The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-10

tended to obstruct justice by it's ma
ture.
| Mr.. Baker then rapidly reviewed
| events leading up to the citation:
how Judge Helm had welded to a
motion by Yerby's attorneys and
| continued the case when the article
was brought to his attention.
Il have no disposition to question
your Honor's action on that occasion
and l rejoice in the belief that the
nature of the judicial office is such
that judges delight in second thought
even upon questions which they have
| determined; and if l can convince
your Honor as l have convinced my
self, although l admit that my pre-
| disposition to conviction on the sub
| Ject is rather presumptive and more
active than that of your Honor, that
under the rules of law which apply
| to the Interpretation of documents
of this sort. this publication COM
| planned of has not that tendency,
| then, obviously, this motion to dis
charge the attachment ought to be
sustained" was Mr.. Bakers opening.
Mr.. Baker then discussed the bill.
saying there was no allegation in it
which attempts to fix either knowl-
edge or responsibility for the publi-
cation upon any of these three men.
He continued by stating that the
birmingham Post, or the proprietary
company which authorized Its publi-
cation, was not a party to this cita-
tion.
Case of Robinson.
Your Honor, therefore" Mr.. Baker
went on. under this bill of COM
plant. assuming the other questions
are adversely determined, is called
upon to base any Judgment you rem
der upon an assumption that LeweY
Robinson who is allpCad he a n
agent. employe or reporter of the
Birmingham Post, is the agent, en-
ploye or reporter of the Post who in
some undisclosed and unaUeged way
is responsible for some part of the
publication here complained of.
Il trust your Honor follows me
that there is no averment in this bill
which anywhere charges Lewey Rob-
inson with the slightest degree of
responsibility for this publication.
He is alleged to be merely an agent,
an employe or reporter. He might
have been the janitor of the build
ing as an employe, he might have
been the collector of delinquent sub
scribers' bills as agent, or he might
have been reporter assigned to the
task of interviewing political per-
sonages, and been as far removed
from a transaction connected with
the VERIFY trial as 1 was, and 1 was
500 miles away at the time it took
place. So far as this bill of COM
plant is concerned. it makes no
close association or Identification of
Lewey Robinson with this case. He
is entitled to be tried on this quasi
criminal proceeding like any other
man, entitled to be charged ade-
quately before he can be called upon
to respond"
Same Argument for Others.
Mr. Baker said the same argument
applied to Mr. Leech and Mr.. Bethee.
He added that it could hardly be
expected thai courts would have jul
dicial knowledge of the internal ar
engagements of the publication office
of newspaper as to what distribu-
ton of authority there might be in
that office. He said he didn't know
what duties the managing editor and
editor OF the Post had, and that al
though he was identified with the
defense, he didn't yet know.
Because of the impossibilty of
Judge Heflin's being judicially able
to say that either Leech. Bethea or
thority to control or the slightest
duty of supervision with regard to
the article in question, Mr.. Baker
maintained that Judge Helm had no
jurisdiction.
Then Mr.. Baker took up the Saw.
volving the famous Sarah Althea
Hill, associated with the so-called
Sharon litigation that took place all
over the middle west He recount
ed how the Hill woman had married
man named Judge Terry, who was
a bravado, a bully. a man of violent
and unrestrained passions and
coward"
Explains Strange Case.
1.-THE first case that grew out OF
that strange alliance vas case IN
which Mrs. Hill was called to testify
before a United States commission
or" Mr.. Baker went on. when the
proceedings were not conducted to
her entire satisfaction, she whipped
out from some place of concealment
a pistol and threatened to demollsh
the commi ssioner. all the attendan.
and everybody about tie place. Inc
question was. rs /, was litigated III
the first proceedings, whether or no.
that was contempt of court.
Later, when it was adjudged that
for some technical reasons, the court
had better refer that to the commis-
sioner and let him proceed about ~
he. in a moment of mildness whlch
certainly was unjustified by the
provocation, decided to see II ne
couldn't quiet her by forgetting her
violence. A short time AFTER, MI.
Justice Fields of the United states
supreme court happened to De goins
through that part of the country. he
want 10 his dinner at the hotel and
Mrs. Hill, having grievance against
him because he had decided some as
pect of the litigation, tod judge
Terry, her attendant, to go toatne
fable and slap him in the face
Which ,po Judge Terry proceeded to do.
He was six feet seven inches tai.
Judge Fields was snort. elderly
man, and there sat by ms she a
marshal of the United states court
who thereupon shot and killed Terry
aud the case which is cited IN the re-
mort here is the case of ex parte Saw
yer, in which a habeas corpus MAD
been brought to release Marshal saw
Yer. who had killed Terry in defense
of Mr.. JuStice Fields, when Terry
slapped him at the instigation or
Sarah Althea Hill.
No Application Here.
Now. feel quite certain that my
brother, the solicitor. did not cite
specially that case. AS matter OF
fact, it was brought in incidentally IN
the case he was reading in extenso
70 the court. But it Is entirely OBJ
yious. l think, that any rule which Is
drawn from set of circumstances or
that kind with regard to the power
and duty of court to protect It's pro-
ceedings against violence and miscon-
duct, has no sort of application to
anything SO mild and plush like as
| publication which took place in the
| past. to which your honors attention
| has been called and to an analysis Of
which l shall ask your honor's atten-
| ton in just moment"
! Mr.. Baker also showed where the
other case cited by the solicitor did
not apply. 1t involved publication of
comment upon the thing the jury was
| to decide.