Birmingham age-herald., 1894-10-09

berry. He made no examination and mo- ticed nothing that indicated poison. There were dark spots on the face, which indi- cated sudden death.
 Arsenic causes intense burning and pain in the stomach and throat and alternate stitching and relaxation of the muscles. Strychnine stiffens the muscles and makes the arms and legs stretch out. The turn- ing and pain in the stomach are distinctive of arsenic. He said strychnine took effect quicker than arsenic. Dr. Carson said he thought from h:s experience to leave one and quarter grams of arsenic in the stomach after death a considerable quantity would have to be taken, though tile quan- tity depended upon two or three things.
 DIR. ROPER.
 Dr. Roper was recalled and said that Bests' eonvuisions were a, stiffening of the muscles and that there was no relax ition. There also seemed an attempt to raise the body, which s nottan indication of arse- njc. He and others held Bstts though, and he couldn' tellexactiy whether there WAS an effort on the part of the suffering man to draw him elf up.
 At the conclusion of Dr.. lRoper's testi- mony court adjourned until g o'clock this morning. t6
 All the evidelce will likely be in before court aojourLs his afternoon.
 The case aga.nst Ed BrJwn was mol pressed.
 Alonzo Dixon pleaded guilty to assault
 
 CITY COURT.
 w. w. Wadsworlh vs. w. H. Johnson; judgment against defendant by default for S79 22.
 Thomas McMiiian, under firm name ot Cypress company and rtoctou Lumbe company ys. Martin c. R .ynolds; judg- ment against defendant for $195. .59.
 Edward k. Hawkins vs. L. c tuck; judg ment against defendant by default for $235. Valley Paper company, a body corpo- rate, vs. J. A. w. Smith; judgment by de- fault against defendant for $225 70.
 Walter w. Brown vs. Pioneer Mining and Manufacturing company, damages; on trial.
 TWO IMPORTANT QUESTIONS.
 The case of Walter Coopwood vs. the Ten nessee Coal, Iron aud Railroad company in which verdict for S40J0 was renderei Sit- urday after five days' trial in the city court, was u case involving several legal points of unusual interest.
 The plaintiff was convict working in one of defendants coal mines when he was injp' sd, and was still convict in the pr n hospital at Wetumpka when his suit was Led. The defeDdint demurred to plaintiffs complaint on the ground thas plaintiff was civiliter mortuis (civilly dead) and had DO right to sue while serving sen- tence under a conviction of felony. This was the old common law rule, and there has never been decision on it in this state. The demurrer was overruled by Judge Wilkerson.
 The case also involved the question as to whether convict working for lessee from the state, who is inj nred by the neg ligence of fellow servant, comes within the fellow servants rule of law, which prohibits recovery of damages where injury is caused by negligence of fellow servant, or whether in such case the employer would be liable to the convict as to a stranger.
 Another question in the case was whether railway h a coal mine on which the coal isdrawn out by means of stationary engine at the mouth of the mine is such railway as is embraced in the provisions of the fifth subdivision of the employers lia- bility act in the code of Alabama.
 The decision of the supreme court, if the case is appealed by the company, will set- tie these questions, which have not been decided by any supreme court in the union. The plaintiff in the case was represented by Messrs. B. M. Allen and H. K. White of this city, and the Tennessee company was represented by it's regular attorneys, Walker Percy, Esq.,, and MT. w. I. Grubb.