Birmingham state herald., 1896-01-31
BACK FROM SUPREME COURT RetriaI of John I. Maxwell for
 Murder. IMPORTANT DECREE OF SALE flagman Bass Damage Suit-E. |. Mason Fined for Using His Knife on Frank
 McGrew Some Weeks Ago.

A case of general public interest is on trial in the criminal court
 It is that of John T. Maxwell, charged with the murder or felonious killing of J. B. Rickells.
 In June of 1887 Maxwell shot Rickells in Irondale. It is said that the tragedy grew out of criminal assault by Rickells, alleged or actual on defendants wife, who informed her husband of the affair Four or five days afterwards defendant met Rickells in Irondale and shot him with a double -barreled shotgun me defense propose to show a form or oe- mentia in defendant after his wite's re- port of the matter to him uhui the oc- currence of the tragedy. The detense also entered a plea of mot guilty to the indictment. The case has been tried De- fore and the defendant convicted, but the case was reversed in the supreme court and remanded for trial again. Ihe state is represented by Solicitor Bradley and the defense by Attorneys Charles 0. Brown, John T. Shugart and M M. Ull- man.
 The following jury was empaneled: J. c. Riley. W. A. Sandefur, Constantine Perkins J. O. Cross, T. w. Huffman, J. D. Deadman, J. l.. Mitchell, Isham Will key, s. B. Brazier, Adrian c. Jackson, r. M. Bailey and w. F. Eaton.
 The first witness called yesterday was A. E. England He testified to the shoot ing. He said defendant came across the street carrying shotgun and that ne spoke to Rickells, telling him hls name, and that Rickells ran, whereupon de- fendant fired on him. Witness sald that defendant told bystanders that the man had tried to rape his wife and that he asked their protection.
 City Court
 A decree of sale was entered in the case of P. w Roebling, trustee. vs. the Van derbilt Steel and Iron company. The pc tition asks that $63, ,536.76 be paid to the trustee for the bondholders, and the de- cree holds that this amount must be paid within ten days or the register shall order a sale of the Vanderbilt furnace thirty days thereafter. This Is modem furnace and went into blast in August. 1S9O After about two years of operation 1t was shut down and has since been idle. .It was in February, 1891, that the de- Efendant company executed mortgage and issued bonds to the amount Of $75.- OO0 Some of these bonds were sold and $65, ,536. .76 of the bonds were applied as collateral to the loan. It Is believed that the furnace will be sold under the de- cree and that the purchasers will put 1t dn operation.
 In the case of the Mercantile Trust De- posit company vs Mary Lee Coal and Railroad company a decree was entered ordering Receiver T. G. Bush to pay out the proceeds of sale, $6525, to claim of the Mobile and Birmingham railroad, held to be superior to the claim of the bondholders.
 George Williams vs. Alabama Great Southern railroad verdict for defendant.
 A. J. Bass vs. Louisville and Nashville railroad: on trial. Attorney Lane, for plaintiff, says the case will probably be completed by noon.
 Bass Is suing for $10OOO damages. He says that he was a fiagman in defend- ants employ during November of 1884, and that while he was in the discharge of his duty he was knocked down by one of defendants trains, and as conse-. quence his head was gashed and one of his ribs broken
 Circuit Court
 Cincinnati Cloak and Suit company vs. George M. Morrow; dismissed.
 Fidelity Banking and Trust company vs. C. H. Hobbs has been transferred from the Bessemer division of the circuit court, and will be called here today.
 Real estate transfers:
 Probate Court.
 Lucy E. and T. S. Smith to D. Maddox. block GID, eight acres, Walker Land company survey; $326.
 J. E. Parsons and wife to w. E. Par sons, west half of northwest quarter of southeast quarter section 20, township 19 range west; $3O0
 City Delivery company to Richard H. Evans, lot 10, block 36. Seventh avenue nRnd Seventeenth street; $500.
 Richard H. Evans to City Delivery comfSny, as above $500.
 r. R<and. J. M. Dupuy to trustees Third Baptist church. lot 1, block 8. J. NJ Ware's addition to Birmingham; $500
 Inferior Criminal Court.
 Judge Feagin fined E. l.. Mason $50 yesterday. The defendant gave security for the fine and was released from GUS tody.
 Seyerla weeks ago Mason and Frank McGrew, a rolling mill man, became in volved in a difficulty near Twelfth street and First avenue. Mason cut McGrew frightfully. The wounds were made with a long keen-bladed knife and two of them went to the lungs. It is another remarka- ble recovery due to Dr. Gibson's skill, as there seemed not the least chance at the time that Magrew could live. Mason says that Magrew pushed fight on him and had stopped to pick up 0 stone, when he drove his knife several times into Me Crews body. After hearing the evidence Judge Feagin reduced the charge to ag- gravated assault and battery
 Thomas Ford got $25 and costs for as- saulting R. R. Hooker. He appealed the case.
 c. F. Hazleton, white, and William Giles, colored, were bound over to await the action of the grand jury in the sun of $200 oh, which both failed to secure They are charged with stealing several boxes of cigars from the Simpson Mer- cantile and Lumber company's store on South Twentieth street few nights ago.
 FORTY MULES
 cheap. Call at Union Stock Yards.