The Birmingham age-herald., 1923-11-08
CHARGES BASTROP|
 JUDGE IS BIASED
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 this case for the reason that he is prejudiced, biased and being influ- enced by extraneous matters" the motion, which embraced each case not yet tried set forth.
 Your defendants represent that in passing upon the case of T. J. Bur nett and Harley Rogers, the court gave expression to sentiments which are inimicable to defendants and and their rights and which clearly shows that said court is not in frame of mind to do justice by them In that he has prejudged and impeached the testimony of defendants or a majority of them.
 ] That in the case of Skipwith and others wherein they were charged with having carried fire arms on the premises of Lon Braddock some of these defendants were impeached In a similar way and certain witnesses | who are to be witnesses In this case were impeached without any l legal Justification, therefore, the state having produced no evidence whatever tending in that direction" Calls For investigation.
 l When the motion was submitted, Judge Odom requested Attorney Gen. eral Coco and his staff to investigate the law to resucastion.
 | Senator Howard Warren, special assistant, spoke half an hour analyz- ing the motion, paragraph by para graph. and stating the law in rela- tion to each as understood by the at torney generals staff. He gave no opinion but indicated the court might overrule the notion
 Judge Odom reserved decision un- 1 til tomorrow. If he overrules the motion, defendant counsel has stated. an appeal to the supreme court will be taken.
 If he should grant it which was 1 indicated he would not, the supreme court would have to appoint another district judge to substitute for him. He can call upon the judge of an adjoining district to come to Bas- 1 trop and rule on the motion which the defense contend he must do for l 1t challenged the authority of Judge Odom to act. Should this course be followed and should the decision be favorable to Judge Odom. the defense still would appeal to the supreme 1 court.
 Expect Long Delay.
 Judge Odom in announcing he would rule on the motion tomorrow explained that no matter what his decision might be the trials would be interrupted. He postponed all cases indefinitely. discharged the witnesses, and dismissed the defend ants until further notice. District Attorney David I. Garrett said he did not believe it possible to resume the | trials within the next three weeks at the earliest. and some court at taches were expecting a delay of q month or six weeks.
 Judge Odom, before adjournine court said it was no pleasure fol Elm to have to pass judgment upor l persons who have been his friends and neighbors for years. but that ht was not one to shirk responsibility His actions, he said, were purely inn personal.
 It was in announcing decision 1T | the case of Burnett at the forenoon session that he uttered remarks tc which the defense took exception 1T the motion for recusation.N Burnett | testified that he had nothing to dC with the Neelis affair and numer- ous witnesses were put upon the 1 stand to prove that he was at worE at carbon plant at Spyker the day 1 in question. All of the alibi testi. mony concerned definitely the day 1 of Ark,st IT. 1922, however, while Neelis mad said the holdup occurred Ion or about August IT," The court