciation of the efficient service and many cour-
 tesies extended us by the Hon. Hugh A. | Locke, assistant solicitor, and for the ] invaluable assistance rendered by John | w. Lambert. official stenographer of the body, and to our attentive and cour-
 teous bailiff, Walter Smith,
 We wish furthermore to commend our sheriff. Walter K. McAdory, and his deputies for thei refficient service in | serving papers committed to them by this jury.
 We also desire to extend our thanks
 to the various county officials who have promptly responded to our requests for information and who have assisted us materially in our findings.
 Respectfully and unanimously submit ted,
 1 EDWARD WARREN, JR.,
 | Foreman of the September 1911 Term
 of Grand Jury of Jefferson County,
 Alabama.
The Birmingham age-herald., 1911-11-02
SEWANEEL LEAVES
 ON TEXAS TRIP

Sewanee, Tenn, November 1.-(Special.) The Sewanee team left here at 6 o'clock this morning on long weeks trip. The team will return next Monday, after playing both the University of Texas and Tulane.
 Monday night a rousing mass meeting was held in Forensic hall, which nearly the whole, mountain attended. Speeches by Coach Cope, members of the faculty and the student body, together with yells and songs, raised the enthusiasm to a high pitch.
 Coach Cope took 21 players with him on the trip. They were as follows: Myers, J., captain; Gilem, McClannahan, Me Callum. Gailor, Stoney, Holt, Parish, Eckert Dexheiiner, Parker, Folly, Giles pie, Noe, Swain Crockett. Magwood. Gil- lette, Davis, Horner and Myers, T.
The Birmingham age-herald., 1911-11-02
OTHER SUBJECTS ARE
 GIVEN BRIEF MENTION

In this connection we desire in all fair ness to the sheriff of this county to state that we have but little evidence of any pernieious activity on the part of this official or his deputies in making trivial or unwarranted arrests; though we have given this matter careful investigation.
 Vagrancy-In Jefferson county and par ticularly in certain sections of the city of Birmingham, there exists a number of men, both white and colored, who ire quent well known resorts and who are no more nor less than vagrants, many of whom are apparently guilty of graver offenses against the welfare of society and the laws of our community. We are heartily in favor of greater activity toward a more stringent enforcement of the vagrancy laws.
 Loterers-We recommend that the au- thorities give special attention to street corner loiterers.
 Gaming-We are informed by the sheriff that within the past 30 days over 200 white gamblers have been arrested. We in- dorse a concerted movement by the of fcials looking to the suppression of this vice within the county.
 Automobile Speeding-As instructed by the court in its charge we have investi- gated this matter and have requested the sheriff to take all possible steps look ing to the stopping of this nuisance We are advised by him that he has placed two deputies on each main highway lead ing from the city, and that more than 8 arrests have been made for this violation since this body has been in session. We furthermore are informed that vast i'm rrovement obtains in this respect at the present time.
 There is evidence before this body which tends to show conclusively that certain funk dealers of this district are aiding and abetting in the systematic theft ant concealment of all classes of commer cial metals. We recommend to the au thorities that a careful surveillance bt kept on such establishments in order tha such may be brought to the bar of jus tice It is our humble opinion that i such practices were abolished the great est temptation for such thefts would b | removed.
 Several cases have been brought t
The Birmingham age-herald., 1911-11-02
JUSTICE OF THE PEACE
 SYSTEM IS DISGRACE

In our opinion, the justice of the peace system as operated in this county Is a disgrace to civilization. Every offense that 1t is possible for human ingenuity to devise for separating dollars from the poor is perpetrated in this county, and it would be better for the state and Jefferson county if the jurisdiction of jus tices of the peace were limited to marry ing negroes who live 20 miles or more from the courthouse.
 AS an illustration that the language used above is not too strong, we call attention to the fact that at adams vile there were locked up IT men in a IA foot room, and there kept for nearly AS hours without food.
 We find there Is a systematic padding of the justices of the peace dockets and an assumption on their part of jurisdic- tion that is not conferred on these of ficials by law. There are compounding of felonies. The dockets of the justices of the peace In this county would con- vict many of them for peonage should the federal government choose to enforce it's laws against them, and we recommend that the federal government do go into a systematic probing as to peonage being perpetrated in this county.
 Among their practices, for instance, Is where the justices of the peace accumu tate money for arrests made without hope or chance of conviction, the money in- stead of going into the county treasury is dssipated by going through the pro- cess of a mock trial or even in some in stances without the formality of a trial. for the purpose of eating up the money they might have at the time they come to make their reports.
 Other practices which we understand are contrary to the law and the consti- tuition are the remission and deduction of fines; in other words, putting on the de- fendant all the traffic will bear. We be- lieve 1t would be far better for the state of Alabama that every misdemeanor in the county of Jefferson should go unpun- lshed than for a court to be run for the oppression of those unable to protect themselves. The system of criminal jur- isprudence in Jefferson county needs re- vision by the lawmakers of the state
 There should be established compre- hensive system of inferior courts with greater Jurisdiction in misdemeanor cases than Is now possessed by the inferior courts as generally existing in this coun- ty. AS they now exist, they are little more than concentrations of justice of the peace powers In the hands of one man. as against three or four justices of the people prior to their creation. Hay ing limited Jurisdiction. they burden the higher courts with a lot of offenses that should be disposed of Thereby immense costs would be saved to the county, the witnesses and the state; and until such a system is put in operation in Jefferson county, we see no way to escape from the condition that now exists.
The Birmingham age-herald., 1911-11-02
GRAND JURY VERY SENSATIONAL IN
 MAKING REPORT
CONTINUED FROM PAGE 8

secretary of the Associated Charities of Birmingham, that 1t is veritable fire trap, and in a terrible condition gener- ally, is confirmed. Recommendations are made for the building of a new aims house. 1t being declared that the expend1- ture of more money on the present plant would be useless.
 Other subjects which came in for a share of the grand jury's attention were The convict lease contracts;l ewlessness at Lewisburg; bank failures. Nomcides In Jefferson county; unprofessh al prac- tices on the part of some of the attor- neys in Birmingham, and the granting of licenses by the excise commission
The Birmingham age-herald., 1911-11-02
AGGIES DEFEAT
 ETOWAH SCHOOL

Albertville. November 1.-(Special)- The Seventh District "Aggies" returned last night from Gadsden with another scalp dangling to their belts where they took the Etowah High school into camp by 40 to 0 score. A large crowd was at the station last evening to welcome the champions back home.
The Birmingham age-herald., 1911-11-02
Place Your Order Thursday, Friday or Saturday:
 Stationery Dept, Aisle F, Front)

Smithsonian party, which accompanied Dr. A. o. Wheeler. president of the Al. pine club of Canada on his topographic survey of the British Columbia ana Alberta boundary line and the Mount Robson region, has returned to Wasb- ington In the party were Hollister. assistant curator of mamimals, and j.. H. Riley of the division of birds in the national museum. The collection, brought back to Washington is quite complete, according to MT. Hollister. ana includes all the birds and animals in- habiting the explored territory.
The Birmingham age-herald., 1911-11-02
SCATHING REPORT MADE 1 BY COUNTY GRAND JURY
fcoNTINUED FROM PAGE 3


 been Q great aid to us in this investiga- tion. While as stated we found some few errors to exist in his record, on the whole and taking into consideration the vast de- hail end great amount of work necessary fn compiling these 104 lists, they are most accurate
 i4) We find a large number of voters >vere registered in the probate office, but whose records there made it appear that they had not paid some of their poll taxes r-ordinarily for one or two years, and leome of them dating back to 1901, and who could not produce their poll tax receipts. In almost every instance these parties ccntended that they had paid this tax.
 It was our opinion that it would be both impracticable and useless to return Indictments In cases of the above nature, for without exception we believe it would have been impossible to have obtained convictions in the courts.
The Birmingham age-herald., 1911-11-02

any grand jury for their ignorance, in difference or carelessness.
 While we have no disposition to dictate or even urge such a course, we would suggest that the Investigation of illegal votes by the grand jury following each important election, especially of votes made upon affidavits, will tend to greatly nurifv the ballot of this cnuntY
The Birmingham age-herald., 1911-11-02

ty institutions than by letting them out simply for their maintenance.
 As ar illustration we find that this coun- ty is spending s125 to $40 per month for milk alone for use at the Hillman hospi- tai which could easily be produced on its own farm with the women convicts above
The Birmingham age-herald., 1911-11-02

FOR sALE-CAR TENNESSEE EAR CORN, CHOICE MICHIGAN TIMOTHY HAY, CAR NORTHERN CLIP. WHITE OATS, MIXED DAIRY AND HORSE FEEDS WHEAT BRAN AND SHORTS, AND ALL KINDS OF CHICKEN FEED,
 PHONES POI. 2313-15 MORRIS AVE. H. CHAIRSELL.
The Birmingham age-herald., 1911-11-02
Smithsonian Party Returns

Washington, November 1.--with a collection of about 600 specimens of birds and animals, the latter ranging In size from tiny mole like creatures to full grown caribous and bears. the
The Birmingham age-herald., 1911-11-02
MADE
 ON THE FEE SYSTEM

In reference to this system we desire to heartily and unanimously indorse the re-
 marks contained in the courts charge to
 his -ury. Our observations since conven- ing on September 4 have merely con- fiimed our opinion that the very principle
 of this sytsem is iniquitous.
 We commend to the voters of this coun- ty the constitutional amendment to be submitted to the voters of the state at the general election in November, 1912, so as to authorize and empower the legis lature at any time by general or local laws
 to fix the amount and basis of compensa- tion of county officers of Jefferson county | The effect of this amendment will be to enable the legislature to fix the compen- out reference to the other counties In the
 state, and to abolish in whole or in part.
 so far as Jefferson county is concerned. the fee system.
 Cnder the salary system we believe that
 the ends of justice will be as fully met that there will be fewer cases in the courts, fewer witnesses to crowd our
 courthouse. and fewer prisoners in our
 county jail During the past 12 months
 there appears from the records of the
 criminal court clerk 2539 cases nolle
 prossequied, acquitted and abated or
 withdrawn, at a cost to the county Cor
 to be exact. charged to the fine and for
 feiturc fund) $63,673.O9.
 It might be interesting to state here from a report made at our request by the criInial court clerk covering the fiscal year ending September 1, 1911, the follow | ing facts and figures:
The Birmingham age-herald., 1911-11-02

the attention of the grand jury in which we were satisfied in our own minds of the guilt of the accuser, but in which there was not sufficient evidence produced upon which we think a trial jury could conscientiously bring verdict of guilty. This is sometimes due to the failure or those bringing the accusations to secure the proper and necessary witnesses, and to their not giving the deputies proper in- formation and support in finding those subpoenaed; in other cases of various offenses offered this body for investiga- ton it was utterly impossible to bring in-
 dictments because the officers of the law had failed to make proper memoranda at the time of the offense and arrest and their memory failed to recall the neces- sary particulars.
 We would recommend and urge upon every officer of the law that very care ful memorandum be kept of every arrest for an indictable offense and of every offense of such nature coming to their
 attention, and the careful preservation of all material evidence.
 For the information of the thinking peo-
 pie of this county we submit the follow ing figures from a statement furnished
 us by the coroner at our request: From October 1, 1910, to October 26, 1911,
 there were 155 unlawful killings in this
 county.
 We submit that these figures address
 themselves directly to the consciences of
 pecially with reference to evading crim-
The Birmingham age-herald., 1911-11-02

R5.25-ATLANTA AND RETURN-SJ.25 TICKETS ON SALE NOVEMBER z, &, II, IF, Ia; LIMITED DECEMBER 4.
 SOUTHERN RAILWAY
 FOUR TRAINS DAILY EACH WAY. LEAVE BIRMINGHAM O,3O A. sl., D,3O A. M., 4:26 F. M., 12;15 MIDNIGHT. LOCAL SLEEPER ON THE MIDNIGHT TRAIN, READY FOR OCCUPANCY AT
 0P IF. M.
The Birmingham age-herald., 1911-11-02
COMPENSATION FROM
 CONNECTS NOT ENOUGH

It has been brought to our attention that this county is not deriving under the present contract made January l. 19o9 ard expiring December 31. 1912, an income comparing favorably with that derived under former contracts. Upon investiga- tion we find that the contract for the V, ars 1905 to 1908, inclusive, was as fol- lows:
 All male convicts 16 years and older,
 sentenced for service for less than
 F months. per capita $500 All male convicts 1s fears and older,
 sent ntenced for service for 12 months
 and longer. per capita ............ o49O For all boys and female convicts, term, per capita ....................... 1920
 Under the present contract the follow ing SC ale obtains:
 All male convicts, 16 years and older, per capita ........................... 10.o0 All boys under 16 years and all female ccnvicts maintenance only.
 We find that this contract was let after sealed bids had been advertised for, re- jected re-advertised and received again ana there appears to have been a concert ed action among certain of the large users of convict labor in this county with ref erence to these bids. The contract was | finally let to the present leasing company at the figures last above quoted after 1t | had Teen found that it was the best figure | ODld'DdDie. | It ia our opinion that the county Is not | at this time receiving sufficient compen- | sS tion for the lease of it's convicts, and we recommend the leasing only of long | term and able bodied convicts for which
 q good price can be obtained, and the use of al, short term convicts on the roads of l the county.
 | These short term convicts constitute | approximately 60 per cent of the total | rrt11itr if iS onipiop ba b,,, | irg them on the roads of the county far better results could be obtained than by l the present system of contracting this work. and very nearly as much money would be derived from the lease of the long term convicts at a higher price as
 the leasing of the total number under the present contract.
 l II appears to us that the women. boys and disabled men of this county could be ] used to better advantage upon the coup-
 ty farm in truck farming and dairyins
 work for the benefit of the different coun.
The Birmingham age-herald., 1911-11-02
Work on Annex Progressing

WOrk on Annex PrOgresSlng r Russellville, November 1.--(Special.)- The annex to the jail here, being built by the Hull Construction company, will be completed by February l. 1912.
The Birmingham age-herald., 1911-11-02

.ZOS4
 Cases arising by indictment ......... 735
 We further find that while the county
 has a hard labor agent to receive all
 moneys accruing from the lease of county
 convcts, before said moneys finally reach the county treasurer the criminal court clerk is allowed to deduct per cent for simply receiving such moneys and trans
 mitting them to their proper accounts safd per cent amounting in the past year 60 sum approXimating $1050.
 This law, as well as a large volume of
 other laws, applies only to the county of Jefferson, and conclusively shows what
 grip the fee system has on this county We call attention to the fact that this last mentioned amount comes directly out
 of the fine and forfeiture fund which is
 she only fund for payment of witnesses l upon this court and which is at the pres | ent time far behind, giving life In our county to the script buyers.
 We condemn any system which tends to prevent witnesses attending this courr from receiving spot cash in full for their attendance; especially we think this ap- plies to rural witnesses who are forced to come to and remain in the city at their own expense. We mention this one in-
 stance as bearing upon the many inroads
 of the fee system upon the fine and for
 feture fund of this county
 Feeding of Prisoners.-Under the statute lJe sheriff of Jefferson county is allowed 3O cents per day per capita for feeding prisoners. We have investigated this mat ter and feel that his is an expense that should be borne by the state, and desire to go on record as being unalterably op- posed to any system which permits the sheriff to make a profit on feeding the poor unfortunate who Is cast into prison
The Birmingham age-herald., 1911-11-02
SIX REGISTRATIONS AT
 LEWISBURG IN TWO YEARS

Words are inadequate to express the de- plorable condition existing at Lewisburg a mining camp situated on the very out skirts of the city of Birmingham. In March, 1910, Luther Broom was shot down on the very doorstep of a store in which were 9 number of people.
 To date no witness has been produced who has chosen to shed any light what seever upon this crime. During the sit ting of the jury, as is commonly known. Lawrence B. Evans was shot from ann bush in broad daylight on the public high- way while riding in a buggy seated be- side a companion, and in plain view of several onlookers.
 This grand jury has been unable to adduce any direct evidence which would tend to convict anyone for this crime.
 This is the sixth assassination which has been committed at that hamlet with in the past two years for which not a conviction has been had. We have ex- amned numerous witnesses, and almost without exception their actions and evi- dence tend to show conclusively that they gre in fear of their own lives and a reign of terror exists in that community at the present time; some have gone so far as to state that if they knew any thing and were today forced to testify in open court, they would make immedi- ate preparations to leave the state.
 Since this investigation was instituted by this body the lives of certain of ficials in this county have been threat ened. The seriousness of this situation, ard in view of the fact that the county officials have so far been unable to cope with same, makes it incumbent npon this body to respectfully call the attention of the proper state authorities for immedi- ate action, and we urge that the gov of Ia off ,ia
 ward commensurate with conditions ex- isting.
 The persistent rumor that has been afloat throughout this county and state with reference to the above caption has come to the attention of the grand jury We do not touch In this report upon indictments brought against certain of ficials, but there is information which we deem proper to give to the people of this county in reference to this mat ter other than that relating to the in- dictments brought. to-wit:
The Birmingham age-herald., 1911-11-02
TAKE UP OFFICE OF
 TAX COMMISSIONER


 his body that one A. A. Gambill, in charge of the tax commissioners of fee, has approached numerous individ- uas representing and controlling some of the largest taxable property within the county, with the proposition that they do not assess their property with the tax assessor. as required by law, for the current year. but that it would be to their material interests to allow said assessments to go by default and that he. the said Gambill, would attend to their assessments in the spring It is evident that the only incentive | he could have for such a procedure would be to thereby obtain a commits sion of 10 per cent, which is allowed the county tax commissioner for such assessment thus indirectly filching l from the treasury of this county funds to which it is rightfully entitled. | The evidence further tends to show | that one R. D. Burnett made similar proposition, acting. as it would appear | as an agent for said Gambill.
 | The, conduct of the. affairs of the i City Bank and Trust company and it's associated and succeeding companies offers such a labyrinth of mismanage- ment, criminal negligence and 1iola- tions of all rules of business ethics ano moral obligations as to beggar descrip- l ton. 2fEs f4 l It would be impossible in brief re- | port to attempt to enumerate specific instances brought to the attention of this body. Suffice it to say that the evidence adduced by this jury would indicate the insolvency of this instltu- tion before its doors were ever opened for business, and continuing until | closed by the state authorities