The age-herald., 1898-11-19
SUIT AGAINST
 THE ICE FACTORY
Estate of Virgil Martin Sues
 for S50,O00.
KILLED IN AN EXPLOSION
Mistrial in the Case of Milton Sadler- Case of City of Gadsden vs. Wa ter Company Being Heard
 in United States Court.

r. B. Fowlkes, administrator of the es- tate of Virgil Martin, deceased, has filed suit in the city court against the Birming ham Ice Factory company for $500 GOO dam ages. The complaint alleges that while employed as engineer for the defendant in October last, Martin was injured by the explosion of boiler which caused his death. It Is further alleged that the ex- plosion was caused by a defect due to the carelessness of the defendant company The jures which were organized in the First division of the city court on Monday last were yesterday discharged without having tried a single case. The absence of attorneys at Montgomery and other causes prevented the cases set for tr al being taken up.
 Circuit Court
 A mistrial was entered in the case of Milton Sadler vs. the Sloss Iron and Steel company in the circuit court yesterday. The case was given to the jury Thursday afternoon at o'clock, which remained out until 11:SO yesterday, when it was an- nounccd that it was impossible to agree upon verdict
 The complaint on which the suit is based is novel one, and has never been de- cided by the Alabama courts. Sadier was a convict in the custody of the Soss com pany and alleges that while detained was compelled to work on divers Sundays and holidays, for which he seeks to recover damages.
 The trial of the case of Thomas Pinckard vs. the Birmingham Railway and Electric Ua Ind dod hei,, given to the jury just before adjourn ment.
 In this court A. A. Kannard & Co. entered suit against the Birmingham Cold Storage company for $2O1.S2 alleged to be due and unpaid.
 J. H. Tramil entered suit against N. c. Dean for $3O6.26.
 United States Court
 The case of Witherow & Go. vs. the De- Bardeleben Coal and Iron Co.,, which has been on trial in the United States court for several days was concluded yesterday and the case given to the jury, which at late hour had been unable to agree upon a yer dict.
 The suit is the outcome of a contract for furnishing battery of boilers for a furnace at Bessemer, and has been pending several years.
 The case of Wm J. Brockaway, receiver of the Gadsden Water Works company, vs the city of Gadsden for water rent alleged to be due and unpaid was argued yester- day on the demurrers to the bill and sub- mitted The plaintiff was represented by Amos E. Gardhue and w. R. Dorch, of Gadsden and Archibald H. Taylor of Balti- more, and the defendant by Walker, Porter & Walker, of this city. and John L. Bur- nett, of Gadsden, congressman-elect from the Seventh district.
 The case of Napoleon Hill vs. the Ensley Land company, defendants, T. T. Hillman and others garnishees, was dismissed on motion of the garn:shees.
 admitted to practice before the court.
 Probate Court
 Declaration of incorporation of the War rior Coal Mining company was filed in the probate office yesterday by R. H. Pearson, B. F. Roden and Hugh P. Thornton. The capital stock of the new company will be $50,000 divided into 500 shares of the par value of $100 each.
 Criminal Court
 The trial of Joe Ayers, charged with as- sault with intent to murder. was concluded in the criminal court yesterday and the case submitted to the jury.