The age-herald., 1897-12-14
MOSBYAGA|NST THE LAND \. For S25,000 Now on Trial in
 the Circuit Court. THE BOX GAR BURGLARS Will Be Put On Trial Today-Grand Jury h. dicted Ella Barnes For Murder in
 the Second Degree.

The case of Frank ". Mosby vs. the Louisville and Nashville Railroad com pany was taken up in the circuit court yes- terday morning.
 Mosby sues to recover $25, 900 damages for injuries alleged to have been sustained at the crossing of the Louisville and Nash vile and Southern railroads, in North Bir- mingham. in March last.
 It will be remembered that a collision oc- cured at that crossing in March. which resulted in the death of Charles Bryan, engineer on the Louisville and Nashville train, and the injury of Frank Mosby, en- gineer on the Southern train.
 A judgment for $S,OOO in favor of Pearl
 Bryan, wife of the deceased engineer, was recently rendered against the Southern railway The case is now before the su- preme court on appeal. The following juries have been empan- eled for the week: Jury No. 1-W. H. Goegars. l. H. Rob- bins, John Lamble, James J. Schools, D. M. Taliaferro, H. w. Shoemaker, Robert Love- less, R. L. Goolsby, D. P Hale, M. w. By ars, J. L. Darby and J. H. Bailey. Jury No. 2-G w. Moore, G. D. Benton, Carl Hickman, I. W. Crocker, J. L. Sellers, c. B. Reid, J. L. Brake, J. B. Vail, c. H. Reese L. c. Woods, w. H. Reynolds, A. s. Osborne
 City Court. Judge Wilkerson is presiding in the first division of the city court this week. The case of c. Armstrong against the Tennessee Coal, Iron and Railroad com pany for damages in the sum of $lO,OJO for the loss of both legs, which is alleged to have been caused by the negligence of the defendants, was taken up and is now on trial.
 The following Judgments by default were entered:
 John E. Hooper vs. Paul Gillardoni; judg- ment for $1,O04.18. p. IT. Earle & Co., vs w. R. Matthews. Jr. judgment for $96466. The following juries were organized: Jury No. 1-B. w. Dispein, J. A. Able, J. G. Bergin, J. w. Higginbotham w. D. Poe, Malcomb Grant, S. M Jacks, c. A. Merrill, E. A. Williams. Fred G. Metzler. Vim. R. Guthrie, J. D. Welch. Jury No. 2-J. T. Mcknight. Crank Gal Higher, L. K. Moss, Jeff Salter, c. K. Dick ey w. M. Mount, s. J. Snow, F. I. Monks, T. S. Lacey L. J. Fox, H. Uhl, L. Gel ders.
 Criminal Court. The non-capital felony docket was taken up in the criminal court yesterday. The following juries were organized: Jury Mo- HI. McNutt, c. c. Camp, w. M Patterson, J. l.. Lavender, R. E. Harrington, Walter Tanner, J. B. Elliott, J. s. Russell R. c. Pugh, E. A. Watkins, J. A. Laird, F. s. Wear. n N dige, E. Hollingsworth, H. H. Waldrop. l J. B. Rosenstihl, J. Y. Huckbee. James Pinson, J. H. Meelks, w. H. Rylant. R. A Vaughn, J. R. Montgomery, w. J. Lind say.
 A number of cases were disposed of and several convictions were had. The case of Wm. Alley, charged with grand larceny, is set for today. Charles Alley and Clint Hathaway were recently sentenced to terms at Pratt mines, charged with the same offense.
 The cases against West Jones. Will Jor-
 dan and others, who were indicted for
 grand larceny in connection with the al-
 legged stealing of goods from the cars at
 the Louisville and Nashville depot, which
 resulted in their arrest by Chief Deputy
 Sheriff Warnock, and the recovery of a
 large quantity of goods, are also set for
 today.
 The contested will case of Cole vs Cole.
 which was set for trial in the probate court yesterday, was continued on account of the illness of Judge Porter.
 The jurors and witnesses who had been summoned were discharged.
 Ella Barnes Indicted.
 The circuit court grand jury resumed its labors yesterday morning on the third floor of the court house and examined number of witnesses.
 No report has yet been made, but two indictments have been returned.
 Ben Tharasher. burglary and grand lar ceny.
 One is against Ella Barnes, for murder in the second degree. Ella Barnes has be- come quite celebrated in Birmingham as