Birmingham age-herald., 1895-01-18
IN THE COURTS.

 company, praying the court to set aside deed of trust executed by the Coaldals com- pany to the Trust company to cover an issue of $50, ,000 of bonds. Fraud was alleged by the petitioner, who claimed that the Coaldale company was indebted to the bank in the sum of S8S25.
 Yesterday Gen. Fred 5. Ferguson aud Ward & Campbell, attorneys for the Coal dale Brick and Tile company, filed the fol- lowing suit in the city court.
 The Coaldale Brick and Tile company, a corporation duly organized and existing under the laws Of the state of Alabama, plaintiff, claims of the Berney National bank of Birmingham. a corporation duly organized and existing under the laws Of the United States of America, J B. Cobbs, ". P. G. Harding, Walker Percy, Robert Jemison and James A. Going, defendants, the sum of S17 $50 for the breach of the condition of a bond made by the defendants on, to- wit, the 14lh day of January, 1895, payable to the plaintiff in the sum of Sl7,- 65O, with condition as follows, to-wit:
 The condition of the above obligation Is such that, whereas the above bounden Berney National bank of Birmingham has on the day of the date hereof prayed an at tacbment at the suit oi said. bank against the; goods, furniture, lands, tenemeHts and effects of the above named Coaldale Brick and Tile company for the sum of S8625, aud hath obtained the same, return able to the city court of Birmingham, Jeff ferson county, within thirty days from the service of the writ of attachment In said cause; now, if the said Berney National bank of Birmingham shall prosecute said attachment with effect and pay said de- fendant all such dainages as 1t may sustain from the wrongful or vexatious suing out of said attachment, then above obligation to be void, otherwise to remain ID iuii force and effecG.
 And the plaintiff ayers that the condition of said bond has been broken by the de- fendants in this: .
 1. That said attachment was wrongfully sued out.
 ?. That said attachment YVES vexatiously sued out.
 8. That said attachment was maliciously sued out.
 4. That said attachment was wrongfully and vexatiously sued out.
 5. That plaintiff had not, prior to the suing out of said attachment, frandulently disposed of it's property.
 6. That said attachment was wrongfnlly, vexatiously and maliciously sued out.
 2, That said attachment was sued out wantouly or recklessly, without probable cause.
 And plaintiff further ayers by reason of the wrongful, vexatious or malicious suing out of said attachment it has been com pelIed to suffer special damages in and about defense of said attachment suit for his reasonable counsel fees therein to the amount of $500, aud the trouble; time and expense of plaintiffs officers, agents and witnesses in attendance upon the trial thereof to the amount of S1500, to the dam age of the plain tiff as above stated.
 The Francis ChenoWeth Hardware com pany has filed bill in the cnancery court against the Coaldale Brick and Tile con- pany similar to the one filed in the city court by the Berney National bank few days ago. The Birmingham Trust and Savings company is made party defendant.
 In the second division of the city court a very interesting damage suit is on trial. It is the action brought some time ago by John Moore to recover 5000 damages from John w. Johnston. The plaintiff claims that he purchased of the defendant certain property on the South Highlands, and that prior to the purchase certain portion or said property had been deeded to the city for street purposes. The defendant denies this.
 B. NJ. Allen vs. John Booker, defendant, Sloss Iron and Steel company, garnishees; judgment for s6.
 In the first division the case of Hubert Treherne vs. the Tenn Coal, Iron and Railroad company Is still on trial.
 CRIMINAL COURT.
 i've, the jury, md the defendants not guilty,o was the verdict rendered by the jury in the case against John w. Gordon and Claude Mcdaniel yesterday afternoon.
 John Gordon, Claude Mcdaniel and Ed Langford were arrested nearly year ago and charged with robbing Jesse Hunni- cutt, railroader, near the gas works, on Third avenue. They had been confined in the county jail ever since their arrest until their acquiLtal yesterday. Their trial was begun Monday afternoon and the case wert to the jury Wednesday afternoon. The jury was out nearly twenty-four hours.~
 The case against Langford was mol pressed before the jury retired.
 Owing to the Inability of the jury in the Gordon and Mcdaniel case to agree on verdict yesterday morning the cases against the Pratt mines rioters were continued :, that against John Keiso going over until February 4. All the jurors, defendants and with esses were excused from further attendance on court this week.
 TRUE BILLS.
 The grand jury reported the following true bills yesterday:
 larceny.
 Joe Scott, assault with intent to murder.
 Charley Johnson, alias Henry Garner, grand larceny.
 Marshall Smith, murder in the second degree.
 Lang Cherry, alias Tom Griffin, alias Will Rogers, grand larceny and emhszzle- ment.
 Nettie Bell. grand larceny. Vest Williams, assault with intent to murder.
 Marshall Smith, wno was indicted for murder in the second degree, it is alleged, killed fellow convict named George Rose in Pratt mines about year ago by striking him across the head with pick. The two men quarreled over some matter, end in the row Smith used the pick. Both were colored.
 CIRCUIT COURT. J. Friedman 6 Co. vs. s. H. Coggans; judgment against the defendant for S2. 65. Edward Taylor vs. John Hill; under ad- visement.
 CORRESPONDENTS COURT. Frank Watkins of Livingston was bound over to the United States court in the sum of S2O0 by United States Commissioner Wilson for selling liquor without license. J. NJ. Ledlow of Tuskaloosa county will be tried for perjury before United States Commissioned Wilson today. Ledlow was a witness against Robert Turner, who was tried some time ago on charge of selling liuuor without license. He was brought in by Deputy United States Marshal Perkins yesterday.
 RECORDERS COURT. In the recorders court yesterday morn- ing Will Hall and Ed Johnson, two negroes, were given five days each on the of reafs for aaca nj O frOm the street gang.