The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-13
REFUSE To CONVICT
/. FOR V|OLAT|ONSO Of
PROHIBITION LAWS
Judge Crow Disqualifies Jul
rors and Refuses to Try
Such Cases Now
CALLS 1T USELESS
IN FACE OF FACTS
Jurors Resent Action But Say They
Are Helpless Because They Might
Be Cited for Contempt
of Court

Following the acquittal OF ]. N. Smith,
charged with violating the prohibition
law, Judge E. c. Crow senior judge of the
circuit court, yesterday declared it was
evident that the juries drawn for the
week We're constitutionaliy opposed to con-
victon in the prohibition cases and dis
qualified them for the week SO far as this
character of cases was concerned.
He further announced that no more pro-
hibition cases would be tried this week,
but that he would sound the docket this
morning for the purpose of abating, dis
missing, taking forfeitures or continuing
the cases set fer the day. The action Of
Judge Grow in disqualifying the Juries in
the prohibition cases was much comment
ed upon and much resented by the jurors
thus summary dismissed. Several ex-
pressed themselves as being absolutely
unbiased in their decisions. and that they
had acted on the cases purely on the
evidence submitted to them One of them
stated that Judge Grow had taken an I'M
fair advantage of them, as he could cite
them for contempt IL they should publicly
express their resentment of his action.
The cases in question are several hum
dred cases appealed from the recorders
court of the city of Birmingham, about
100 cases beng set for each day. Up to
the time Judge Crow gave his ruling five
cases. all for violating the prohibition
law. had been tried and the defendant in
each case acquitted by the jury. As
sistant City Attorney r. J. Wheeler is rep
resenting the city
Judge Grow said last night that he did
not want to include in his condemnation
all the jurors drawn for the week, but
only those who had sat on the prohibition
cases. He said he saw no good purpose in
wasting the time of the court and the
public money in trying cases when the
jury refused to convict. even though the
evidence was positive.
The following citizens constitute the
Jurors drawn for the week in the circuit
court but as explained by Judge Crow
not all of them incurred the displeasure
of the court:
VIII Thomas, miner; oscar Armstrong,
miner; William j. Blackwell real estate;
Warwick P. South, electrician; Thomas
A. Marley, real estate; Walter l.. Allen,
pipe litter; Marion A. Ponder, stationary
engineer; James E. Ramsey, president;
William j. Able, supply house man; Will
liam +. Weekley. manager; Roland Z.
Duke, farmer; James I. Davis, farmer
Karl c. Daley, truck farmer; J. Thomas
Snow, Jr., farmer; b. Frank Pender, sta
tionary engineer; 7 Watt Riddle, farmer;
Thomas Bradford bridge builder; Harlin
York, motorman; Robert b. Tarpley,
clerk; Gus Grove, freight clerk; Walter
S. Holoman, timekeeper; William II.
Gray, foreman; Hat Wood, contractor;
Warner l.. Phillips, foreman; Andrew j.
Monfee, master mechanic; Albert ID.
Abercrombie, iron worker; Leon M Pill,
civil engineer; Rob Guiana, merchant;
Raj Stewart, farmer; Robert f. Wooten,
farmer; Thomas S. Alternately manager;
Sam b. Kemmeys, fireman; Robert Ii.
Hood, merchant.