The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-27

CHAPTER VII
On the afternoon of January II,
1904, the first Tuesday after the trag-
edy, the chief of detectives and the
chief of police took me in a carria &c
from the state prison to the city hall
for my preliminary hearing. The
corridors of the building were packed
with all sorts of persons. II any
members of the mob that tried to
lynch me were present they did moth
ing to show their special interest in
the case-assuming that interest still
existed.
had employed firm of attorneys
in a tentative way-the 'if" being
whether 1 should be able to raise
some money They had agreed to
represent me at the preliminary, any
way, and the junior member of the
firm was on hand.
The justice of the peace was one
armed man and very savage looking.
Whether that look was natural or as
sumed l do not know. After the
complaint had been read to me, in
Guiding the charge that l 'wilfully,
maliciously, feloniously and OF malice
eforethought with specific intent to
kill, and murder" had slain the man
the authorities having decided to
try one case at a time-I saw that
scowling face of the justice turned
toward me. and he said:
You have heard the reading of the
complaint: How dc you plead? Are
you guilty or not guilty?"
Not guilty" l answered.
and are you ready for trial?" he
inquired next.
My attorney was on his feet. I sat
down.
IF your honor please" he addressed
the court. the defendant desires to
waive his right to a hearing at this
time; he does not however, waive his
right to object to the jurisdiction of
This court-the committing magis-
trate."
No Indictment Needed.
l do not recall at this time what
further was said in connection with
the proceedings, which were very
brief. In that state no Indictment by
a grand jury was necessary, the prac-
tice being to. hold a defendant-bind
him over--to the district court,
wherein the district attorney would
file an information charging anew
there the offense, and he would be
tried upon that informant The
committing magistrate duly ordered
me held for the action of the higher
court and | was placed in the custody
of the sheriff of that county.
After court was adjourned. and be-
fore the sheriff came to slip hand
cuffs on. my attorney made to me a
brief explanation in low words.
Il raised that objection said he.
"as there might be technical point
involved springing from the wording
of the statute regarding what courts
may act committing magistrates in
felony case. You see, We've got to
begin right at the first looking for
every possible opportunity of guard
Ing our interests. You know, Mr.
Kane. without my telling you so,
that the best we may hope for is to
save your lfe-that is, for the pres
emit. and I have an idea" he added
hesitatingly. that we won't have so
easy time in the matter, either
The sheriff. a portly man with a
we'll kept moustache, came up sml1-
Ing and shook hands. first with my
attorney and then with me.
"Now. then, John, l believe I'd
rather call you by your first name"
said he. "lo u heard the judge say
that I'm to take you down to live
with US FOR while. didn't your"
Yes. sir" l answered; Il heard
every word of it"
"All right. then" he continued in
true western accent, IF you're not
ashamed to walk out of the room
with me We'll go. And johnnie
tegan to reach for an inside pocket
"as much as we dislike some duties,
we hare to perform them" And ne
held out some bright handouts and
snapped them on my wrists.
mat SHeTllI was TIE stCoHu one L
had met since my arrest for whom l
entertained a real liking.
Ten Miutcs to Cell.
My partner. who had been brought
down from the pcnitentiary along
with me as witness against Ire, and
was also placed in the sheriff's GUS
tody for safe keeping, was escorted
by deputy sheriff. Within 10 min
utes from the time of court adjourn
I, It'll
After supper, which showed me
that the food was simply awful, l
was taken to a cell on the second
floor. And during my whole stay
there l had cell to myself for which
was truly thankful. There were
but II other prisoners on that upper
tier, which caused the air to be bet
Der, and after retiring to my cot |
= slept without single break for
almost eight hours
Other inmates were talking back
and forth in low tones when / awoke
the next morning. Even had l not
seen them on the preceding evening,
their talk would have told me that
they were not much the flotsam
and jetsam, dregs- of-creation type,
as were those l had seen on the floor
below.
~fiey. Fred" heard one call out
"tf,fs is visiting day. I'll bet that
your old1ady won't come to see you
today"
Wish I was as sure of million
dollars as am that she Will" was
the reply from some one near me.
"Oh. ] dunno" said the first voice.
Don't be too sure"
Yves. but I'm doubly sure-my lit
tie wife is a sticker; she'll stick even
II have to go to the big house"
At that juncture l heard gong
ring somewhere in the building
1ones seem to be an inseparable part
Of jails and other prisons-and the
man called Fred spoke to me.
''Hello, you new man there"
Eyes," ! answered.
Aaii II Like n Revolving Door.
BE careful and don't let the rotary
Itch your hand or anything-they'l
Start it in a couple of minutes" ne
warned me.
The rotary-for that jail was of the
old fashioned upright, cone-shaped
style. all the cells inside of a revolv-
ing apparatus something like the par
titioned door at the Kansas City post
office and In other buildings, soon
began to turn, and as each cell came
before an opening In the outer circle
Of bars, the inmates stepped out.
There were 20 cells in all, but only
part on that floor were occupied.
= After breakfast. which we had in a
ride room near the rotary, l learned
from Fred that visitors were permit
. ted to call there swice a week
Wednesdays and Sundays.
ION this floor they're a rather de-
cent set of guys" he assured me, and
with everybody in their cells, the
jailer just lets my wife come right on
up hers. She sits Just outside the
bars in front of my cell, and we can
visit there for a half hour or more"
hat xrici N