The age-herald., 1898-01-11
JUDGE B|LBROONT THE BENCH
Exchanges Places With Judge
 Banks For the Week.
INTERESTING POINT OF LAW
Involving the Jurisdiction of the Circuit Court of Birmingham Over Crimes Committed in Bes-
 mer-s25, GOO Suit-Other Business.

In the circuit court yesterday the capital felony docket was taken up and will be tried during the week. There are thirteen murder cases on the docket
 Judge J. A. Bilbro, of Gadsden, Etowah county, is presiding. having exchanged benches with Judge J. J. Banks for the week.
 The following juries were organized, to intoxication, stating it would be regard ed as an extreme contempt of court should any member appear in the court room un- der the influence of liquor:
 Jury No LII. A. Chaifoux, w. J. Miller, A. J. Herring, J. T. Crennell, c. E. Trot- ter E. A. Penn. J. E. Garner, w. M. Fair ley, Edwin Lewis, W. N. Archer, J. w. Beasley. R. s. Winstead.
 Jury No. 2-B. c. Ragsdale, John Roberts, H. A. Jacks, G. B. Enslen, H. B. Witch, W. w: Brown, w. T. Ware. w. E. Salsby, l.. P. Marsey, J. E. Walker Jr., B. F. Crane, w. A. Lynn.
 Jury No. 3.-J. b. Matthews, E. T. Shoe maker. Paul Frank, J. A. Brooks, W. D. Watkins w M. Baxton. S. F. Keith. Joe Manning, J. B. Burris. I. E. Terry. A. R. Morrow, R. c. Hageland.
 Question of Jurisdiction.
 When the case of Will Fane was called, charged with murder, an interesting point of law was raised by the attorneys for the defendant.
 Fane is charged with murderng Violet Kennedy at Bessemer about one year ago.. by striking her with an axe. The circuit court grand jury returned an indictment against him at the spring term of 1897. }.
 The attorneys entered plea, raising the question of Jurisdiction, claiming that the alleged offense was committed at Besse- mer where branch of the circuit court has been established by an act of the leg isature; and that the circuit court of Bir- mingham has no jurisdiction
 Judge Bilbro, after hearing the argu- ments, rendered his decision, sustaining the plea. According to his rui- 3, had the de- fendant given bond, he would have been required to appear before the Bessemer di- vision to stand trial, but as he was con- fined in jail he was answerable to the crim- inal court.
 Fane was remanded to jail to await the action of the criminal court grand jury.
 The case of Will Palvadore charged with robbery, was passed, and that of J. A. Bergin, charged with murder, passed until Thursday.
 The trial of Ella Barnes, charged with the murder of Bessie Thomas was taken up, which is reported In another column.
 City Court.
 In the first division of the city court the case of Mrs. Annie Zimmerman, adminis- tratrix of the estate of Albert Zmmer- man, deceased, against the Kansas City, Memphis and Birmingham Railroad com pany was taken up.
 The action is for 5,OOO damages for the death of the intestate who was killed on November 24, 1895, 1t is alleged. while he was engaged as an engineer for the said company.
 The accident, which resulted in his death, occurred at Winfield Station, the engine turning over, it is alleged, on account of split switch. The testimony Is being heard.
 Juries were organized for the week as follows:
 Jury No IA. c. McCombs, c. E. Hard ing, J. R. Price, w. M. Fields, l.. P. Howell; Ed Carroll, J. W. Pruitt. w. R. Goode, w. l.. Everett T. N. McGrady, G. B. Lawson, w. B. Moss.
 Jury Mo- 2-Pat McGowan, J. L. Conley, D. S. Waters, J. s. Smith. W. H. Cut cliffe, w. A. Wood, T. J. Stubbs, J. w. Thomas, John Burk. w. T. Ray, w. P. Meriken. R. M. Price.
 Judgment by default was entered in the following cases:
 Berney National bank vs. A. s. Cowan; judgment for SLIGO.
 s. Koodmofsky vs. H. M. Beck assignee of L. Kronenbeck; judgment with leave to prove damages.
 A. B. vandegrift vs. N. w. Goodwin; judgment for $95
 In the second division three cases of l.. Vaudebonceour vs. Jack Curran for dam ages, and one case of the same plaintiff vs. Isaac Margoreidge were dismissed for want of prosecution.
 In the case of c. A. Senn, register, for the use of M. D. Muslin, vs. the Elyton Land company, continuance was granted on the agreement of the plaintiff to pay the cost of resetting within thirty days.
 The case of Virginia Reed vs. C.. w.. Austin as constable for $2OO damages, was taken up and is now trial Criminal Court. In the criminal court the misdemeanor docket was taken up and a large num- Der of minor cases disposed of. -------- ----