Birmingham state herald., 1896-02-01
EIGHTY CIGARETTES 4 DAY Alleged to Have Caused Demen- tia in John I. Maxwell, THE SLAYEROF ]. B. RlCkEllS Case Gone to the Jury on Its Last Trial-City Court Damage SuitS-Real Estate
 Transfers.
THE SLAYEROF J. B. RICkELL'


 concluded.
 It went to the jury yesterday after noon at o'clock The jury went to sup per and took the case with all its vari- ous phases of evidence under considera- tion.
 The strengthening of the defenses evil dence necessarily altered the theory of the states prosecution. From the evil dence Solicitor Lee Bradley was com pelled to admit that Rickells had made an assault on Maxwelrs wife, and ex- pert testimony tended to show that de- fendant was laborng under genuine form of dementia when he killed deceas- ed, and that he was not suffering from emotional insanity, which. under the laws of Alabam is no defense to homi- eide or murder.
 In detail the trial yesterday presented the following evidence in substance;
 Mr. Maxwelrs daughter was put on the stand and she testified that deceased had made several visits to her mother home in regard to some deeds relative to a pending land transaction; that on the day of the assault deceased was shown the deeds by Mrs. Maxwell on the front porch. Deceased then asked her per mission to enter the house. saying that 1t was very warm on the veranda. The daughter, mother and deceased then went into a room together. Deceased then asked Mrs. Maxwell to send her daughter for some fresh water to quench his thirst and that Mrs. Maxwell replied that there was fresh water in the room just from the well. Witness says de- ceased then made remark to her moth- CT which greatly perturbed her ana con tinued his advances by laying hls hand on her mothers bosom. That her moth CT screamed and, running to the mantle, seized a revolver and pointed the same at deceased. who ran away from the house at once.
 William Jones.
 Witness said he was riding to Coal burg week before the alleged occur renee, and that deceased was with hin. Deceased spoke of Mrs. Maxwell as beautiful woman and made insinuating and lustful expressions regarding her
 J. M. Robbins
 On the day of the alleged outrage wit ness was at J. H. Brooks house, near by Deceased rode up post haste ana kept looking back in the direction or Maxwells house. The horse was panting and sweating Deceased asked the direc- tion to Birmingham and rode rapioiy away.
 J. H. Brock testified substantially the same.
 J. A. Osburn testified that deceased had confessed the assault to him, but the court excluded it as irrelevant
 Charley Lacey.
 Maxwell came to wtnesss house In Hillman shortly after the alleged out rage. He was nervous, wlid looKing ano incoherent in his speech. Walked the floor at night and cried and wrnpg ms hands and that he mysteriously disap- peared the next morning.
 Dr. P. P. Crowe Witness was called in by Mrs. Max well to see defendant the sunday foiioW- ing the alleged outrage. Defendant was on the verge of nervous prostration He talked and acted like crazy man. De fendant was an incessant cigarette smoker, which aggravated his nervous neSS
 Walter Moore.
 Had known defendant fourteen years Defendant smoked cigarettes incessant- ly. Had known him to smoke as mary as eighty cigarettes during singie oay. About the time of the killing his health was declining, and he was Tn very het ,ous condition Defendant came to his office two days before the killing. Ills manner was wild and excited, and ms ap- pearance which was usually neat, was then decidedly neglected and unKempt, Defendant suddenly ran from the once without saying a word Witness dld nos saa him again until he was arrested for Dr. Wyman testified that eighty cigar ettes a day would or might produce de- mentia if continued
 
 ,r,,oresa Neuman wants $5000 damages fron,N Nthe Birmingham Railway ana ttiec- trio company. Plaintiff alleges that on the 14th instant she was thrown 10 the ground and hurt by the car starring De- fore she had gained firm foo'hoio oh the ground. . ,,,., .o,ra Argument of counsel is being heard tn the case of A. J. Bass vs. LoulsNliie md Nashville Railroad company: Nei- ther Attorney Frank s. White, TOT tne plaintiff, nor Attorney Wlihah M A. w a,.r' .es,,' for the defendant, could state when arg u, ment will close, though 1t Is presunleo that the case will go to the jury today
 Real Estate Transfers. T. M Donaldson, Pat Felton, Jr;, ana Jsmily Felton to R. R. Stopert' iol u. northwest corner lot 2, block ( noItnwe1. , oo uuarter of northwest quarter section IS' township IF. range g. west; also lot "A In same: also lot 20 in same; $2ooo.
 same to same, block 30 in southeast quarter of southeast quarter, section So, Township 17, range 8, west; Slao.
 William H. H. Judson to E. A. Verdle Hudson. northeast quarter or northeast onarter and southeast quarter or north cast quarter, section 25, township 1'. range 5, vest $2oo. Robert Johnston and l.. J. and J. E. Weaver to Hattie Colon, lots ana A. biock T. west half of northeast quarter, section 2. township IS, range 4, west; $l00. w M and Oma Fields to Silas l..  Rurrough, one and half acres in north west quarter of southeast quarter sec tion 15. township 16, range 3. west; $64.
 E H. Cabaniss and Birmingham Paint and Glass company to J. r. Sulzby, quit claim to north half of south half Of lot block 6S6, Birmingham: also seven acres in southwest corner of northwest quarter of northwest quarter, section 14 township IT, range 3, west; SlS3.
 ]. F. Sulzby to J. $. Moore quit claim to above; $40.
 J. s. Moore to Mrs. Mary Moore. as above; $400.
 Alex and Annie Dallas to Mrs. Mary Moore. quit claim to above lot; $15.
 !. M and Sallie E. Grady to Harris and Callie Clarke. lot on Eighth avenue. north, and old Elyton and Huntsville road; $75Q,
 $. E. Thompson and wife to J. R. Eng land, five acres in section p, township IS, range 4, west; $250.
 Inferior Criminal Court.
 The business of the inferior court was very light yesterday. The following cases