Birmingham age-herald., 1895-09-25
DEPUTY RED IS GUILTY So Said the Sealed Verdict of the
 Jury A RESUME OF THE CASE Other Business in the Federal Court--A Con stitutiona Question Raised by
 Solicitor Ferguson.

C. C. Iteld was convicted in the United States court of presenting false claims. The case against him was tried last week, the jury retiring at o'clock Saturday to form their verdict. On account of the absence of Judge Bruce there was no court Monday nor until 3:30 yesterday afternoon, the judge arriving here on the delayed Southern train at 3 o'clock. I'm mediately on converting court the verdict which was sealed and handed to the clerk Monday morning, was opened and read. It declared the defendant guilty, and the court remanded him to the GUS tody of the marshal until sentence is passed on him.
 The defendant was a deputy United States marshal, and in 1893 he and number of United States commissioners and deputy marshals were charged with making fraudulent claims for witness fees against the government. subse- quent grand jury indicted five or six of them. At the fall term of the federal court of 1894 Robert Charlson. who had been a United States commissioner, with his office at Attalla, was convicted and sentenced to two years imprisonment. At the spring term of the same court, the present year, Maj w. H. Hunter, United States commissioner of this city, was con victed and given a similar sentence
 Elijah Dudley yesterday pleaded guilty to breaking into postofhce. and was sen tenced to one year and one day in the Kings county, New York, penitentiary. John Sanders, charged with retailing liquor, was on trial when court ad- journed.
 A Constitutional Point.
 The question of the consttutionalty or an act passed at the last session of the legislature was raised by Circuit Soiici- tor Ferguson yesterday.
 Major Brooks, negro sentenced Tn the Lowndes county circuit court to two years imprisonment in the pententiary for receiving stolen property, was be- fore Judge Sharpe of the city court on writ of habeas corpus. The writ was based on section 94 of an act to regulate the management of state and county con victs, which provides that when the term of sentence of any convict Is for two years or less the sentence shall be to hard labor for the county, and when for more than two years the sentence shall be to imprisonment in the penitentiary.
 The discharge of the prisoner was asked for on the ground that he had been unlawfully sentenced to two years in the penitentiary.
 The state, represented by Circuit So- licitor Charles w Ferguson, resisted the petition and raised the question of the constitutonality of the act. He claimed that section 94 of the act is unconstitu- tional and void because it violates that section of the constitution that says that no law shall contain but one subject, which must be clearly expressed in the title. He also resisted the petition on the ground that under section 3706 of the criminal code of Alabama that the penal ty for the offense was altered so far as a. sentence to hard labor for the county was concerned, and that the defendant failed to elect or take the new penalty before submitted to the jury.
 Judge Sharpe, after hearing arguments of Attorney Houghton for the petitioner and Solicitor Ferguson for the state, took the matter under advisement and will look up authorities on the question be- fore deciding upon it.
 This is the third habeas corpus sued out in this state under the act above mentioned, and in each of the other two cases the prisoner was discharged, but this Is the first time the constitutionality of the act has been questioned.
 City Court.
 J. w. Taylor vs. mayor and aldermen of Birmingham: on trial.
 Circuit Court.
 Two or three unimportant suits were disposed of in the circuit court yesterday and two petit juries organized.
 Real Estate Transfers.
 Columbus Phillips and w. B. AleXan- der to Louis Ringer, parcel of land in
 
 of section 20, township IT, range ?, west; $400.
 Isaac w. Fields to J. A. Bivings, part of the northeast quarter of the northeast quarter, and two acres in the northwest quarter of the northeast quarter and the southwest quarter of the northeast quar- ter of section 23, township 16, range f, west; $625.
 George Desotel to Mary A. Desotel, one acre in section IT. range 2, west, and two acres in sections 33 and 34. township IS, range g. west; love and affection.
 F. M. Tutwiler and wife to Alexander Brown. lots and 10 block 9, Birming- ham; $40.
 John c. Carmichael and R. H. Thach to Landon Johnson, south half of lot 4, block 1, Corry & Hall, survey of Amos Going estate in section 20, township +, range 8, west; s107.50.
 Marriage License.
 A. J. Moore and Miss Matte Canady. A. T. West and Miss Fannie Marable.