The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-10
Leech, Bethea And Robinson
Editorial Staff Of Birming-
ham Post Given 24-Hour Jail
Sentence For Publication OF
Facts Of Yerby Case Record
INTEREST so INTENSE
COURTROOM is CROWDED
Former Secretary Of War
Baker, Defendants Counsel,
Draws Issue Clearly One OF
Constitutional Privilege OF
Freedom Press And Speech

Sentenced to jail for "a hours after
having been offered the alternative
of going free if they were willing
to say they wouldn't do it any
more" three members of the Biz
mincham Post staff. found guilty of
contempt of his court by Circuit
Judge Harrington P. Helm. We'd
nesday afternoon began serving
their sentences at 3:3o o'clock, not
nounced sentence. There Is no right
of appeal from the decision.
The men are f. 7. Leech. editor;
Jack Bethea, managing editor. and
Lewey Robinson, court house re
porter, who wrote the news article
which caused Judge Helm to issue
the contempt citation May 3. The
article stated that W. NJ. VERIFY was
scheduled to go TO trial April 30 for
the killing of Airline King and iden-
titled VERIFY with the Bowling
flogging May II. 1922, and the al
tempted flogging of Ed Herman
Daniels. which occurred in January
and which led to the connection of
VERIFY with the bowling flogging
case.
Threatens to Clear Room.
After Newton p. Baker OF Clete
land, former Secretary of War and Il
member of the Cleveland, Ohio. law
firm of Baker. Hostettler & Sidlo,
had brought such frequent bursts OF
laughter from the court room audi
ence as apparently to nettle Judge
Heflin, he threatened at the morn
ing session of court to clear the
room of all save principals in the
case.
When attempts of Solicitor Jim
Davis to examine one of seven wit
nesses called when court reconvened
at 2:05 o'clock Wednesday afternoon
failed, through continued objections
raised by MIR. Baker-Which were
neither overruled nor sustained by
Judge Helm directly-Judge Helm
began a lengthy statement outlining
the case and expla his action III
finding the ryeH guilty of contempt
Of his court.
Judge Heflin Speaks.
court" Judge Heflin exclaimed.
III they had shown the proper spirit.
I would not punish them. Howe,
they have not shown this spirit.
They are liable to have worse
zee in the paper the noxt time tho
VERIFY case comes up for trial and
the first thing you know his attor-
venue.
This question is one Of the SUI
premacy of the courts or the news
papers, l hold that the courts are
empowered to see that every citizen
has free trial and that they have
authority to prevent newspaper
from precluding a fair trial to every
citizen.
IF these men are willing to say
that the court had notified them not
to publish such news articles con-
corning the VERIFY case, that they are
sorry and that they will no again
be guilty of such publication. then
am wiling to let them walk out
without any punt shment. Unless they
do this. then l must uphold my duty
as Judge, regretfully but firmly
warning every newspaper and ind
Vidual that they cannot obstruet JUS
lice in such manner; that they can
not 60 and prejudice the right Of
citizen to fair trial This publica-
tion could not have been of public
benefit
therefore. I hold each of them IN
contempt of this court, because the
had tendency to OBJ
struct Justice. and sentence them to
the county Jail for "a hours as pun
ishment."
Cabantss Requests Stay.
+. Fl Cabaniss of Cabaniss. John
in the defense Of the trio. thereupen
asked for stay Of sentence until
the supreme court of Alabama had
had opportunity to issue a recession
airy decree He stated that the an