Birmingham age-herald., 1895-06-02
DOINGS IF THE TRIBUNALS
Mandamus Against Clerk Burgin
 Issued by Judge Greene.
KELSO GOES TO THE MINES
As Also Does Sam Eyans-0ther Convicts Sen .tsnced-ln the Other Courts-Real
 - Estate Transfers,


 The Age-Herald sometime ago in this column stated that E. A. Penn, dealer in witness certificates, had applied to Judge Greene of the criminal court for a mandamus compelling w NJ Burgin, clerk of the criminal court, to issue wit ness certificates at s150 per diem and cents mile travelled. The case came up for hearing yesterday and Judge Greene granted the mandamus and made it per emptory.
 The. defense claimed that witnesses in felony cases were entitled to only 50 cents day and 3 cents mile, this conI tention being based on an act passed by the last general assembly which pro vides for the issuance of certificates in the above mentioned sums in cases of conviction for felony, and where the prisoner is sentenced to q term in the penitentiary." The defense argued that this act repealed the old act fixing the compensation of witnesses, the plaintiff contending that it did not.
 Judge Greene held that the old act was not repealed by the new and that 1t was still in force. The clerk was accordingly instructed to issue witness certificates at the old rate.
 Kelso Goes to the Mines.
 w J. Kelso has gone to Coalburg to 
 hard labor Yesterday he went into the criminal court room and asked that the suspension of his sentence be revoked. He announced that he was ready to be- gin on his sentence He was sent to Coalburg in the afternoon.
 Kelso. it will be remembered, was the alleged leader of the Pratt mines mas acre last July, in which Deputy Sheriff B. w. Fierce was shot and instantly killed. Kelso and large number of others were arrested and indicted for murder. At the trial about two months ago -Kelso was convicted of manslaugh ter in the second degree and given a sentence at hard labor for one year. His attorneys announced that an appeal to the supreme court would be taken, but it seems KelSo decided to go on and serve out his time.
 Sam Evans, Too.
 Sam Evans, colored, another one of the Pratt mines rioters, went into court yes terday and entered plea of guilty to manslaughter in the second degree. He was given a years sentence, which he will serve at Coalburg.
 Others Sentenced.
 Judge Greene yesterday passed sen tence on other prisoners as follows Frank Byars murder in the second de- gree; ten years in the penitentiary. Mike Adkins, murder in the second de- gree; ten years in the penitentiary.
 Hiram Smith, manslaughter in the second@ degree; nine months at hard la- bor.
 Misdemeanors This Week.
 This weeks calendar is made up of msdemeanor cases, of which there are a large number to be disposed of
 Motion to Dissolve.
 In the second division of the city court yesterday the bill of J. ". Mcqueen ct al. vs the Edwards Iron company H. F. DeBardeleben and the Berney National bank was argued and submitted on motion to dissolve the injunction and a motion to dismiss the bill.
 The first division had no session. City court will adjourn for the summer on June 20. No doclsets are set for trial during the third and fourth weeks of this month, but court will be open for the transaction of such business as may be taken up by consent or agreement
 Circuit Court.
 The following judgments were rem dered in the circuit court yesterday: -Gustavus IIarkless vs Birmingham Railway Supply company; $99.
 T. c. Mcdonald ct al. vs. M. Marx; dis missed.
 \ Myer, Reinhard & Go. vs. Bumstein and Friedman; $1050.
 James G. Johnston X Co. vs. B. Som- mers & Co.,. dismissed
 B. M. Allen vs. l.. T. Bradfield and R. l.. Houston; judgment against Bradfield for $2S2.
 B. M. Allen vs. Bradfeld Houston, Lowe and Burwell; judgment against all defendants except Houston for $l65. Ottenberg X Bros. Vs. k. A. Jones & Co.,; S156S.
 B. F. Roden X Co. vs S. J. Guscott; sl0O.
 Rochester Tumbler company vs. Gres- ham x Co. ct al. and J. D. Gresham: Judgment for defendants.
 Rochester Tumbler company vs. Gres-