Birmingham age-herald., 1894-11-22
IN THE COURTS.

olined to pass on the contempt proceedings in the bill of John Greenough ct al. vs. the Alabama Great Southern Railroad company. He said that to pass on the question at that time would be to pass on the merits of the case, which would not be just to all parties concerned. Accordingly arguments were then begun oD the motion to dissolve the injunction, and continued until court ad- journed. Most of the afternoon was taken up by MT. Crawford of New York, who represented the compliments. This mornFS the arguments in behalf of the responds ents.
 The trial will probably be concluded by noon.
 la the first division the damage suit of William B. StatoD1, administrator, etc., vs. the Sloss Iron and Steel company ie still on trial.
 CRIMINAL COURT.
 A mistrial was entered in the case of Mike Atkins in the criminal court yester- day, six jurors favoring conviction and six acquittal.
 About clock on the evening of De- cember "A, 1892, Fred Askew was shot aud killed near Stephens mines, four and a half miles from Birmingham. Atkins was charged with killing him, and was indicted by the grand jury for murder.
 Askew stated on his dying bed tn at Att kins shot him, and one witness sw wore that he saw the killing. Two other witnesses swore that the same witness had stated to them that he did not see it. It was proven that Atkins and AskeW had had some trouble prior to this time and that Askew had been put under peace bond. One witness stated that he saw Atkins going in was killed and shortly afterwards heard the gunshot. The defense had witnesses who swore that they saw Atkins in Birming- ham at o'clock that night, one hour later than the shooting is said to have taken place.
 Atkins was put on trial Tuesday, and at Il o'clock yesterday morning the case went to the jury. At o'clock the jury came in and reported their inability to agree on verdict, and Judge, Greene discharged them until g o'clock this morning.
 The state was represented by Solicitor Little and the defense by Messrs. J. l.. Meade and Sumter Lea.
 UNITED STATES CoMMIssIoNERs' COURT.
 Commissioners Burney disposed of three cases which came up in his court for trial yesterday in the following order:
 A. G. Shook was broughtin from Chero. kes county by Deputy Marshal M. M. Cantrell on 8 charge of perjury. Shook WAS witness in Commissioner Alexauder's 8 court at Attalla against I. N. Smith, who was tried on charge of retailing liquor. Commissioners Burnsy required Shook 10 give bail in the sum of $500, failing to do which he was remandsd to jail.
 Deputy Marshal 5. R. Caffee brought James M. Smith before Commissioners Bur ney to be tried on charge of passing counterfeit dollar on a negro lemonade and fruit vender the day Barnum & Bailey's circus was here. The defendant was dis oharged.~
 Tom Winchester was arrested in Tuska. King, charged with passing counterfeit BIO gold piece on person at Northport November 3. He was tried and his bond fixed at s2o0, which he gave.
 RECORDERS CoURT.
 In police court yesterday morning George Burns was discharged upon being found not guilty of disorderly conduct. Burns evidently was not disorderly, but his nat ural walk is very much like that of a drunk man.
 His story as told was an interesting one. He claims to be marine engineer, and says that he is one of the survivors of the Greedy expedition. He was on the Savan- nah when she was wrecked off the coast of Massachusetts. His right leg has no knee joint. His left arm is void of any elbow joint, and his collar bone is made of cellu- Ibid.
 He looks like veteran sailor, and, while his leg i5 injured, he manages to walk with comparative ease.
 on complaint of Cora Ayers Oscar Laney was arrested and taken before the recorder on charge of disorderly conduct. The evidence was heard and the defendant discharged. The prosecutrlx was In turn fined S10 for contempt of court.
 Dick Griffin, a negro boy, stole piece of sausage from T. F. Thornton. He was arrested and yesterday morning ordered whipped out by his parents.
 Jerry kincannon, newsboy, was arr rested for jumping on moving dummy. He was fined $2 50 and the costs of the court.
 John Streeter was charged with assault and battery on Minnie Blevins. Evidence showed him to be innocent, aud the prose- cutrix was fined BIO for contempt of court in bringing malicious prosecution.
 k. 8. Wade got $25 and thirty days extra on the streets for assault and battery on Cora Ayres.
 Henry Green, wife beater, was found guilty blythe court and fined $25 and given thirty days extra on the streets.
 Pure blood is necessary to enjoy good health. Hoods Sarsaparilla purifies the blood.
 .r1r rc A