Birmingham age-herald., 1895-05-11
SOLD UNDER THE HAMMER Property of the Mary Lee Coal
 and Railway Company.
TRIAL OF CHAS. E. WELLB0RN
Begun Before Commissioner Wilson-Some of the Evidence Proceedings in the Other
 Courts-Rea Estate Transfers.

The properties of the Mary Lee Coal and Railway company were sold yester- day by Clerk and Register N. L. Miller, under decree of the city court, to James Sloan, Jr, Joseph w. Jenkins and Doug lass H. Gordon, all of Baltimore. The purchasers are trustees for the bond holders. The purchase price was $40,000. The decree was rendered some time ago in favor of the Mercantile Trust and De- post company of Baltimore who held two issues of bonds of the defendant company, one for $125,000 and the other for $100000 The interest, combined with the principal, amounted to $250,- 147.42. The Mary Lee company owned large tract of mineral lands, principally coal, few miles north of Birmingham, and railroad ten miles long. together with rolling stock, etc.
 The mines have been idle for some time past, but it is believed arrangements will be made for resuming operations there soon. Report of the sale was read in open court yesterday, and it was or dered to lie over for five days before con- firmation.
 The case of John Pike. pro ami, vs. George M. Morrow, sheriff, was on trial all of yesterday afternoon in the first di- vision of the city court It went to the jury, and court adjourned.
 Second division-John Irons vs Louis Gelders, defendant, Gelders Hotel com pany garnishees; dismissed for want of prosecution.
 Andrew Cowan x Co. vs. H. H. Huff stutter; judgment for plaintiff for $1S0.25. Sam Porter vs. V. c. Smith and J. R. Blair; appeal dismissed
 John $. Going vs. Joseph P. Lambert; Judgment for plaintiff for $52,
 Ada H. Sumner vs. Harry and Jennie Hively; judgment for plaintiff for $39S64. Frank P. White vs. E. B. Freeman; judgment against various garnishees for $203. 30.
 Otto Marx and J. L. Yancey vs. St. James Colored Methodist church in America ct al; judgment for plaintiffs for $267.
 Corona Coal and Coke company vs. E. N. Wood ct al, executors, etc; dis missed for want of prosecution.
 Circuit Court.
 John w. Mcconnell, administrator of estate of w. s. Mcconnell, vs. Wood ward Iron company; on trial.
 Wellborn's Trial.
 Charles E. Wellborn was put on trial in United States Commissioner Wilson's court yesterday on the charge of using the United States mails for fraudulent purposes. The Age-Herald of yesterday contained an account of his arrest, and also particulars of the tranSacton that caused his arrest. When the case was called at II o'clock the court room was filled with spectators drawn thither to hear what the witnesses had to say.
 MT. William Wilson of East Lake was the first witness. He said he bought the jack, Jumbo" from Wellborn, paying for it $325 At that time Wellborn, he said, had the other jack and a stallion. . MT. R. W. Rides told of the purchase of small jack, for which he gave Well-i born $125 in cash and colt worth $65.
 MT. F. H. Gafford said he saw the two jacks and the stallion at Neill's stock yards about two months ago and after wards at Anderson's stock yard. Later they were sent to his stable by Wellborn, and the horse is now there. He said about six weeks ago he traded for the small jack, giving Welborn in payment a diamond ring valued at $200, $10 cash and an account of about $20. MT. Gaf- ford said he saw F. D. Smith with Wel1- born about the time Wellborn bought the stock, and was also informed that Smith had brought the stock to Birmingham with him.
 This answer was brought out by ques- tion asked by MT. Vaughan for the de- fendant From this and other questions it became evident that the defense was trying to prove misrepresentation on the part of Mrs. Smith, from whom We'll born purchased the stock. MT. Gafford said he knew the record of Bonnie Me GregOr, a horse Of me DlooQ ana With good trotting record Bonnie McGregor, he said, was 13 years old, while the one in Wellborn's possession was only 3. He had told Wellborn the difference between the ages of the two.
 WIT. Hill was questioned with reference to a trade in which Wellborn purchased bicycle and gun from a man named Gardiner of Norwalk, O., and of con versation between Wellborn and Gardi- ner. The trial will be concluded today.
 Corporations.
 T. T. Hillman and George L. Morris yesterday filed in the probate judges office declaration for the incorporation of the Empire Mining company, with proposed capital of $50,000 They will do a general mining business.
 Real Estate Transfers
 J. H. Caldwell and M. J. Caldwell to J. O. Goolsby, warranty deed; $100.
 w. H. Schley and wife to Mary N. Cheek, warranty deed; s2500.
 Annie A. Sherrod to R. G. A. Davis, warranty deed; $500.
 Robert Cadenhead to W. D. B. Davis, warranty deed; $35.
 Criminal Court
 The following defendants were tried yesterday:
 Cephus Green, assault with weapon; guilty, and fined S5.
 George Parsons, violating the prohibit tion law; not guilty.
 George Childers. burglary and grand larceny; guilty.