The Birmingham age-herald., 1915-10-09

me tion secured by Sam Davis a negro spotter. employed by the sheriffs office. Foster was placed in the county jail on the night of August 6. and but for the eff forts of his wife would have remained there indefinitely as there was no record O. his incarceration.
 Promised to Investigate
 Thursday night about : o'clock Chainey Foster. wife of the negro accosted Judge Fort in the corridors of the courthouse and requested some information as to how she could secure bond for her hus- band. who was charged with only a mis- demeanor Judge Fort readily supplied the information, but the negro woman stf ted that no bond could be made as no one seemed to know her husband was in jaii. But she was positive her husband was in jail as she talked to him on visit ins days. The story so impressed Judge Fort that he promised the woman he would investigate in the morning.
 Yesterday morning Judge Fort did in- veStigate and he ascertained that no warrant was in existence against. Albert Foster. Judge Fort then summoned all ins Warden E. B. Knight and Deputy Warden N. T. Overall of the county Jail
 Paul Copeland. deputy clerk of the criminal court, stated to Judge Fort that thorough investigation of the records Of the office of the clerk of the crim- inal court failed to reveal where a war rant had ever been filed against Albert Foster.
 The books and records of the county jail were then brought before Judge Fort. On the page against the name of Albert Foster, in apparently fresh ink, was writ ter receipt of the warrant. This net tied Judge Fort to the point that he made the statement:
 ''Gentlemen this matter is not concluded with the fact that I have recognized this negro Foster. It will be sifted to the bottom. This negro was kept in jail two long months without the privilege of a trial, and but for the efforts of his wife would still be in jail without opportunity of trial or a hearing. There has been official delinquency somewhere, and I in tend to find 1t.
 No Record of Warrant
 ''The humblest negro is entitled to a trial. This defendant was arrested and there is no record whatsoever of a war rant against him. He was in jail and bthether guilty or not guilty a warrant should have been sworn out prior to or immediately following hIs arrest in order that the clerk of the criminal court could have record of his case that a date for trial be set.
 Now there is no record of the warrant being sworn out. l am told by the war den Of the county jail that the warrant Was evidently misplaced. Another war rant, however has been sworn out today by Deputy Wiggins since I interested my self in the case. There is something wrong in such a system
 Tomorrow morning I will again have the officials of the jail before me and also the clerk of the criminal court, and we will try to sift out just how that writ ing came to be against the name of the negro Foster on the entry book of the jail.
 Warden l.. B. Knight informed Judge Fort of the manner in which his records were kept, and Deputy Sheriff Wiggins aso told of the arrest of Foster.
 Wiggins stated that he had sworn out a warrant before Judge Harrington P. Heflin in August when he arrested Eos ter and that he had sworn out another one yesterday morning when he heard the original warrant had been misplaced.
 The evidence against Foster was sup piled by Sam Davis, the negro spotter who vas fined for carrying concealed weapons in the recorders court several days ago. and whose fine was remitted at the solicitation of the sheriffs office
 
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