The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1913-10-09
Justice of Peace Fined $50
and Sentenced to Ten
Days in Jail for
Contempt
SAID THE CRIMINAL
COURT NEEDED PROBE
BY THE GRAND JURY
Berry Had Been Reproved by Fort
for Issuing Warrants Too Freely.
After Few Hours in Jail
He Repents, But
Without Avail

Justice of the Peace II. p. Berry of
Palos was fined $25 in two cases of con-
tempt of court and given an additional
liam e. Fort of the criminal court yes
terday. and Is in the county jail serving
out his sentence.
The committal of Justice Berry occurred
during the trial of a case against a man
named Matt Vaughn. who was charged
with running a pool room without a
license. The warrant was sworn out by a
man said to be named Robert Wright, /"
whose identity could not be determined
by Justice Berry or any of the witnesses
for the prosecution.
Judge Fort questioned the Justice as to
the advisability of issuing warrants at
the instances of unknown persons, and
stated that over 100 cases had come before
the criminal court of Jefferson county
from his court that were subsequently
thrown out of court for want of evidence
or want of prosecution.
In answer to the direct question, who
is Robert Wright" Berry replied that he
was from Cordova Investigation proved
that no such a man as Robert Wright
either white or black. ever lived at Cor
dova, and that ne was unknown in Palos.
Berry Attempts Repartee
Judge Fort sked Berry whether he was
in the habit of issuing warrants without
investigating the circumstances. To this
question Berry replied that he issued war;
rants on information and belief. Judge
Fort then stated that the grand jury was
investigating a number of warrants that
had been issued by Berry, to which he
replied that his court was not the only
court that needed investigation" and that
the second division of the criminal court
fought also to be probed by the grand
jury
what did you say?p inquired Judge
Fort.
You heard what | said,' replied Berry.
Il said that this court needs investiga-
tion.'
II will fine you SIS for contempt of
court and sentence you to five days in the
county JAIL" retorted Judge Fort
AS the justice was walking out OF
the court he was heard to remark.
This matter will be settled at the
polls
Judge Fort ordered Berry TO De
brought again before him and again as
sessed a fine of $25 and five days in
tail, and instructed the bailif to carry
out the orders of the court.
After a few hours in Jail Berry re-
pented and sent to Judge Fort the fol-
lowing note:
Hon Judge w. f. Fort.
Il regret the action of mine in
court, and my remarks were not in
tended to cast any reflection on you
either as Judge or as private
citizen. / hold you to be an honest
fair and impartial judge. | am, sir
yours, HENRY L. BERRf
Will Serve Sentence
Judge Fort stated last night that so
many instances had come to his notice
Of the promiscous issuance of warrtns
by Justice Berry and their subsequent
dismissal by the various courts of the
county when brought to trial that he
felt an investigation was necessary. He
stated that over 100 cases have been
thrown out of court by the failure of
the person swearing out the warrant to
be present when the case was called
Dave Kennybrook. deputy sheriff, who
served the papers In the above case,
was not able to be present as he was
attending the Nabors trial in the fed
eral court.
While Judge Fort would not make
any statement about his final DISPOSE
tion of the case it is. understood that
Berry will serve out his sentence and
pay the $50 fine.