Birmingham age-herald., 1894-10-27
IN THE COURTS.

Another mistrial has resulted in the case of R. W. A. Wilda, charged with embez- element.
 Gen. Fred 8. Ferguson was sworn in as special judge yesterday morning to try the case and everything ran along smoothly until the afternoon, when MT. Miles, one of the jurors, received a telegram an- nouncing the serious illness of his wife. This being reported to the court mistrial was declared and the jury was discharged. This is the second mistrial of this case, several days having been spent on it last spring.
 The defendant, R. W. A. Wilda. got up the Birmingham city directory for 1893 and They claim that MT. Wilda made collec- tioDs on certain papers turned over to him for which he made no returns.
 Yesterday morning Judge Greene dis. charged the other jury for the week and went home to attend his little son who Is seriously ill with diphtheria. He will come in today and pass sentence on those convicted during the week if his son's con- dition is not too serious.
 CIRCUIT COURT.
 In the case of R. W. Gayle vs. A. c. Lowery judgment was rendered for the de- fendant.
 Judgment for SS4. 10 and costs against the garnishees was entered in the case of Will liam Hill vs. Reese Thomas, defendant, and J. w. Worthington & Co. garnishees.
 Hawkins Lumber company vs. West End Land company and Mary Knauth; judgment rendered for $110. The suit of Nep Zilminski vs. Paul Gill ardoni was dismissed on motion of the plaintiff.
 Plaintiff got judgment for SPA. .49 in the Dunn.
 CITY COURT.
 Judgment by default was entered against J. A. Montgomery and in favor of the Brooklyn bank for $5446.66 in the first di- vision of the city court yesterday. The de- fendant failed to make answer to a certain count, and it was for this reason that tho Judgment by default was given. Several years ago MT. Montgomery and several other gentlemen leased a boat from Brooklyn parties, they to pay for the same 5000 month for six months, with the privilege of buying the boat for S15, ,000. Mir. Montg omery claimed tba there was fraud on the part of the plaintiff and one. of the defendants; that one of the defend, ants was instructed by the plaintiff to sell the boat. The S6446. .66 judgment was for payment of Q note, balance due on the pur ;: chase prics of the boat.
 E. M. Quinn vs.-J. F. Crawford; judg; ment for $10S. .50. s~
 Judge Sharpe discharged the jurors yes- terday afternoon for the week. 1 Second division-Judge Wilkerson, sit- ting in the second division, granted Annie Watkins divorce from John Watkins. Voluntary abandonment was alleged.
 The case of the Bessemer Ice and Storage company vs. the York Man anufacturing cont pany was on trial when court adjourned.
 RECORDERS COURT.
 The recorders court yesterday morning was short and sweet.
 P. H. Jenkins and N. Shapiro were up before his honor charged with violating section of the city code which says that the body of no person shall be buried without permit.
 Shapiro buried child a few days ago without @ permit, and this was tue cause of his arrest.
 Jenkins, who is the sexton at the Enon Ridge cemetery, allowed the child to be buried without the permit, and he too was arrested upon the same charge.
 They were both released without fine after being reprimanded and promising not to repeat the offense..s
 H. Teminskey and F. Teminskey were fined $2. 50 and one-half the costs for hav- ing an affray.
 Joe Jarvis, disorderly conduct, was fined $2. 50 and the costs. Drt.