Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-12-08
BIRMINGHAM, ALA.
wesley FnAcy's CRsc-Thc Circuit Court
The Mayor. Report.

wesley EaAcy's Casc-'Thc Circuit Court
Ihc Mayor" Report.
special to the Appeal
BIEMlNGHNM, ALA, December IVES
ley foscy, the negro, charged with an at
tempted outrage upon the little daughter
"i John II. Broylcs, was convicted to-day
IN the Circuit Court and punishment fixed
ut hanging. The trial occupied to-day
NJ the opening motion for change of
'enuc was oyerruled. The jury was made
up out Of forty-fve names out of a rcniye
OF 100. The strongest evidence was
Posey's confession to the officers who had
him in charge while hidden from the mob.
The testimony OF the mother and physi-
clSns established that disease had been
communicated to the child. Mrs. Broyles
Nstiiicd that when she discovered
child's injuries Posey was at her
hG ..,,2, and she told him il he did this her
husband would shoot him, whereupon the
negro fled. The defense was ably CON
Quoted by three leading lawyers appointed
Ivy the Court. The child, whose age was
established as less than five years, was in
court. No appeal was taken. Sentence
will be pronounced tomorrow. The pris-
oncr will be removed by the military
probably TO Montgomery. The guards at
the courthouse were heavily reinforced
during the trial, and none allowed to pass
except on court business. No demonstra-
ton toward mob violence. Several civil
ilus guard the house. There was relrac-
tory conduct toward the guards.
The Circuit Court has done very little
since it took Posey's casein hand Tuesday
Nitcr his arraigument the docket was
takcn up again, though it was impossible
60 proceed with anything like expedition.
Judge Spr1tt continued one murder case
until the next tenn, on account OF the ex-
cited public feeling. Other similar cases
Were continued for several days. j. +.
nayic, who killed Howard Reese, at Pratt
Mines, about three months ago and whose
case is one OF the ugliest on the docket,
failed TO appear for trial, and forfeiture
Was entered against his sureties. 1t is
supposed that he has put himself out of
reach of the law. A good many, cspe-
cially at Pratt Mines ceusurc Judge Nor
row, OF the County Court, for admitting
Davic TO bail, though the latter whose
appearance and bearing are rather prepos-
sCs>iug than otherwise, has his sympa-
thizcrs, many of whom think nothing
worse than mauslaughter can be made out
of his case.
\ ttHSuS bl houses, competed n. rev
days ago, shows that there are within the
corporate limits of Birmingham l462 resi-.
dcnces and 213 business houses. There
are about 500 houses Just outside the lin.
its. Estimating the average population OF
the dwcllinghouses ut eight, and the up
per stories OF stores ut four land no one
who has seen how people are packed away
here would pronounce these averages toe
high shows that the inhabitants of tn,
city proper number l2,62S. II five per
sons be allowed to each of the 500 house,
just over the line the population reaches
l3,l2S. Speaking OF birmingham as il
generally meant in the use OF the term
city and town, IL is not more than fair {,
say that its population is 1900.
The mayors annual report shows tina
the city's assets at present exceed it
liabilities Sl2,O26 OF. The excess OF lia
hilities to he met by April lst next owe
the estimated assets CollCctable 10y tina
time reduces the surplus TO 5000 10. /
Is to Id borne in mind, too, that there ha
been liberal expenditure on public i'm
provements aud that the city tax is onl,
tlty-tive cents. The available assets viii
doubtless be considerably larger mex
year, rs an application will be made TO tn,
Legislature TO remove the restriction
limiting the tax rate 30 its present low
figure and TO authorize the issuance q
bonds.