Birmingham age-herald., 1895-07-27
MONTGOMERY ADDENDA.
JOE BURTON GETS A NEW TRIAL
His Case Reversed on Account of Defects in the Charge and 0therwise-lo-
 cal Paragraphs.

Montgomery, July 26.--(SpeciaL)- supreme court on yesterday decided the case of Joe Miller vs the state, appeal from Lowndes county circuit court by reversing and remanding it. Judge Head reading the decision, which would have given Miller a new trial, he having been convicted of the murder of Curtis and sentenced to twenty years in the peniten- tiary. Today the supreme court annulled the above decision, affirming the sen- tence of the lower court, Judge Head dis senting.
 Messrs. Tompkins and Troy, attorneys for Miller, have applied for rehearing before the supreme court, consequently the case will hang fire until the fall term of the court, and pending which the sen tence will no doubt be suspended. It IS believed among the legal fraternity that under the circumstances the rehear1ng will be granted.
 In the supreme court today an opinion was handed down that has been awaited with more anxiety by more people Tn the state of Alabama than probably any oth- CT opinion ever handed down by that learned body. The case referred to IS that of the state vs. Joe Burton appear from Calhoun circuit court.
 Burton, it will be remembered, is the young 17-year-old boy who was recently tried for the murder Of his playmate Jethro Evans, near his home in Ed
 wardsville, Cleburne county, and sen tenced to fifteen years in the penlten- tiary The accused is a son of Judge Joseph Burton, who has for fifty years been one of the foremost lawyers, not only of his county, but of his state.
 Jethro Evans, the murdered boy, was the son of the sheriff of the county. A change of venture from Cleburne 10 Cal houn was secured, and almost the entlre population of Cleburne attended the trial. The evidence against young Evans was circumstantial, coupled with par tial confession The briefs placed before the court by the attorneys fourteen were employed in the defense) ran up Into thousands of pages, and the opinion or the judge has been awaited with breath less interest
 Judge Coleman rendered the opinion today reversing and remanding the case on the grounds that the charge or the judge of the lower court was defective in some parts and on several other points Grand Dictator Adams of the Knights of Honor arrived in the city today and was given grand reception by the mem bers of the two local lodges. A joint meeting of the two lodges was held to- night and an address delivered by Grand Dictator Adams Refreshments were served afterwards, and a pleasant time was had by the members who at tended.
 Before Commissioner Stratton this morning Thomas Trow of Crenshaw county was arraigned for illicit distil- ling and placed under a $2OO bond to await the action of the federal grand jury.
 Before Commissioner Watts George Lases of Coosa county was arraigned for retailing liquor without license and his bond fixed at $200. He was remanded to jail in default of the bond.
 Governor Oates returned from Virginia
 Beach at 920 o'clock tonight. He is looking extremely well and will be in the executive office tomorrow. The appoint ment of a probate judge for Winston county will probably be made tomorrow The sixteenth annual picnic of the old Independent Rifles was held yesterday at Jackson's Lake, and the occasion was one of much pleasure.
 The survivors of the old company
 which went from here 137 strong to en- ter the first battle of Manassas, now num- Der only seven viz.: J. H. Higgins, IS. D. Chapman, T. J. Scott, G. c. Clisby, w. J.
 Johnson l.. B. Hallonquist and c. II. Whittier of Lowndesboro.
 Twenty members of the command were alive and returned to their homes after the surrender May this seven attend many more picnicS.