The Birmingham age-herald., 1922-05-05
COURT HOLDS SHAY
 TRIAL WAS UNF AIR.
Madden Mob ThreatenedPriS- oner-Judgment of Death
 Is Reversed
By FRED II. GORMLEY Montgomery Bureau, The Age-Herald. 22I-2 First National Hank BuiIding


 Montgomery, May -lSpecial.1- Holding that ''maddened mob" was active during the trial and that he didn't receive that fair, impartial. consideration at the hands of the court which is guaranteed by the Thursday reversed the judgment of death imposed on F. Whit Seay for the murder of his wife in Lauderdale county, and returned the case to the trial
 Chief Justice John c. Anderson wrote the opinion i.l the case, which was approved by every member of victed late last year 1t a trial which attracted attention throughout the state and which caused the formation of crowds on the streets of Florence. dence, mob attempted to break the lock on the Jail in which Seay was incarcerated, and Attorney General Harwell G. Davis, who was attending meeting of the American legion, de- livered an address in which he urged the mob not to interfere with the orderly administration of justice.
 But Seay would have received am other trial had not the mob been formed. The court found that a re- versible error was committed by the trial court when it refused t0 permit the defense to cross examine and propound hypothetical questions to a Dr. Jackson. who had testified for the state that he believed Seay to be a sane person. The court held that since the state received the benefit of Dr. Jackson's testimony the defense should have been accorded the right to obtain such other information from him as might be permissible under the law.
 Opinion Is Unusual
 It is an unusual thing for the SUI preme court to write an opinion such as the one handed down in the Seay case. Not only did it hold that re- versible error was committed by the trial court in not permitting the de- fense to oss-examine Dr. Jackson. but it held that the trial court ter red in not granting the motion for a new trial because the defendant did not have fair and impartial trial.'
 "The offense charged and the man. ner of perpetration was harrow ing and revolting as to stir the blood of the coolest and most law abiding" said the courts opinion. But the law should prevail, without any reference to the magnitude or brutality of the offense charged. No matter how re- volting the accusation. how clear the proof or how degraded or even brutal the offender the constitution, the law, the very genius of Anglo Amer ican liberty demand a fair and m- partial trial. If guilty, let him suf- fer such penalty as an impartial jury. unawed by outside pressure, may, un- der the law. inflict upon him. He is Il human being and is entitled to this. Let not an outraged public or one which deems itself outra ged, stain ts own hands-stamp on it's soul the sin of great crime--on the false plea that it is but the avenger of the innocent. The accused being entitled to a trial by an impartial jury. Is deprived of this right when the jury is overawed or coerced by outside in- fluence. pressure or conduct.
 Maddened Not
 .The formulation of maddened mol for the purpose of intimidating the court or jury and thereby using the machinery of the law as an in strumentality for wreaking it's veng- canoe upon the accused is as unjust- fiable as a direct resort to violence. The former is perhaps more repre- hensible than the latter as 1t Is but an attempt to conceal the outrage with the cloak of trial and judg- ment of a legal tribunal.
 .The evidence not only disclose' such conduct on the part of the mon as would overawe the average jury but indicates that the entire atmos- phere during the trial, from start TO finish. was permeased with excite ment. feeling and general determina- ton to condemn and punish this 1e- Ifendant regardless of his mental re- [ sporsibility at the time of the un' fortunate homicide. Indeed, 1t ap' pears that the mob. during the prog rcss of the trial. attempted to pr.~R