Birmingham state herald., 1896-06-06
MR HEWLETT FILES SUIT
Wants His Third of Receipts
 From Privileges.
ECHO OF THE RECENT RACES
The Allegations Are Interesting Powell Is Acquitted of Murder-General News
 of the Courts.

In the city court clerks office has been
 filed a bill by Thomas G. Hewlett pray
 ing the said court to give him redress
 in contract made and entered into be-
 tween plaintiff and H. Hayden Dargin,
 to-Wit:
 Plaintiff ayers that on the 1st of April,
 1895. he held and owned options of pur-
 chase on property known as the Fair
 grounds" in Jefferson county, contain
 ing about eighty acres of land and im-
 proVementS; that on CT about said date
 he contracted with said H. Hayden Dar-
 gin for the sale and conveyance to said Dargin of the said property. The terms of contract were that said Dargin agreed to purchase said property for $125O0 in cash, and he further agreed and prom ised that plaintiff should receive one third of the proceeds of all privileges incident to the holding of fairs, races or other events of like character upon said grounds.
 Plaintiff ayers that said Dargin was acquainted with the fact that said prop erty was exempted by special act of the
 legislature from the process of an act
 entitled "an act. for the better suppress
 sion of gambling"
 Plaintiff further ayers that on the 1st
 day of April he conveyed or caused to be conveyed to said Dargin. by deeds, said property, and that the amount of S12500 was paid for same as per agree ment.
 Plaintiff further ayers that on the 18th day of January, 1896, said Dargin caused the Alabama State Fair and Racing as l socation to be organized under the laws l of Alabama. That the capital stock con- sisted of 300 shares, of which said Dargin owns 49S and other parties the remaining two. Said property, he further ayers, was conveyed to said association by said Dargin and that said deed of conveyance was made on April l. 1896, and that said Dargin is the real beneficial owner of all the capital stock of said association. Plaintiff further ayers that race meeting was held at said fair grounds beginning March Is, 1896, and ending March 2S, 1896, during which time five or six races were run daily and that there was an attendance of 30,000 people; that | bar, pooling and restaurant privileges | were sold for said races and that he is entitled to a one-third interest in all pro- l ceeds from said privileges and gate re- ceipts.
 Plaintiff further ayers that said Oar | gin has left Birmingham and the state | of Alabama and has taken with him all | the books and records pertaining to said | race meeting; that plaintiff does not and | cannot know except by aid of the court | the receipts or proceeds of said privileges | or the various items thereof. and that | said Dargn and the said Alabama State l Ealf ana 1tdclllB dSSuCItllOll heiFc utIciiJ l failed to account to him or to pay to him | the large sum to which, in the premises, he Is entitled.
 l The bin includes ten interrogat tories as | to the contents of said bill filed and prays | the court to have said Dargin ct al. make | answers to same.
 The suit is most interesting one and l will no doubt call for strong legal argu- | ments when it comes to trial. City Court. l First division, Judge Sharpe presiding 1 The case of w. M Baird VS. Drennen 1 & Go. is on trial.
 Wiley Gamble has filed bill for di- vorce against his wife, Henrietta Gam
 ble.
 Criminal Court. l Criminal court, Judge Greene presiding l The jury in the case of Ira Powell, mur l der rendered verdict of not guilty, anc | the defendant was discharged. Probate Court. l The following land papers were filed II 1 the probate office yesterday: | J. K. Rockett and wife to l.. N. Burger
 deed to an undivided one-fourth interes