Hugo Black

“ Because this was so, petitioner's attorneys were able to make the inquiries during Court Week at the County seat, to which they testified, and that they apparently withdrew the plea of insanity after this inquiry is significant. That the examination and preparation of the case, in the time permitted by the trial judge, had been adequate for counsel to exhaust its every angle is illuminated by the absence of any indication, on the motion and hearing for new trial, that they could have done more had additional time been granted. ”

“ His appointed counsel, as the Supreme Court of Alabama recognized, have performed their 'full duty intelligently and well.' Not only did they present petitioner's defense in the trial court, but in conjunction with counsel later employed, they carried an appeal to the State Supreme Court, and then Const. of Ala. (1901) Art. VI, Sec. 144. Their appointment and the representation rendered under it were not mere formalities, but petitioner's counsel have-as was their solemn duty-contested every step of statute, entertain causes at substantially case. ”

“ The Sheriff was commanded to see that the prisoners 'together with their attachments, indictmenti, and all other muniments any ways concerning those prisoners * * * (be present and that) all they, who will prosecute against those prisoners, be then and there to prosecute against them, as shall be just.' Stubbs, supra, 4, 5. ”

“ These judges were empowered 'to try every prisoner in the gaol, committed for any offense whatsoever.' They proceeded upon prior indictments 'as well as upon indictments taken before themselves.' Stubbs's 'Crown Circuit' (Dublin) , 2, 5, 7, 9, 10. 'And therefore it hath never been a question, but that the justices of gaol-delivery may take an indictment, try, and give judgment the same day.' 2 Hale's 'Pleas of the Crown', 1st American Ed., 33. ”

“ In some detail they testified that: they had conferred with petitioner after their appointment on Monday, March 21, but he gave them no helpful information available as a defense or names of any witnesses; between their appointment and the trial they made inquiries of people who lived in the community in which the petitioner had lived prior to the crime with which he was charged and in which the killing occurred and none of those questioned, including a brother of petitioner, could offer information or assistance helpful to the defense ”

“ The case was not reached Wednesday, but was called Thursday, the 24th, at which time his attorneys filed a motion for continuance, on the ground that they had not had sufficient time and opportunity since their appointment to investigate and prepare his defense. ”