Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-04-05
YESTERDAY IN THE COURTS
Florence Hotel Pool Sellers Ar
rested Again.
IN JUDGE FEAGIN'S COURT
Decision Will Be Had on Monday Judge
Heads Health Greatly Improved Grim
inaI Court to Convene Monday.

The chief of police is making it warm
for the persons. engaged IN selling pools
on races had outside of the state. He
has caused several arrests to be made,
and yesterday Messrs Tom Hewlett c.
DC. Berry, Frank Edwards and w. II.
Bryan were arraigned before Judge Fea-
gin in the inferior criminal court on the
charge of violating section 535 of the city
code, which reads as follows:
Pool selling on horse race or other
contest not occurring in this state-It
shall be unlawful for any person, either
as principal or agent, in this city, to sell
nny pool or ticket, or device or chance
or make or take any wager, or enter INTO
any transaction by which money or 9TH
er valuable thing may be won or lost
upon any horse race, prize light, drill,
baseball game or other contest OF any
Gind not occurring in this state, and 1t
shall be unlawful for any person in pro-
curing or placing outside this state for
such other person any pool or ticket or
other device or chance, or wager, or to do
anything in this city to aid any other
person in entering into any transaction
whereby he may win or lose money or
other valuable thing upon any horse race,
prize fight, drill, baseball game or other
contest taking place outside the state,
and any person violating any of the pro-
visions of this section shall be fined, on
more than $780, and in any
prosecution under this section the
burden of proof shall be upon the de-
PENDANT to show that the race or contest
did not take place."
These parties have been engaged in OPP
Grating the race pool room in the F9er-
ence hotel billiard room, where pools ON
the New Orleans races were sold until the
race meeting in Birmingham, during
which time the local pool room closed,
but began again as soon as the races here
were concluded The arrests were made
on the second resumption of the races.
The pool men are represented by Attor-
ney r. j. Lowe who, when the case was
called yesterday asked for its dismissal
on the ground of an agreement by which
1t was agreed to make a state case out
of the matter.
In response 10 the agreement, it is said
that the pool men were arrested some
time ago by the chief of police, but that
ht was decided to make it state case,
and when the defendants attorney
learned that a similar case had gone
from Judge Winters court in Monltgom-
cry to the supreme court 1t was further
agreed to await the supreme court de-
cision. Attorney Lowe thought that the
action of the chief of police in the last ar
rest was arbitrary, and he asked the
Judge to take no>notice of certain meet
angs and public expressions In regard to
The races. The court interrupted him
facts in the case would be considered.
The state solicitor could not be present
and City Attorney r. V. Evans was sent
for. This called for an earnest objection
from Attorney Lowe, who questioned
City Attorney Evans authority to ap-
pear In the case, but he was allowed to
conduct it, When the city attorney ar
rived he announced that he was not thor
oughly posted and asked for contin-
uance, but Attorney Lowe objected to
jDI1a t1ha and the argued
its merits. Judge Feagin told a State
Herald repo1 Ter that he would render
his decision Monday.
In the forenoon session of the court
win Smith and Will Hudson colored,
charged with grand larceny, were bound
over to await the action of the grand
jury in the sum of 800 each.
Lizzie Jordan got IS for the use of abus-
i've language.
]. w Hay, for assault and battery was
fined ST.
Augusta Sims, disorder1y conduct; SO.
City Court.
In the case of Donelson against the
louisville and Nashville Railroad COM
pany, suit for carload OF stock, the
jury yesterday gave the plaintiff YER
dict for 5000.
Real Estate Transfers.
S. E. Thompson to Hattie Jenkins, lot
in northwest quarter of southeast quar-
ter of section 20 township IL, range
west, go.
Valentineand James Doubleman to
julie Ringue, fractional part of south half
of northeast quarter of southwest quar-
ter of section 81, township 10, range
west; $50.
Lula " Herman and husband to John
LaLage, fractional part of southwest
corner of southwest quarter of northwest
quarter, section 1, township II, range 2
west; $1,000.
Quit claims
Cornelia A. Thompson ct al. to Rep
plur, west half of lot Z, block q cancella-
ton of a mortgage.
John La Lage and wife to Lula H. Her
man, fractional part of northeast quar-
ter of northeast quarter, section 2, town.
ship II, range 2 west; $780,
A decree Of court by Judge Fl. A.
Sharpe relieving the disabilities of nom
age of Miriam Wilson was filed for rec
ord.
Marriage Licenses.
Marriage licenses were issued to Mr..
w NJ. Richardson and Miss Lorena Reed,
Mr. w. E. Vines and Miss A. L. Vines,