The Birmingham age-herald., 1915-05-05
WAL ION ADMITTED ID BAIL IN SUM OF
 $10,0OO BY ALSTON
Solicitor Black Appeals From Ruling to the
 Supreme Court
MUST REMAIN IN JAIL
 PENDING DECISION
Is Charged With Murder of M. O.. Barton-Habeas Corpus Hearing Consumed Entire Day-No Direct
 Evidence Found Against Walton

cNluCNNC VuttO n oinSt w S''C'
 Other than to state that the case was of such importance that the supreme court should pass on it, Solicitor Hugo L. Black had no comment to make on the granting of bail in the sum of $io.- 600 to Louis Walton. indicted for mur- der by Judge A H. Alston. special judge of the city court The amount of bond was fixed yesterday morning by Judge Aston at the conclusion Of the habeas corpus hearing, which has been on trial before him since Mon day morning Immediately Solicitor
 Black made exception to the ruling and gave notice of appeal to the su-
 preme court.
 Walton is under indictment for the
 murder of Nj O. Barton, business
 partner, who was found assassinated on the public road between Ensiey and Mulga on the night or April le Last week his attorneys instituted ha- beas corpus proceedings before Judge Aston, seeking to have him admitted to hail pending his trial in the crim- inal court The defendant put on a
 number of witnesses to prove an alibi and large number to testify as to his good character.
 The state brought out the fact that Walton and Barton had each taken out insurance policies of about S4o.ooo made payable to the Walton Trading company. of which Mrs. Louis Walton owned ss per cent of the stock. Louis Walton l per cent and Barton l per | cent. There was no direct testimony | introduced connecting Walton with the crime
 Must Remain in Jail
 At the present status of the cas. 1 Walton will have to remain in Jail until the supreme court has passed on l the haheas corpus hearing. His atror- news state he will have but little tron- l ble making the bond ss fixed by the | court It Is probable that the triai CT Walton will be set in the criminal | court before the case IS decided upon | by the supreme court
 The stenographic report of Judge l Alston's opinion and ruling follows As stated on yesterday at the be- l ginning of this case, this is not case 1 In W hich this court has the power 10 pass on the guilt or innocence or thts defendant. He has been Indicted ana
 the only power now that can pass upon his guilt or innocence would be l a petit jury.
 1 We start out with the proposition | that the highest laws of this country | say that every man is entitled to paii that bail shall not be denied, nor shail | excessive bail he required Bail Is only | denied in certain cases. that IS, Tn cap ital cases or cases punishable capitai, ly. and the law is very clearly settled l when bail is to be allowed even ir 1 osses of that kind. The law as laid ! down bY our courts is that ball shail not be allowed where the proof IS eVi- | dent and the presumption great; tha' bail should be allowed unless the eVl-
 dence in the case is, the proof IS eN,, dent and the presumption is great ana l then the further rule Is laid down io' the guidance of the court that has to
 mass on the question of bail, whethe ar not he would sustain a verdict thai
 might be brought in by petit Jury
 imposing capital punishment
 l Now, there is the law that we haNs
 got to start out with and there are the
 guides that have been laid down oy the
 sunreme court of this state for the gov
 ernment of the court trying the case.
 Tn analyzlng the testimony that mas heen brought out here l have no hesi tancy in saving that were l presloihs
 over this trial and jury was to bring
 in a verdict finding the defendant guilty
 and placing the death penalty upon nm
 l I woiIld set 1t aside. It Is all oircum- stantial. and there Is not a circumstance that has been developed in this tria' but what is susceptible to explanation . 1The question of the insurance ne was i ca irving in an embarrassed hnancial con dition, one of the witnesses stated yes
 terday--who was an insurance man , that it was not unusual for insurance 'o be taken out and made payable 10 the , lcompanv. making the company the bene'
 lflciary. As a matter of common knowl- edge we know insurance. as ruie. IS : never taken out as an investment; tha' , | if is taken out as protection, and
 lsuppose the great majority or men VII. carry insurance are men who are poor : they carry it for the protection or then
 families in case of death
 Entitled to Bail
 "So. measuring all this evidence anf , weighing it in the light of the ruiei , that have been laid down by the court sl I decide that this defendant Is entitled ! to bail and l will admit him to bail , Now the question of the amount Una will be required is something ,nat I, would have to get further information : Lon My construction of the law Is tha : | in fixing bail the enormity of the charge 2 | that Is preferred against the party Il 9 lnot alone to be considered, but In de D termining whether excessive ball I [ required we have to take into consio C eration the ability of the man to max
 the bail; not alone his individual worth r but whether he has that number O : friends that are capable or makinl @ bond for him, for what would pc exces e sive bail for one person would be ab y solutely inadequate in other cases. Wha ' is the ability of this man to make bail | I will ask his counsel. The proof de veloped here is that he Is bankrupt.
 MT. Beddow: "It is true, your honoI . | that his business has gone into bank