The Birmingham age-herald., 1913-07-31
HARD FIGHT MADE
ON PISTOL CARRIER
Fine and Jail Sentence I'm
posed on BrOwn-BOyd
Acts as Prosecutor

A fine of s100 and 80 days in Jail was the
sentence imposed upon ]. S. Brown, an
official of the Iconoclast, a weekly news
paper, by Judge Jelks Cabaniss in the, re-
corder's court yesterday afternoon on the
charge of carrying concealed weapons.
Brown made a hard fight against the
case, having as his attorney John w.
Altman. City Attorney Romaine Boyd
personally acted as prosecutor for the
city. Th cease will be appealed.
According to the evidence Brown se-
cured permit from Sheriff w. X Nc
Adory to carry a pistol, and his defense
was based on the contention that he was
a deputy sheriff. The defendant admitted,
however, that he had never made an ar
rest and that he received no remuneration
from the sheriff's office and would not re-
ceive any If he did make an arrest. City
Attorney Boyd declared that Shefiff Nc
Adory nor any other official of the county
or city had any right to issue a permit
for any one to carry concealed arms
Attorney Boyd made an eloquent plea
for conviction. He stated that the case
was merely another aggravated case of
piSlOl lOlil6 Dy d I1dH Oi prominence
and that 1t had to be stopped if Birming-
ham and jefferson county is to get rid
of the stain which has beG placed on
their names by the horrible list of homi-
cides and shooting scrapes." He argued
that poor and unknown man soma time
ago had been sentenced to work OF. the
streets and the court could not afford to
draw line of distinction because this de-
fendant was well known and had friends
to work for him." Mr.. Boyd contended
that the defendants responsibility and ex-
ample were even greater because of his
prominence and standing in the commun-
ity and that therefore his guilt was
greater. He said that the permit from the
sheriff's office was merely a pretext for
this man to carry a gun and protect him.
self.
Attorney Altman contended that the
case at bar was merely another chapter in
city has been carrying on for some time, -
that the defendant was bona fide deputy
sheriff and therefore had a right to carry
pistol.
Judge Cabaniss said In passing sentence
that no man had any right to carry arms
unless he was bona fide peace officer,
which he considered Mr.. Brown was not.
and that even then no genuine officer of
the law had any right to carry a pistol
when he was off duty. Te court cited a
case in which he had fined two deputy
sheriffs from another county who wore
their weapons in Birmingham
The case originated some several days
ago, it is claimed. when a policeman heard
a gun fired one night at Third avenue and
Eighteenth street. The policeman alleged
he saw Brown put a gun into his pocket
and start to run. The officer gave chase,
caught Brown and arrested him on a
charge of firing firearms within the city
limits. The case did not come to the at
tention of the city attorneys office until
yesterday, when the facts in the case were
presented and warrant was Immediate
ly sworn out against Mr.. Brown for carry
ing concealed weapons
The case against the Iconoclast COM
pany on the charge of publishing 'Lewd
libelous and vulgar language" was on
trial yesterday afternoon before Judge
Cabaniss. but the court has several writ
ten documents to examine and decision
will not be rendered until today. The city
is prosecuting this case also
Mr.. Brown was allowed bond. The legal
department of the city is working hard to
stamp out the practice of pistol toting. =
which is acknowledged to be very preva-
lent in Birmingham and responsible for
many of it's crimes.