The Birmingham age-herald., 1923-10-04

Solicitor Jim Davis Wednesday ap- parentiy had the way opened to com plete investigation of the treatment of convicts in Banner prison camp where state-leased convicts mine coal for the Pratt Consolidated Coal com pany. through reported action of the J Jefferson county grand jury in ip- dieting Warden J. D. Evans, in charge at Banner, on charges of as sault and battery and assault with & weapon. The grand jury was dis missed without comment by Judgo 1T. P. Hef1in at 11:50 o'clock Wednesday morning, after bringing in a report on the Banner mine situation which criticized Governor Brandon and L. A. Boyd, president of the convict board. for impending investigation of Ban- ner conditions.
 Reported indictment of Evans. for whom no capias had been issued Wednesday, according to Forney W. Brandon, clerk of the criminal di- vision of circuit court. will give So- licitor Davis the right to ask the judge before whom EVans' case Is called for trial to summon convicts to testify, under the crinin ode. This Is regarded by the solici s a victory over the policy of the ,tFer- nor, who has bitterly contes t. grand jury's efforts to call ,or iats before them and to enter % camp.
 After "Hi9her Ups"
 Solicitor Davis has stated soeaf~ edly that he is after the high ups in this case and that he Is detela.ued to go forward with the investif aiion until every secret detail is lac bare y the grand jury's work.
 In their report to Judge Her Wednesday. the retiring grand i1ly strongly urged upon the body t3 pe organized October 15 the contin at!en of efforts to overcome obstsclea placed in the way of the inves sar tion by Governor Brandon. Solt4tor Davis intends to place 1t before tha new grand jury immediately upon convening, it is understood.
 Denouncing efforts of the govcraar to block the Investigation of reported cruelty to convicts and other viai0- tions of the law at Banner, the grand jury declared in it's formal report that 1t was prevented from visiting & prison camp in Jefferson county by armed forced of the state. referring to it's attempt to enter Banner mines last Thursday
 Efforts To Hide Truth.
 "Scenes that would have grsete0 our eyes must have been more awful than the public dreams. so great anQ so determined have been the msas- ures taken to hide the truth the rs- port reads.
 If a convict kills another he ceT be tried for murder. If a guard OF employe kills convict in viola -lon of law he can be put to trial for -h- crimo eff the grand jury can investi- gate) If the governor has the power to prevent investigation of the Ban ner mine mutiny. he has the power to prevent legal investigation of crime.
 I've do not feel that the law makers ever intended to give any person the power tG prevent invstl- gation of crime"
 It Is understood that Evans is the only convict official against whom action was taken by the grand jury. An attempt will be made by the so- licitor, it is stated, to have the case set for early trial.
 Whether Mir. Davis will contest the by Judge L. D. Gardner. commanding Judge Heflin to vacate an order to the president of the convict board. l.. A, Boyd, demanding the presence in court of four convicts whose tes- timony was sought by the grand jury. is problematical. He is said to think that his purpose will be served by bringing to trial of the Banner warden at an early date.
 If Governor Brandon continues his tactics. according 10 tho solicitor of attempting 10 hinder processes be lieved by him to be legal. and trie5 10 prevent testimony of convicts
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