The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1915-04-20
Grand Jury Summons Same
Witnesses in Investigation
of Same Killing
WHY is A CORONER?
MIGHT WELL BE ASKED
Even If Accused Were Acquitted
Would They Be Freed? Not for an
Instant-Double Examination
Travesty on Court Procedure
by CHARLES II. MANDY

The absurdity of the present sys-
tenn OF procedure in criminal cases In
the state of Alabama was never more
forcibly exemplified than by the In
westigation now pending of tho death
of M o. Barton, the young white man
who was assassinated on tho Mulga
road about two weeks ago. Yesterday
morning Coroner Spain impaneled q
jury of good and true men and pro-
ceeded to investigate the killing. Wit
resses We're subpoenaed to appear be-
tore the coroner to give testimony re-
sarding the crime. This morning the
grand jury of Jefferson county has
subpoenaed the same witnesses to APP
Gear before them and give tetirnony
as to the same killing.
Why the Coroner's Jury?
Now, why the coroners jury? Why
the expense of an investigation by
Coroner Spain? What will the findings
Of the coroner and his Jury amount
TO? Two men are confined in the coun-
~ jail charged with the murder of
Barton In the event the coroner
jury was to acquit them, does anyone
imagine they would be released: Not
If the officers of the county know
The coroner's jury has no mere au-
thority to acauit a man charged with
q capital offense than has a kangaroo
court the authority to sentence a man
to be hanged.
Suppose the ooroner's Jury finds that
the men charged with the offense
should be held They are held alreary
and will be held until the grand jury
passes on their cases. The grand jury
H. composed of IS citizens selected by
the Jury system of the state. They are
men who have been qualified in open
court by a Judge of competent juris-
diction. Attending their deliberations
Is the paid solicitor of the county or
his assistant. a paid stenographer of
the county who takes ~down all the
testimony. They are under tho direct
supervision of the judges OF the GRIM
inal court.
The coroEer's jury Is composed of men
selected at his will and pleasure (but paic
for by the county,. In the case referred
to- the personal character and ability OF
the coroner's jury is beyond reproach.
The majority of them have been or are
officers of the law and well qualified to
sit on the case. But why are they neces-
sary? Is the grand jury of this county in
capable of passing on the case In ques-
ton? Is Coroner Spain better qualified
to examine the witnesses than Solicitor
Black? Are the findings of the coroners
jury (Which amount to naughty as tmpor-
tant as the findings of the grand jury
on which finding the accused will be ac-
quilted or be placed before the bar Of
justice to stand trial before his peers?
Examinations Travesty
The dual examination is a travesty on
court procedure; II is useless expense to
the county; II is stumbling block in the
proper administration of Justice. AT the
time the crime was committed the grand
Jury was in session. and was called to-
gether on account of the Barton assassi-
nation The moment the crime became
known. city and county officers were de-
tailed on the case. Without the aid OF the
coroner, certain parties were arrested and
others held under suspicion. Now, where
does the coroner come in?
This is not intended to reflect In tho
least on Coroner Spain. He is not respon-
sibe for the system that makes such
situation possible. 1t merely intends to
call attention to the fact that the tax
payers OF the city and county are called
upon to pay the costs of two proceedings,
one of which is Undoubtedly unnecessary.
Can there be any doubt as to which oneY