The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-10
JEFF STARK GOES
FREE IN SPITE Of
BOARDS REFUSAL
William F. Feauin Made Prin-
cipaI In $4,000 Suit By
Mobile Man
STATE CAPITAL BUREAU !
TUE AGE-HERALD !
Montgomery, Ala, May O.

Jeff Stark of Lauderdale county,
who was convicted of manufacturing
liquor with A. D. McInnish, walked
from the state prison free man
Wednesday afternoon, having been
granted L parole by Governor Bran
don. The state board of pardons
earlier in the day declined to recon-
mend clemency. The board refused
to recommend the release of McInnisl,
last month. but Govrnor Brandon
granted him his liberty on the petit
ton of a large number of citizens.
When McInnish's case was before
the board the members voted unani-
mously against favorable report,
and said: IF this applicant is released
consistency demands that the other
joint offenders be released unless 1t
can be shown that such other two.
after being given equal opportunity
to show works of repentance. refused
to do so. The release of these three
distiliers at once in one county would
not create a very favorable feeling
toward law and order"
In denying Stark's appeal for ex-
ecutive elemency the board adopted
portions of it's opinion in McInnish' 8
case, and stated further, that consis-
tency required the refusal of Stark's
petition" However, the board ex-
presented stronger case than McIn-
nish. The trial judge, solicitor and
al members of the jury recommended
the release of Stark.
AiIEOOd FavOrs Leniency.
Harwell G. Davis attorney general,
and S. Ii. Blan secretary of state,
voted against the release of Stark,
while w. b. AllgooA stat. auditor.
voted for it. Mr.. Allgood wrote a
minority opinion in which he said he
was convinced that MeInnish and
Stark should serve their sentences,
e but since the governor had released
McInnish, and the trial judge. solicitor
and jury had recommended the parole
of Stark, he believed Stark should be
given his liberty.
Governor Brandon made no mention
of the action of the majority in refus-
ing Stark's appeal. and in his order
for parole said: "Inasmuch as this
man was convicted by the federal
court and served his time and was
convicted at the same time as A. d.
McInnish. who has been paroled and
all of the jurors have asked for his
parole. and for the seasons set out in
Mc1nEiah's case, let parole issue dur
ing good behavior" One of Governor
Brandon's reasons for releasing Nc
1nnish was that he had been convicted
of the same offense in the federal
court and had served sentence.
FEAGIN SUED
William +. Feagin, former state
warden general, and the National
Surety company, which furnished Mr..
Feagin's bond, were made defendants
in a suit for $4,000 filed in circuit
court, "Wednesday by w. H. Blalock Of
Mobile. who was convicted of a mis-
demeanor in Mobile county. Blalock
sued for 1000 for every day he was
held at the state tubercular hospital
for convicts after his term expired,
according to the bill of complaint.
Blalock alleged that his term ended
December IA. 1922. and that he was
held at the hospital until December
IS. 1922. Attached to, the complaint
was an exhibit which stated that the
convict was released at Weutmpka
with no money and no clothing, and
that he was forced to defray his own
expenses from Wetumpka to Mobile.
Letters also were exhibited to show
that requests for the release of Bla-
lack were made by A S. Towles pres
ident of the Mobile board of revenue,
and T. b. Almon, clerk of the board
\ letter from Mr.. Feagin to the board
of revenue stated that Blalack's phys
ical condition was such that a re-
lease order was necessary either from
DR.. Glenn Andrews. state prison In
spector. or,Dr. r. N Smith, physician
Inspector Of the convict department.
Blalock was given hard labor
sentence for violating the prohibition
law in Mobile county and came I'M
der the control of the state convict
department because of symptoms Of
tuberculosis.