The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-06
AUSTIN CLEAREDOF
PROHIBITION LAW
VIOLATION CHARGE
Judge Fort Declares ACCUSE
tiOns Without Merit and
ExOnerates Deputy
Sheriff

This clearly seems to be a case OF
malicious prosecution, and you are dis
charged, Mr.. Austin. The costs of this
case 1 will assess against the prosecu-
ton
Judge William E. Fort thus disposed of
the case of a violation of the prohibition
law against Conrad w. Austin, deputy
sheriff, in the second division of the
criminal court yesterday afternoon. The
warrant against Mr.. Austin had been
sworn out by Grover Hendon, a former
deputy sheriff, and he was taxed with
the costs of the court, which was stated
to be in the neighborhood of $40.
The case of Mr.. Austin came up in the
first division of the criminal court yes
terday morning, and there was passed
until resummons. This was due to mis-
understanding, according to Mr.. Austin,
who stated he wanted immediate trial
and that he would conduct his own de-
Tense. After a consultation with Solicl-
tor Hugo l.. Black. the case OF Mr.. Aus
tin was transferred to the second division
of the criminal court before Judge Vii
liam E. Fort, Where 1T went TO trial
shortly before noon without d jury.
HENDON FIRST WITNESS
Grover henQon was the first witness for
the state He testified that MI. Austin
rad requested hun to carry bottle of
whisky out OF the jail for him. Deputies
HartSneld and Harris were also put on
the stand, but they stated tnat they knew
nothing OF this transaction. Wnlle Hen
don was on the stand he was put through
grilllng cross-examination by Mr. AUS
tin, ON certain conditions in and about
the county Jail.
Sheriff thomas w. Batson, was the first
witness offered by the defense and he tes-
tined that he had never seen Mr.. Austin
take any liquors and that Mr.. Austin had
been very diligent in enforcing the prohi-
bition law. This statement brought forth
smiles from the large crowd present
Sheriff Batson also testified that Mr.
Austin had frequently complained of the
disappearance of liquors which he was
keeping as evidence.
In the afternoon session of the court
Deputy Austin took the stand and shere
recounted the incidents which had led to
the swearing out of a warrant against
him for violation of the prohibition law.
The story of Mr.. Austin went into de-
tails on conditions within the county Jail
and regarding the disposal of certain IL
quors. Immediately after Mr.. Austin left
the stand Judge Fort announced his YER
dict and said:
WITHHOLDS COMMENT
From the evidence submitted before me
today, it seems that conditions are such
as to demand a thorough investigation.
However, as other cases of a similar ma
ture are coming before me in the future.
L will not comment further than to say
that this is clearly a case of persecution
90 Of or
inside warden Of the county Jail; A. b.
Batson, inside warden of the JAIL and
w. M. B. Merriweather, a former inside
warden of the county Jail, were passed
yesterday until September IS, owing to
the absence of a witness, Albert Box, who
is serving a 10-year sentence for murder
in the state penitentiary Mr.. Mrri-
weathers case was set for the first di.
vision of the criminal court before jury,
but he requested trial without jury
before Judge Fort, which was granted
The cases against Higdon, Batson and
Merriweather all grew out of certain al
legged irregularities in the destruction of
condemned liquors within the county Jail
last spring. These irregularities were in
vestigated by Deputy Austin and arrests
and grand jury indictments followed. Mr..
Austin arrest on a charge of violating
the prohibition law followed almost imme-
diately.
The cases of two negro courthouse jani-
tors who were charged with violations of
the prohibition law in connection with the
alleged county Jail Irregularities were also
passed by Judge Fort until September Is,
at which time the missing witness, Albert
Box, will be present to testify for the
state
The cases against Mr.. Austin and the
other former attaches of the county jail
attracted much attention and the court
room of the second division of the crimi-
nal court was crowded. One of the inter
ested visitors in the proceedings during
the trial of Mr.. Austin was Fred M
Jackson the we'll known local capitalist
and prohibition leader. Mr.. Jackson con-
graduated Mr.. Austin on his acquittal.