Birmingham age-herald., 1895-02-14
DIAMOND DYES
IN THE COURTS.

The following cases were disposed of h the city court yesterday:
 First division-John Skahill vs. Louis- vile and Nashville Railroad company; Judgment for S28.
 James A. Baker, administrator, vs. Drennen 6 Co.,, damages; dismissed for want of prosecution.
 George Barford vs. James Williams and Abram Williams, ejectment; verdi ct for defendants.
 Esther L. Massler vs. Benjamin F. Ezekiel. assumpsit; dismissed.
 Second division-R. T. Pickens vs. J. F. Huey, defendant, Tennessee Coal, Iron and Railroad company, garnishees; gar nfshees discharged.
 Fred Carle vs. Fannie Webb, defendant, and General Nelson, claimantj judgment for claimant for property claimed.
 REPORT FILED.
 The Birmingham Trust and Savings com pany, though it's attorneys, Hewitt, Walker & Porter and E. J. Smyer, has filed it's report of the sale of the AGE HER. ALD properties last Monday.
 The report says
 ''Before any of said property was offered for sale it was stated publicly by tue under- signed that the sale was for cash and that any person purchasing any of the property would be required to deposit with the un- dersgned at the time and place of sale one- fourth of the purchase price in cashto guar antee the payment of the purchase price, and the balance of the purchase price was to be paid to the undersigned on the day of sale.
 The report further says that certain properties were bid in by John w. Johu- ston and certain other properties by john J. Altman, aud that said purchasers paid the purchase price therefor.
 The report further states that Frank P. O'Brien bid in the press franchises, press, type. good will, etc., at S2O, ,0l0, the high est bid offered, and that the properties were knocked off to him; also that said Frank P. O'Brien did not pay the 25 per cent of the purchase price required, nor had he up to the time of filing the report paid any part thereof.
 The report further says that John W. Johnston bid S2O, 900, the next highest bid. The report closes as follows:
 ''The undersigned further reports that the resale of said property purchased by and the probabilities are that said prop erty would not bring more than S20. .000. ssThe undersigned further reports that said sale was in all things and in every way fairly conducted.
 "These premises considered, the under. signed prays that your hpuor will confirm the sale of that part of said property sold 10 said John w. Johnsgon and John J. Altman, respectively, or order deeds made conveying to them the parts of said prop erty purchased respectively by each.
 SThe undersigned further prays that the sale of that part of said property which was purchased by FrankP. O'Brien be not considered unless said Frank O Brien pays to the undersigned, by the time your honor acts upon this report, the said sum of s20,010.
 "The undersigned furth CT prays that. If said Frank P. O'Brien doeS not, before your honor acts upon this report, pay to the undersigned the said sum of $20, ,010, and said John w. Johnston Is willing then to pay the amount of his bid of S20, 900 for said property purchased by said Frank P. O'Brien, that your honor will direct the undersigned to receive such amount from said John W. Johnston and order and di- rect a deed to be made conveying such property to the said John w. Johnston. ''lrhe undersigned further prays, in the event said Frank F. O'Brien does not pay said S20, 010, or in event your honor does not direct the undersigned to accept said bid of said John W. Johnston, or in the event John W. Johnston Is not then will ing to take said property at his said bid, that your honors will order a resale of said property purchased by Frank P. O'Brien. ''The undersigned pray for all such other and further orders and decrees to which it may be entitled in the prem- ises.
 "HEwiTr. WALKER & PORTER,
 E. J, SMYER,
 'Solicitors forBirmingham Trust and Say. fngs Company.'
 
 yesterday, but will probably do so today Captain O Brien will be given chance to state his side of the case this morning, and, as will be seen from the portion of the report published above, the trustees rec- ommend that unless he pays the purchase price before the court takes any action the sale to John w. Johnston at $20, 1000 be confirmed.
 Captain O'Brien wired from Montgomery yesterday that he had the money to pay for the paper.
 The matter, however, lies with the court and depends upon the question of strict compliance with the decree of the court.
 CRIMINAL COURT.
 Trials in the criminal court yesterday were as follows:
 Brooks Adams. burglary and grand lar- ceny; guilty.
 Nathan Edwards, burglary and grand larceny; mistrial.
 Tom simpson, grand larceny; not guilty.
 CONFECTIONERY COURT.
 Yesterday United States Commissioner CT Wilson discharged Frank Millwood of Cullman county, who was before him on a charge of retailing liquor without license.
 RECORDERS COURT.
 Charlie Woods charged with the em- beZzlement of watch valued at $40 from B. H. Montei, was bound over to the grand jury in the sum of $500.
 Joe Kennedy, a dlsorderly conduct, was fined S5 and costs.
 Robert Harris, charged with disorderly conduct aggravated, was fined $15 and costs.
 Phil Simon was fined S2. 50 and costs for assault and battery.
 Children Cry for