55 So. 541 | Ala. | 1911
This is a proceeding for the impeachment of said P. W. Jinwright, on account of the fact that one Aberdeen Johnson, who was in the jail of Bullock county, at Union Springs, in the custody of said sheriff, under a serious charge, was taken from his custody and put to death by a mob. The charges are: First, neglect; second, grave fault; third, willful.neglect of duty; fourth, incompetency; and, fifth, connivance.
It is not denied that the mob' placed the sheriff in handcuffs, battered down the steel door leading into the jail and also the door of the cell, and took the prisoner out and put him to death. It is shown that it took the mob about 30 minutes, without opposition, to get into the jail.
The defense offered by the sheriff is that, when the mob came to the courthouse and jail, in the morning, he had a conference with them, and they agreed to withdraw, and that they would offer no violence provided the prisoner would be delivered to the sheriff of Crenshaw county when he arrived on the train due at about 6:30 p. m. of that day. The evidence does show that such an agreement was made, that the mob' withdrew, leaving their guns in the sheriff’s office, and went to a restaurant, about a half mile distant, to get their dinner; that, while there, they were informed by
After having secured a respite, by diplomacy, the sheriff was certainly under the duty to prepare for any emergency. There was no proof that the sheriff of Crenshaw county was really coming that evening. The sheriff knew that troops had been ordered, and that they would reach the place by 4:30 p. m. The Governor had given him positive orders to place a guard at the jail and protect the prisoner at all hazards, and his own statement shows that he apprehended that the mob spirit would show itself again, yet he did not make any effort to place a guard at the jail. It is true that he notified several citizens, in the morning, that they were deputized to assist him, some refusing and four agreeing to help him, including his chief deputy, yet he did not organize them, did not give them any order what to do, let them go off to their dinners at the same time, without any instruction or agreement as to when they were to return, left the jail without a single man in it, save the prisoners, left the arms of the mob in his office with the door open, and suffered himself to be completely surprised and overcome by the mob.
Much testimony was introduced by the defendant for the purpose of showing that the jail was indefensible, by reason of the fact that there were windows through
It matters not that the prisoner may have been guilty of the most revolting crime known to our laws. The next wave of popular frenzy might deprive of his life one who, upon proper investigation, would be found to be innocent. It is vain for us to write in our Constitution that cherished heritage of English-speaking peo
Upon a careful consideration of the evidence, and having in view the stringent provisions of our Constitution, we cannot escape the conclusion that the sheriff was negligent in this case. — State ex rel. Garber, Attorney General v. Cazalas, 162 Ala. 210, 50 South. 296. A judgment will be here rendered removing him from the office of sheriff of Bullock county. All the Justices concur.