The Birmingham age-herald., 1923-10-15
NEW EFFORTS ID OBARE STORY .OF FOUTBREAk
Judge Fort To Organize De- tober Grand Jury At Nine O'Clock Monday Morning. Davis Expected Back
OUTGOING BODYS CHARGE TO RECEIVE ATTENTION
Presence Of Mutiny Leaders At Evans Trial November l Believed Means To 0b- tain Facts Of Treatment

Banner convict mines of the Pratt Consolidated Coal company is again expected to enter the Iimelight of state affairs Monday morning when the October Jefferson county grand jury will be organized by Judge Will liam E. Fort in criminal division of circuit court.
 Though Judge Fort fs expected not to make any special reference to the Banner mutiny of September 10 and the investigation of alleged cruelty to state convicts leased to the Pratt company there, the outgoing grand jury in it's final report on October & urged their successors to continue to clear up charges of ill-treatment or convicts.
 The new inquisitorial body is ex- pected to push the Investigation to completion, especially looking into reasons for conditions found by the previous body, which reported that those interested in the concealment of the truth have been SC full or nimble strategem that they have con- trolled affairs against the demand or legally constituted authority with apparently as much ease as a skipper WOuiQ S1lA G5a1hoL SAlS WAhNs
 Davis Expected Back.
 Solicitor Jim Davis, who has been confined to his home for the past week or more by slight illness, is expected to return to his duties Mon- day and vigorously resume the in- vestigation of conditions which brought on the Banner mltiny and subsequent efforts of Gov William W. Brandon and members of the state convict board to block & grand 1 Jury investi gation.
 Solicitor Davis, with the indict7 ment of Banner Warden J. D. Evans, by the last grand jury on October 3, declared he believed the path was paved to complete investigation of Banner conditions. Governor Bran don and President L. A. Boyd of the
 convict board were severely criti- cized by the grand jury for failure to cooperate in the inquiry, but the trial of Evans is expected to be weapon which will counteract efforts of these state executives to hamper
 the investigation, according to the solicitor.
 When Solicitor Davis attempted to bring convicts who participated In the mutiny before the grand jury to give testimony regarding conditions at Banner, Governor Brandon was instrumental in obtaining a prohibi- tory writ in favor of MT. Boyd which forced Judge H. P. HefIin to vacate an order requiring presence of four
 convicts who had been flogged by order of MT. Boyd before the grand jury. Justice Lucien D. Gardner, of the Alabama supreme court, issued the writ. An order requiring Boyd to bring eight other flogged convicts before the grand jury is still pend- ing, having been ignored by MT. Boyd.
 Whether Solicitor Davis will seek 1 to have Justice Gardner's prohibitory writ dissolved by the supreme court this week is problematical. Trial of | Warden Evans is scheduled to start November l before Judge H. r. lief l lin and IT conVictS who were flogged
 September 12 by Boyd's own admis- sion and the records of the convict | department, will be ordered into | court on that date. Order for their l appearance is expected to be issued
 this week by Judge Heflin. Under | the Alabama law, convlcts may be
 brought into court in criminal pro-
 ceedings through giving one weeks
 notice to the president of the convict | board.
 Brandon Ignores Request.
 Governor Brandon has ignored re-
 quests of the solicitor and the last | grand jury that he ask the state
 supreme court for an opinion as to
 whether grand juries can be barred
 from entering state prisons in the
 county of the jury's Jurisdiction.
 Sections Nos. 72S6, 6604 and 6560 Of
 the Alabama code of 1907 are given
 as authorities for such procedure by
 the grand jury.
 This request was made following a
 surprise visit paid to Banner mines | September 27 by the grand jury.
 when Warden Evans denied admit
 tance. This move was successful in
 obtaining the presence of two par ticipants in the September 10 mutiny 1 before the grand jury the next day.
 Solicitor Davis serving subnoenas
 upon them as they worked outside l the walls. The mems sentences eX-
 pired the next day, which made it | possible for them to appear.
 Grand jury investigation of charges
 made by Sam Renow. ex-convict.
 who filed suit for s1oO,Oo0 in circuit court last week, charging tn
 was inhumanely flogged at
 mine camp on April by W a.l | Clifford Gibson, is also eXpec 'c the present session. Renow aqpf4-'- ed before the last grand jur, sal testified concerning conditions