Birmingham age-herald., 1894-10-18
IN THE COURTS.


 It isn't often jury goes in opposition to the charge of the court, but that seemed to be the disposition of a jury in the circuit court yesterday. The case on trial was an appeal of the Louisville and Nashville Rail- road company vs. R. w. Gale from jus tice court. This suit grew out of bill for transportation, which defendant refused to pay. He sent some horses to Columbus, Ga., and claims to have paid the freight charges both ways to the Columbus and Western road. On the return the horses were shipped to Monte omery by the Gen. tral of Georgia, of which the Columt u 3 and Western IS Il part, and there transferred to the Louisville and Nashville. The latter road brought the stock on to Birmingham and presented bill for $50 to MT. Gale, which he refused to pay, for the reason above stated.
 IL is said there was no conflict in the tes- timony except on one immaterial point and Judge Banks gave the general charge for the plaintiff, that is, he charged the jury that il they believed the evidence they must find for the plaintiff. The jury had been out about an hour and half Whea cour. adjourned and had not then come to an agreement.
 Jury No. 2 was completed yesterday by the following being sworn in: w. J. Arm strong, A. T. Wood R. F. Lacey, H. J. Crenshaw, w. A. Smith, w. J. Yielding and A. w. Beck.
 The jury in the suit of Gaines & Parker vs. r. H. Hamilton, for breach of bond, gave the plaintiffs judgment for $225.
 c. 0. Bates vs. Robert Gary & Co.; judg- ment for plaintiff for watch sued for and it's value assessed at $15, and also for 50 for the use of the watch.
 Robert Gary & Co. vs. c. c. Bates; Judg- ment for defendant.
 George L. Peterson & Co. vs. Steiper Bros., assumpsit; on trial.
 CITY COURT.
 Judge Sharpe yesterday rendered his de- cision in the case of A. K. Shepard vs. the Louisville and Nashville Railroad con- pany. Mir. Shepard had the agency for he sale of certain lands belonging to the Louisville and Nashville company and sit uated all along it's line in Alabama. It. was claimed that the plaintiff made sale Of the land to company oi which he was shareholder and that also to close the deal the Louisville and Nashville company was paid s50OO cash. Mir. Shepard put in claim for commissions on the sale, which amounted to a little over $l00, ,0O0, and also for the $5000 paid the railroad comp ny There were other points involved in the case, which tended to make 1t rather knofty question. The decision of the court was adverse to the plaintiff Judge Sharpe heard the evidence and arguments In the case while presiding in the second division of the city court two weeks ago.
 J. D. Crocker obtained judgment against Robert Terrell ct al. yesterday morning for $23 80.
 John c. Calhoun, receiver, etc., vs. W. P. Kearney & Co.,; dismissed for want of prosecution.
 Jennie Outlaw vs. George NJ. Morrow, sheriff; plaintiff look nonsuit.
 Frank Defo vs. c. w. Austin ct al., damages; on trial. Austin was consta- ble, and to satisfy judgment against Defo levied on some of his goods. Plaintiff thereby claims S80o damages.
 CRIMINAL COURT.
 Dem1rrers to affidavits were sustained by Judge Greene of the criminal court yes- terday in the cases of Moab Spear and Susie Spear, charged with trespass.
 The case against Dan Bandman, charged with violating the revenue laws, was passed until Saturday and an agreement to pay the costs aud have mol. pros. entered. Foffritures were entered and alias war rants ordered issued in the following cases: P. G. Bowman, gaming; Henry Siegle, gaming; Robert Charlson, gaming; Minnie Bell, using abusive language; Lottie Dell, using abusive language; J G. Aderton, violating revenue laws; Charles w. Har- rison, violating revenue laws; Willis Me- Adory, cruelty to animals.
 Jennie Douthit, using abusive language; mol. pressed.
 Julia Walker was convicted of using abusive language and fined $1.
 Will Cannon was fined $1 for violating the revenue laws.
 UNITED STATES COMMISSIONERS.
 Jim Hollis was brought h from Walker county yesterday by Deputy United states Marshal Love on capias charging him with selling liquor without license. He was taken before United States Commis- sioner Burney and admitted to bond.
 Jesse Holt charged with the same offense, was brought in from Shelby county by Dep uty United States Marshal Hudgins and in default of bail was committed to the county fail. His trial will come up in Commis- sioner Burney's court today.
 JUDGE PoRTER's COURT.
 w. J. Kelso and James Wager have sued out writs of habeas corpus before Judge of Probate M. T. Porter aud they will be given hearing Friday. Kelso and Wager were indicted by the recent grand jury for murder in the first degree and they have been in jail some three or four weeks. They are charged with participating in the Pratt mines riot of July IS.
 RECORDERS COURT.
 In the parlance of the day, Acting Re- corder John Ward gave 1t to 8 gang of ne- gro burglars s'in the neck' yesterday morning in his court.
 For some time several business houses in the city have been burglarized and goods taken away. About two weeks ago some persons slipped in the hardware store of Francis & Chenoweth, concealed them selves and after the clerks were all gone carried away a lot of hardware. The night following the Perry Mason Shoe company suffered a loss from burglars.
 About the same time parties got into the store of the Birmingham Mercantile com panv and carried away $260 worth of goods. Several officers were put to work upon the cases and finally arrested Bennice Sims, Lee Logan and Anderson House worth. Three charges of burglary and grand larceny were placed against their names on the police docket.
 The evidence in the court yesterday morn- ing showed that the officers had dead open