The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-06-16

Wetumpka last night at
: o'clock.
''Teck" Duncan is at Wetumpka.
Was the removal of Duncan from the
Jefferson county Jail early yesterday
morning legal or was it Illegal and wholly
uncalled for?
This is the question that Is causing con-
siderable discussion and great deal of
comment on the part of the county off,
Gals the lawyers interested in the case,
and the public at large.
NJ. w. Howard, attorney for Duncan in
his recent trial for the murder of Felix
Ellard, said yesterday afternoon. 'crhe
whole affair was wholly Illegal and I'M
called for. The case is unparalleled in the
history of criminal prosecution in Jeffer-
son county. IT was an injustice TO Dun
can and to Henry Cole and Solicitor Hef-
lin, Mr.. Irwin. Mr.. Oakley. and Sheriff
McAdory will have to answer for con-
tempt of Judge Canadians COURT
Sheriff McAdory Talks
When interviewed yesterday. afternoon
concerning the removal of Duncan from
his custody and the confinement of the
county Jail yesterday morning, Sheriff Nc
Adory said: Il have nothing to say ex-
cept that | gave Duncan over to State
Transfer Agent Irwin by the authority of
the order that he presented me from
President Oakley of the state convict
board, demanding that Duncan be turned
over to the penitentiary, and upon. the
urgent demands of Solicitor Henin."
The order from President Oakley, which
was presented at the county Jail yester-
day and upon the authority of which
Thomas A. Duncan was turned over to
State Agent Irwin, read as follows
June IA, 1872
ITO the Sheriff of jefferson county
You Will deliver to j. f. Irwin the fol-
lowing named state convicts, viz: Thomas
A. Duncan, alias Tecl Duncan, murder
first degree, June IL, 1912, life. walls.
This order is issued under section e513
of the code, that this defendant may be
taken to the penitentiary for confinement
until this cause is adjudicated In the SUI
preme court.
Remarks Pay no jail board.
y. G. OAKLEY, President.
Per L."
Receipt for Duncan
After the removal of Duncan, State
Agent Irwin gave the sheriff the following
receipt:
June IS, 1872"
This is to certify that Thomas A.
Duncan was this day delivered to me;
my power to receive the same.
Signed j. F. IRWIN,
State Transfer Agent
Sheriff McAdory said Although there
may be some doubt as to my right to
turn Duncan over to the state officials,
l shall keep the order given me in return
for Duncan to prove my authority in the
matter"
Mr.. Howard, Duncan's attorney, spent
the whole morning yesterday in an at
tempt to locate Duncan, but was unsue-
cessful. He had been under the impress
sion that they had taken him to Gads-
den, but upon getting long distance con-
nection with the jail there he found that
this was Incorrect. 1t is understood that
after leaving the county jail Duncan was
taken through the country in an automo-
bile, his destination unknown.
When interviewed yesterday afternoon
Mr.. Howard made the following state
ment:
III dHSWtI 10 MI f1tll1H statement
that undue influence was being exerted
upon Duncan by Cole, want to say that
never during the time that Duncan was
confined in the Jefferson county jail did
the SSo men speak except when they
said Good morning or Good night
Upon my own advice to Cole he has never
spoken to Duncan. Mr.. Helms state
ment was gross injustice to both men.
Wanted Appeal
Duncan did most assuredly want an
appeal He had his brother-in-law TO
come to me and furnish the necessary fee
for this appeal, and he was most optnl-
istic about the matter, believing that
when he was tried the second time that
he would be acquitted.
1.-THE parties last night had no authori-
ty whatever to take Duncan from the
county Jail, and in my opinion the sheriff,
together with Mr.. Hehin and Mr.. Oakley.
should be held for contempt of court for
their actions in releasing Duncan from
the sheriff's custody. No matter where
they take Duncan, no matter where they
hide him. | shall protect him to the best
of my ability.
when I do find him, wherever he is,
shall take out a writ of habeas corpus.
the matter shall be brought before Judge
Catalan. and in all probability Duncan
shals go free. / would not like to give
a legal opinion on the matter, but 1t
seems to me that Duncan's chances for
freedom are now ten times greater than
they We're before.
Immediately following the decision of
the trial Jury, 7 went TO Duncan in the
Jail. end I made an appeal to him that
If he had not told everything before TO
tell it to me now And no answered that
he had told the truth upon the stand, and
that he knew nothing of the killing of Ell
lard until the morning afterward.
Is Without Parallel
This case is certainly unparalleled in
the history of criminal prosecution so far