The age-herald., 1897-09-04
l LYNCHING BE IMMINENT Major" Terrell, Who Assaulted
 Mrs. Thomas, Caught. MONTGOMERY MUTTERINGS Elijah Jones Will Not Hang as Sentenced Glaze Gets a New TriaI-Tenor of
 the Chat at the State Capitol
Special to The Age-Hesald

Special to The Age-Hesald
 Montgomery, Sspt. 3-The governors office today received a telegram from cir cult Judge Carmichael at Ozark announc- ing that Major Terrell, the negro who as- saultad and then buried the white wo- man, Mrs. Thomas, near Ellaa Ala, hast morIth, and who while in the act of being carried into the woods by band of lyrchers escaped and has since been at large, WIS captured near Ozark last night and was in jail at that place. A
 Judge. CarmictasIs tel gram sta.edf that thsre was talk Of lynahing the negro. tonight, but that he believed there was little probability of the threat being put into execution. He requested, however. the opinion of the governor on the ad- visibility of removing the prisoner to Elba. Secretary Simpson rapliad for the governor advising Judge Carmichael to use his own discretion, but reminding him that every rceoaution should be taken to protect the prisonsr, as it was against the policy of geoi government to punish one crime by the commission of another.
 Nothing more has been heard of the matter here.
 Attorney A. A. Wiley filed motion with the city court for new trial this morning for Joe Frazier, on the ground that the vsnire was not drawn from the box in the preserce of the defendant. The court refused to grant the motion. Sentence of twenty-five years in peni- tentiary was passed upon Frazier, but was suspended until the supreme court can act upon his appeal, based on the refusal of this court to grant new trial as above stated.
 Attorneys Fuller and Thorington, who defended Elijah Jones, by appointment of the court, made motion for new trial on the same flaw in venire, as in the Frazier case; overruled. The court then sentenced Jones to be hanged on Friday, Oct F. Sentence was then sus- pended pending an appeal to the supreme court.
 In the case of ". c. Glaze, white, who was convicted of adultery with Marion Wilson, white, Attorney O. c. Maner made a motion to set aside the verdict and grant a rev trial on the ground that the verdict was contrary to the evil dence and charge and of new evidence being discovered. The court said it did no credit several witnesses in the case, and intended to let MT. Glaze off with the payment of cost. But his attorney insisted on a new trial. as his client was unable to pay the cost Motion was granted and Glaze went back to jail until next term of court.
 The trial of the Bell case will not taks place until the next term of the city court After the court on yesterday afternoon quashed the venire in the Pritchard casa on motion of his counsel that only nienty- five instead of 100 jurors constituted said venfre, Solicitor Lomax very properly de- clined to try the Stokes and also the Bsll cases with an illegal jury. Hence their continuance. Stokes, ct al de- sired a trial at once.
 The various departments at the capitol are unusually dull today several of the state officials being absent from the city.
 Thsre was nothing of a news nature emanafing from the state house, owing to the fact that Gov. Johnston left for Birmingham yesterday afternoon, whose presence is generally desired to transact any business out of the ordinary.
 Tha two newly appointed clerks--Cody Thomas, in the auditors office, and Sesse Adams, in the commissioners-have al- ready famiiarized themselves with the duties devolving upon them and they have gone to work with both sleeves rolled up.
 It was learned today that the follow ing candidates had cropped out, aspir- ing to succeed the defunctstax colIeetor Lott, of Mobile Sam D. Block, John Case, Eyre Damer, editor of th+ Daily News; w. T. Hieranymus. and Phelan B. Dorian, ex-sheriff of the county. The race appears to be between Case and Dorian with Damer s.cond choice in the betting. As yet no one has appeared before the chief executive pushing their claims in person.