Birmingham age-herald., 1895-05-14
WITH TIE TRIBUNALS keISo'S Attorneys 1ile a Motion
 For a New Trial. JIM LEWIS IS DISCHARGED.
Weliborn's Pair of lacks Baing Sued For by Their Former 0wner-hoene Coal Com-4 pany Property Sold Under De-
 cree-0ther Court Notes.

Some time ago w. J. Kelso's attorneys filed a motion in the criminal court for | new trial basing their motion on the fol- |. lowing grounds That the action of the jury was im- properly influenced by the chief deputy | sheriff informing Juror A. c. Jackson that his sons leg had been broken sub- scquent to the empaneliing of the jury; | That the evidence did not warrant the defendants conviction for manslaugh- | ter.
 That the court erred in refusing sev- | eral charges requested by the defense. That the court erred in giving several charges requested by the solicitor. That there was not sufficient proof that Tierce was killed by shot or shots fired at him by the mob or rioters. This motion was argued by the attor- neys yesterday, and Judge Green took the matter under advisement until to- day.
 As is well known by the Age-Herald readers. Kelso was the alleged leader of the Pratt mines rioters of last July and was fried and convicted of manslaughter recently and sentenced to one years inn priSonment
 Chief Deputy Sheriff B. A. Thompson, while the Kelso case was on trial, re- cciVed a telephone message stating that Juror Jackson's son had broken his leg. This information he communicated to the juror without first obtaining the courts permission, it is charged by the defense.
 Jim Lewis Discharged.
 Jim Lewis was discharged from GUS tody yesterday, the solicitor having en- tered a mol pros in his case Lewis was indicted on the evidence of Abe Mitchell for the murder of the negro merchant, Merriweather. Later developments con tradicted MitchelPs statement, hence the mol pros
 Several misdemeanor cases were dis posed of yesterday in the criminal court
 Wellborn's Pair of Jacks.
 Mrs Anna M. Smith, through her at- torneys Cabaniss & Weakley, yesterday instituted suit in the city court against William Wilson and Wat Mcdaniel, to recover the two jacks which they pur- chased from Charley Wellborn a few weeks ago. The story of Wellborn's pur- chase of the jacks from Mrs Smith was told in the Age-Herald of last Friday.
 Annie Glover filed a bill for divorce from her husband, Jeff Glover. Violence is alleged.
 Jessie Webb alleges that his wife vol untarily abandoned him, and seeks a divorce The bill for same was filed yesterday.
 Judgment by default was rendered against Susan Lunsford, executrix, etc., and in favor of L. J. Haley, Jr.
 The chancery docket was called in the second division, and cases set down for hearing during the weeks beginning on Monday. May 20 and Monday, May 27.
 Hoene Coal Company Sold.
 All the properties of the Hoene Con- solidated Coal and Iron company was sold yesterdday by United States Court Clerk N. w. Trimble. Henry Gottgetren, trustee, of New York, bid it in at $20, 900. The sale was made under a decree rem dered last fall by Judge Bruce in the case of the New York Security and Trust company vs the Hoene Consolidated Coal and Iron company. The trust held $50, 900 of bonds of the Hoene company, which, with the accrued interest, amounted to $63,000
 Circuit Court.
 Judge Roulhac arrived from Sheffield at 2:50 yesterday afternoon and at once opened circuit court and began the trial of the case of John Roach vs. the Ala bama Great Southern Railroad com pany.
 The following judgments were en- tered:
 Default judgments were entered as fol- lows:
 Loveman, Joseph & Loeb vs. Bertha c. Morris; dimssed.
 Henry Leuter vs. J. M. Wharton; judg- ment for plaintiff for $93.
 Sextro Furniture company vs. J. M. Wharton; judgment for plaintiff Tor $l62
 Sternman- Meyer Furniture company vs. J. M. Wharton; judgment for plaintiff for $132
 Leo K Steiner vs. Robert Charlso1; judgment for plaintiff for property sued for, valued at $257.
 A. B. Mckinney vs F. D. Birmingham; judgment for defendant.
 Commissioners Court.
 Hunter Baker was brought in from Taladega county yesterday by Deputy United States Marshal Caffee on charge of illicit distilling. He was taken before Commissioner Wilson, who fixed his bond at see.
 Probate Judges Office.
 A marriage license was granted 10 J. l.. Carlisle and Miss Ophelia Williams.
 Real estate transfers-C. M. Burkhal- tor to Thomas Poole, quit claim; $15.
 w. M. Killough, administrator, to U. D. Killough, warranty deed; $500. ranty deed; $1440
 Charles Taylor and wife to c. c. Hale, warranty deed: 5000.
 Florence M Powers and husband to c. E. Devine, warranty deed; $400.
 G. w. Ratliff and wife to w. A. Graves, warranty deed; S321
 L. P Howella and wife to Clark Daniel, warranty deed; $200
 10. E. Titus to Bates Manufacturing company, transfer of personal property; $1262.
 Amos B. Cheek and wife to W. H. Schley, warranty deed; $500.
 w. B. Copeland and wife to Mrs. E. F. Sinclair, warranty deed; $500.
 Delepates 10 Memphis