The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-06-25
Famous Prisoner Brought
Back to jefferson County
Jail Last Night
HABEAS CORPUS SUIT
WON IN MONTGOMERY
After Mysterious and Sensational Re-
moval Several Days Ago Duncan
Is Again Brought Back and
Placed in His Old Cell

Tecl1 Duncan is back in his old cell at
the Jefferson county Jail
He arrived on the II ;53 train from
Montgomery last night, accompanied by
Sheriff McAdory and Deputy Sheriff
Chew, and was taken Immediately to
the county jail and carried up to his
old cell. Duncan seemed in high spir-
It's as he stepped off the train. He
shook hands all around saying that he
was glad to see everybody.
Duncan was turned over to Sheriff
McAdory last night at Montgomery at
: o'clock after his attorney had won
habeas corpus suit before Judge Pear
son, and remained IN the sheriff's GUS
tody until train time. His return has
decided a much discussed question and
signifies, 1t is said, that Duncan's at
tnrney has won big and decisive vic
tory over the prosecution and the
county solicitor. II. p. Helm.
w. Fl. Howard, attorney for Duncan,
also returned on last nights train and
vas considerably elated over his vic
tory. He came up in a separate coach
!. from tho one in which Duncan rode
and left Immediately for his home upon
his arrival in the city. When asked If
he was glad to get back here, Teck
smiled and said: Sure, you know l
am. l get different treatment here
than l did down there, and / appreciate
IL, too"
Put in Old Cell
When the party arrived at the coun-
~ jail Sheriff McAdory gave the fol-
lowing instructions to the wardens:
that he does not talk to Cole nor see
him. These are the same orders as
before and they are to be rigidly OBJ
served. as before. Duncan must not see
Cole, but any visitor who has the right
may see Duncan at any time"
Duncan was taken Immediately to
his cell and greeted his old celmatcs
hilariously When asked If he had any
statement to make he said: II have
nothing to say except that I'm sure
slad to get back here, things look so
familiar" In answer to the question
as to where he had been taken on the
night that he left the jefferson county
Jail, he said: Il don't like to say any
thing about that yet, except that they
gave me a good time that night and
took me JOY riding until train time"
The hearing in Montgomery of the
habeas corpus proceedings that enabled
Sheriff McAdory to get Duncan back in
the county Jail, was brought up before
Judge w. w. Pearson in that city yester-
day afternoon. The hearing lasted until
1880 O'clock when the court adjourned
until $3.50 o'clock. The hearing then
lasted three moro hours, and Judge Pear
son granted the writ at $50 o'clock. The
prisoner was turned over TO Sheriff Nc
Adory at Z o'clock
THE prosecution was represented by Mr..
Helm and Frank S. White, who con-
tested every move the defense made. At
torney Howard for Duncan mad his case
well in hand, and laid his plea before
Judge Pearson forcibly and with such
conviction as TO win his fight
A Technical Fight
The hearing was a technical legal fight,
pure and simple Each step was holly
contested by both sides. In speaking OF
his attorneys victory, Duncan said: Mr.
Howard certainly won. He had to gain
each step as they went along, but what
he gained, was gained for good. What
he said in Montgomery is going to help
me a lot
Duncan says re never saw Cole in the
county Jail here, as had been charged
and he said last night that lie was hot
for an appeal, and instructed my attor-
neys to make that step l diun't want to
leave and l am certainly glad to get
back"
The legality of Duncans removal was
decided yesterday in Montgo---ery, wher
Judge Pearson told Sheriff McAdory thai
he was guilty of an escape. Sheriff Nc
Adory said Il was Il little afraid thai
Judge Pearson would turn Teck loose al
together. and then l would most GER
tainly have been guilty of an escape. bu
the matter was not mentioned during the
hearing by either of the attorneys. How
ever, Judge Pearson still holds that / an
guilty of an escape"
Attorney Howard would not state wha
would be the next move by the defense
hrt gave the impression that he had othe
k9bapers that would be presented before
Birmingham judge for hearing In thu
near future. He said, however, thai
nothing could be done about Dmncan'i
appeal now filed in Judge Gahalan'
court. but that that would have to avail
the supreme court decision next fall.
solicitor Heflin ana Fran.i s. White
did not return ON the train from Mont
eomery last night. but remained in thu
capital.
JOHNS, Undertaking Co.. Phones lOc2.
~ ---------s------------
LICE 10y. Underwater. Phones 7ss.