TO:            CIRCUIT JUDGE assigned to the Etowah County,
               Alabama, case denominated as:



SUBJECT:       Affidavit of efforts to file
               the Extraordinary Writ of Habeas Corpus

DATE:          March 26th, 1997

(I'm confused  about procedure  in filing  writs and  having them

On Monday, March 24th, 1997, I lodged a Request for Leave to file
A Writ  of Habeas  Corpus respecting  William Michael  Kemp  with
Circuit Judge  Roy Moore  of Etowah County, Alabama.  Judge Moore
explained to  me that the practice in Etowah County required that
the matter  be filed  and assigned  to  a  judge  in  the  manner
prescribed by  law and  then directed  me to file the papers with
the clerk  of the  court.   The following morning, Tuesday, March
25th, 1997,  I did  file the  Request for  Leave with  the clerk.
Over my  objection, I  was required  to pay  a filing fee.  Since
this is  a criminal  matter which  is expressly authorized by the
Criminal Code,  I am  understanding that  no fee should have been
charged.  Lodged with the clerk at that time, and submitted along
with the  Request for  Leave to  File, but  not filed,  were  the
actual Originals  to the  Application for  the Writ  which  I  am
requesting specific authority of the court to file.  The case was
assigned with  Circuit Judge Cardwell in regular rotation.  After
receiving the  Request for  Leave and the Original to the Writ of
Habeas Corpus,  the clerk  made a  phone call  to a  Judge whom I
later learned was Circuit Judge Cardwell.  From my one sided view
of the  conversation, together  with the  commentary of the clerk
afterward, Judge  Cardwell apparently was sharply displeased with
the filing  and directed  the clerk  to unfile  the papers and to
further inform  me that  I was  practicing law without a license.
Regrettably, I  then saw  the Clerk  unfile  the papers and along
with my  fee return  them all to me.  Now I was back in the exact
position where I started the previous afternoon.  I then returned
to Judge Moore's office  to inform him that I was unable to carry
out his  instructions and  explained the  circumstances set forth
above.   I then  requested that  Judge Moore  sign my  previously
prepared ORDER  granting leave to file the Writ of Habeas Corpus.
Judge Moore  did signed  the ORDER  and granted leave to file the
Writ.   With the  ORDER in  hand I  then returned  to the  Clerks
office to  file the  papers as  originally  instructed,  and  now
formally ORDERED,  by the  court.  The clerk filed the Writ.  The
clerk then  assigned the  file to  Judge Moore's  court.    Early
Tuesday afternoon,  on the  way to  the law  library I  say Judge
Moore and  I advised  him that the matter had been filed and that
the case  had been  assigned to  him.   While I was on my way  to
the law  library located down the hall from Judge Moore's office,
I happened  to meet  Judge Moore in the hall where he inquired as
to how  the case  was going.   I  informed him that the clerk had

       Affidavit of Richard Hamilton Hayward:  Page 1 of 4

filed the  matter opened  the case and has assigned the matter to
his office.     Judge Moore  then ask me to come into his office.
In that setting he requested copies of the papers and then ask me
to leave his office and shut the door.  At the conclusion of what
apparently were  telephone calls, I was instructed by Judge Moore
to proceed  to Clerks  office where  I waited  for over  an hour.
After inquiring  for Clerk  of Court Billy Yates several times, I
was told  that he would return after completing a jury selection.
Following added delay, I returned to Judge Moore's office.  After
Judge Moore made a phone call, he advised me that Clerk of Courts
Billy Yates  was in  Judge  Cardwell's  office  waiting  for  me.
Arriving at  Judge Cardwell's  office, I approached the office to
find Clerk  Billy Yates exiting  the Judge's office.  Billy Yates
introduced himself  and advised  me that  the Judge will hear the
application momentarily.  District Attorney Hedgspeth then passed
me and  entered  Judge  Cardwell's  office.    Billy  Yates  then
returned to  the office  leaving the  door  ajar.    Having  been
advised to  wait there  at the Judge's door, I could clearly hear
the discussion  inside.   Clearly, I heard Judge Cardwell explain
to District Attorney Hedgspeth that he now had the actual Request
for Leave  of Court  to file  the  Application  and  the    Order
Granting Leave  to File  signed by  Judge Moore  all of which was
filed with  the  Application  for  the  Writ  of  Habeas  Corpus.
District Attorney  Hedgspeth then said we have him on 15-21-7 and
I'll have  Hayward locked up for practicing law without a license
followed by  a chuckle.   Following  that  exchange  Billy  Yates
opened  the   door  and  exited  followed  by  District  Attorney
Hedgspeth who,  with surprise, saw me standing there by the door.
Billy Yates  then informed  me that  the matter  was going  to be
heard in five days  but was then interrupted by District Attorney
Hedgspeth who  informed me  that I'm  the lawyer;  you're not.  I
responded by  saying that  I was operating on the instructions of
Judge Moore  to which  District Attorney  Hedgspeth responded  by
saying That  ORDER is  not worth  spit.    I  then  responded  to
District Attorney  Hedgspeth's characterization  of Judge Moore's
ORDER by saying:  Well, that's your opinion, Sir.  Following this
exchange and absent any invitation or opportunity to speak to the
Judge, I  left the  office of  Judge Cardwell  and then  left the
building.   I am  still searching  for the  proper procedure  for
filing a  Writ of  habeas corpus  to which  Judge Moore  referred
during my  short discussion  with him on Monday afternoon when he
directed me to go file it.  Based on my experience outlined here,
it seems  as though  that the procedures frequently changes, from
time to  time, depending  on to  whom your  talking;    and  that
neither the clerks, the district attorney, nor the Circuit Judges
are quite  sure what  that procedure might be.  I certainly don't
know and apparently cannot find out what that procedure might be.
All I  am trying  to  do  is  to  file  an  Application  for  the
Extraordinary Writ  of Habeas  Corpus in the manner prescribed by
Alabama Statute 15-21-4, etc.  And it is on the express authority
of the  Alabama statutes,  together with  the common  law, that I
rely for  authority to  act as I have.  If that is a violation of
the law,  as District  Attorney Hedgspeth  says, then the Rule of
Law as defined by the Statutes of Alabama will have to be changed
to conform  to his  thinking.   In the  meantime, I am content to
rely on  the Rule  of Law,  as distinguished  from  the  Rule  of
District Attorney Hedgspeth.  And I prefer to rely on the Rule of

       Affidavit of Richard Hamilton Hayward:  Page 2 of 4

Law as  it is  printed in  the Alabama  Statutes rather  than the
puzzling  but  angry  opinion  of  District  Attorney  Hedgspeth.
Further, I  see the  threats of  District Attorney  Hedgspeth  as
stated to  Circuit Judge  Cardwell as  to having  me arrested for
practicing law  as being the District Attorney's attempt to chill
and/or intimidate  and/or obstruct  my compliance with the strict
exercise of  authority, and  proper exercise of it, pertaining to
the Alabama  statutes concerning  habeas corpus.    The  District
Attorney of Etowah County Alabama, Hedgspeth, knows, or certainly
should know,  what the law is which authorizes any person to file
Writs of  Habeas Corpus  in Alabama -- but in spite of the law --
District Attorney Hedgspeth apparently is insistent on attempting
to thwart the authorized efforts of this citizen while in the act
of proceeding  strictly and  expressly as  authorized by  Alabama
Statute.    I  regret  to  note  that,  while  District  Attorney
Hedgspeth has  direct ex  parte access  to Judge Cardwell in this
matter, I  have at  the same  time and  in  the  same  case  been
repeatedly denied  direct access  to  the  Judge  and  have  been
required  to  communicate  only  indirectly  through  the  judges
secretary and  receiving reply  relayed by  Clerk Billy Yates and
others.   Why I am unable to speak to the Judge directly about an
ex parte  matter which I have personally lodged with the clerk of
Courts in  Etowah County  is a continuing puzzle to me.  Further,
on Wednesday,  March 26th,  1997, I  learned from  an  authorized
visit with  William Michael Kemp, Applicant on the Writ, while at
the Hospital, that he had been served with notice of a hearing on
the Writ  to be  held before  Judge Cardwell on Friday, March 28,
1997 at  8:30 a.m.   To date, I have not been formally noticed of
the hearing  on the  Writ application  that  I  filed.    William
Michael Kemp  is confined to a hospital room and is under medical
care and  guarded  by  Deputies  of  the  Etowah  County  Sheriff
following an  apparently  near  death  experience  while  in  the
custody of  the Sheriff  of Etowah  County.    On  late  Saturday
evening last,  I accompanied  William Michael  Kemp to the Etowah
County Jail  where he  surrendered.   At that time he was in good
health and  needed no medical attention for his insulin-dependent
diabetic condition  that he has had, as I understand it, for most
of his life.  I am requesting, in light of these events described
above, verified  in accordance  with law  below, that  the court,
whatever court  that this  case is properly assigned to, pursuant
to  the   requests  made  in  the  pending  Application  for  the
Extraordinary Writ of Habeas Corpus, release William Michael Kemp
on his  recognizance,  or  other  reasonable  bail,  pending  the
statutory  show   cause  hearing   on  the  relief  requested  in
Application for  the Writ  of Habeas  Corpus  respecting  William
Michael Kemp.  Further, affiant sayeth not.

/s/ Rich Hayward

cc:  Judge Roy Moore
     Judge William W. Cardwell
     Clerk of Courts Billy Yates
     District Attorney Hedgspeth

       Affidavit of Richard Hamilton Hayward:  Page 3 of 4

File Jacket:   Ex Parte William Michael Kemp
Supreme Court - State of Alabama
CBS News


STATE OF ALABAMA              )
COUNTY OF ETOWAH              )

Before me  the  undersigned  authority  on  this  day  personally
appeared RICHARD HAMILTON HAYWARD who after being duly sworn, did
depose and  state:   "My name  is RICHARD HAMILTON HAYWARD.  I am
over twenty-one (21) years of age, have never been convicted of a
felony or  a crime  of moral  turpitude and  am competent to make
this affidavit.   I  am the  RELATOR in  the Application  for the
Extraordinary Writ of Habeas Corpus now pending before the Etowah
County Alabama  Circuit Court respecting William Michael Kemp and
all  of  the  above  and  foregoing  facts  and  statements  were
personally experienced  by me in the course of attempting to file
and give effect to the said writ and all statements, allegations,
denials and attachments contained therein are true and correct to
the best of my knowledge and belief."

/s/ Rich Hayward

Given under my hand and seal this _____ day of March, 1997.

Notary Public, In and For the State of Alabama

Name of Notary - Printed

205-663-9000 office of attorney  -  Bass

I was notice that the hearing has been set for Friday, 8:30 a.m.
on 28 March 1997, William W. Cardwell, in Room 209 Etowah County

       Affidavit of Richard Hamilton Hayward:  Page 4 of 4

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Alabama v. Kemp