Birmingham age-herald., 1895-04-09
JUDGE J. |. MONTGOMERY Declared Ineligible to the Office Of
 Inferior Court Judge.
VERDICT so RENDERED
By the Jury-Lee Harris and Abe Mitchell Plead Guilty
 of Murder.

The quo warranto proceedings in the cir cult court against Judge Joseph Il. Mont gomery of the Birmingham police court terminated yesterday afternoon at o'clock in veId ct against the defendant.
 On converting court yesterday morning Judge Banks announced that he was ready to hear the concluding arguments in the case and Mir. z. T. Rudolph for the plaintiff and Col. s. w. John for the defense argued the demurrers.
 The demurrers were overruled and jury of twelve meu empaneled to try the facts in the case. When all the facts in the case had been stated to the jury Judge Banks delivered the general charge for the plaint if and instructed the jury to return a verdict in accordance herewith. On the docket he then entered the following order:
 ssJury and verdict finding the defendant guilty of unlawfuliy holding the office of judge of the police court of Birmingham.
 .'It is the judgment of the court that de- feudant, Joseph Il. Montgomery, be ex- cIuded from the offics of judge of the police court of Birmingham, and judgment IS also rendered agalnst said Joseph Il. Montgom- cry for the costs of thls proceeding. The defenoant may supersede the judgment of 
 and sufficient sureties, as provided by law, in the sum of $200, conditioned as provided by section 3625 of the code.o Through his counsel Judge Montgomery gave notice in open court that he would appeal tue case to the supreme court. He has ten days in which to file his bill of ex- captions and make his appeal bond. The case will come up tor hearing in the supreme court, the first thing probably when this division is reached. In the Ineantimo ,JudQe MOntpOmerV will continue to preside over the police court until the case is passed upon by the su- preme court.
 In rendering his decision yesterday Judge Banks held that the office of judge Of the police court of Birmingham is 8 state office and that by reason of Judge Montgomery having been a member of the legislature creating the office he is ineligible to fill the place.
 After the Montgomery case had been dis posed of Judge Banks called the non jury docket and orders were entered as follows: w. A. Hamaker vs. Sam Beavers; judg- ment by defauit for plaintiff for $l65 A. J. Nj. Stanfield & Co. vs. Dock Maddox, defendant, lawley & Evans, garnishee; judgment oy default against Il. .. Lawley for $99.7S.
 samelson & Rosenthal vs. L. L. Dean, assignee; dismissed by plaintiff. .--------s- CITY COURT. The eiectment suit of Josiah Hawkins vs. Elmira Ross was called and put on trial in the first division of the city court yester- day. The examination of witnesses had not concluded wien court adjourned for the day.
 Judgments by default were entered as follows:
 judgment tor plaintiff for 1885. 36.
 Bauer Grocery company vs. Lady Ensley Coal, Iron and Railroad company; judg- ment for plaintiff for $762.34. J. Ablowitch & Co. vs. Marks Bros. judgment for plaintiff for $25S.s3.
 Alabama National bank vs. Marks Bros. judgment for plaintiff for $2059.
 J. w. Wilks vs. Birmingham Railway and Electric company; dismissed by plaintiff.
 Juries were empaneled for the week as
 Jury No. 1-W. 0. Dean, James H. Shoemaker, T. E. Faucett, J. R. McDan- iel, William Moore, R. H. Andoe, J. T. Thomas, R. A. Terrell, Willis Poe.
 Jury No. 2-J. 8. Linn, M. P. Sullivan, Thomas Nail, J. w. Bagley, Evan Hale, Elisha Sharitt,. Ben Brown, Robert Hill Hard, E.: B. Waidrop. ". 5. snapp.
 In the second division the chancery docket was called and causes set for trial during the weeks beginning on Monday, April l5, and Monday, April "A. Hattie Wade vs. c. 0. Bates is still on
 
 CRIMINAL COURT. John Kelso is on trial in the criminal court on 8 charge of murder. He is said to have been chairman of the meeting at which the attack upon the negro miners in Pratt mines was agreed upon and planned. He is also charged with having been the leader of the mob which shot and killed Deputy Sheriff B. w. Fierce. line story of the Pratt mines riot of July 16, 1894, is familiar to all readers of the AaE-HEEALD. The AaE- HERALD at the time gave all the details of the massacre of negro miners-.blacklegs,'' mi as they were caiied--and of the battle between the riot CTS and officers, in which Deputy Sheriff Fierce and two or three other men werel Killed.
 The jury to try the case was completed and sworn in about o'clock yesterday af- ternoon. The following gentlemen com pose it: J. D. Keith, F. M. Salter, w. J. Reeves, H. B. Brashier, A. c. Jackson, J. A. Jackson, William Sellers, W. c. Keith, William Vines, M. c. Dobbs, M. Shoema- ker, Thomas M. Carnes.
 As soon as the jury had been sworn Solicitor Ferguson read the indictment against Kelso ,sand Colonel Altman forsthe latter, pleaded not guilty. B. B. McCaa, who was a deputy sheriff on duty at the mines during the strike, was the first wit ness, and he was followed by w. H. Zuher, roadmaster for the Tennessee Coal, Iron and Railroad company, and T. 5. Allen, who attended the meeting at the old Jeffer- son mill on Village creek, where the riot was agreed upon.
 The taking of testimony will probably end today and the caselagainst Riou Regis, who vas in the fight, will thon be taken
 fas stsa,.eys u tue case are Solicitor J.