Birmingham age-herald., 1895-04-06
IN THE COURTS.

The spring term of the United States court was adjourned sine die yesterday y United States Marshal Musgrove. When Judge Bruce left here Tuesday morning the jury was out in the Barker vs. Southern Express company case. After being out almost two days and failing 10 agree on a verdict tho jury was discharged. Yester- day morning Marshal Musgrove received orders from Judge Bruce 10 formally ad- journ court. The ceremony was quickly gone through with, only two or three people witnessing it.
 CITY COURT.
 Action was begun in the city court yester- day against the Louisville and Nashville Railroad company for S10, 900 by Charles R. Williams, administrator Of Charles c. Williams. Plaintiff alleges that decedent, who was only years old, was a passenger on q Louisville and Nashville train Decem- Der 25, 1894, and that when lew miles south of Nashville some obstruction on the track caused the train to stop suddenly, ana that the jolt was so great as to fatally inj ure the child.e
 suit for S150) for breach of bond was filed by the Corona Coal and Coke company against Edward N. Wood, who was their agent at Woodlawn.
 James M. Mullin was given judgment by agreement for s100 against the mayor aud
  damages was remiJted.
 The ease of Mrs. Mike Kelly vs. Burke & Pennington was passed until Tuesday.
 The balance of Tuesdays docket was con tinued.
 second d.division-Hattie Wade vs. c. 0. Bates, damages; on trial.
 CIRCUIT COURT.
 Henry Critteuden's damage suit against the Tennessee Coal, Iron aud Railroad com pany is still on trial in the circuit court.
 SPECIAL SESSION OF CIRCUIT COURT.
 Another special session of the circuit court was held last night to try the cause Of ex rel C. F. Enslen vs. Joseph Il. Mont gomery.t
 On converting court last night Judge Banks overruied the motion to quash the writ quo warranto offered by the respond ent Wednesday night. He held that the act under which the proceeding was begun was constitutional.
 The respondent then submitted twenty seven demurrers to the writ, all of which, except five or six, were overruled without argument. Among the demurrers were the following:
 defendant is lawfully holding and exercls- ing the functions of the office from which be is sought to be busted by this proceed ing.
 Because said complaint shows that the office which the defendant is holding aud exercising the office of is a municipal office of the city of Birmingham.
 Because said complaint shows that the ( flee which the defendant is holding and exercising the duties and privileges Of Is not civil office of profit under this state. Because said com plaint fails to show that the defendant is uniawfuly holding and exercising the privileges of said office. Because said complaint fails to show or aver what the powers, duties and privileges of the judge of the police court of Birming- ham are.
 Because iu said complaint it is stated as conclusion of the pleader that said office IS civil office of profit under ihe state and does not set out or aver the facts to show that it is civil office of profit under the state.
 These points were argued by counsel on both sides, MT. Daniel A. Green for the defendant and Mir. James A. Mitchell for the complainant. At the conclusion of MT. Mitchell's argu- ment court adjourned until Monday morn ing, when Mir. Rudolph, for the complain | ant, and Col. 8. W. John, for the respond l ent, will conclude the arguments. | The respondent demanded a jury for the | trial of the facts in the cause, and Judge Banks announced that he would instruct | the sherif this morning to subEena jurors for Monday.
 UNITED STATES COMMISSIONERS COURT. w. A. Simmons and Philip Thompson of Bessemer were brought to Birmingham and taken before United States Commis- siouer Wilson yesterday, who required | them to furnish bond in the sum or SlO0 | each. They were charged with being de- l faulting witnesses. | -s INFERIOR COURT. | In the inferior court yesterday morning l Elzy Williams was fined S5 and costs for
 disordery conduct and $50 and costs for carrying concealed weapons. John Williams was tiued $1 and costs for | disordery conduct.
 T. J. Anderson was fined s5 and costs for | disorderly conduct.
 Ed Miller was fined 5 and costs for ae- sauit and battery.
 Patience is comm nded as the highest