The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1898-11-27
FEDERAL COURT
ENDED YESTERDAY
Verdict for $6,678 Against the
City of GadSden.
JUDGE TOULMlN GOES HOME
Damage Suit Filed in City Court-sev-
eral Gases Tried in Circuit Court
Motion for New Trial in
Case of Ayers Overruled.

The fall term of the United States cir
cult court was brought to a close yesterday
afternoon, final adjournment being taken.
The term was begun by Judge Bruce, the
regular district judge. and hnlshea ny
Judge Toulmin, of Mobile who was dess-
mated by Judge Pardee, of New Orleans TO
assist Judge Bruce in order that the pusi-
ness of the court might be facilitated
Judge Toulmin leaves this morning for
Mobile where he will convene his own court
tomorrow morning.
There has been considerable business
transacted during the term, but not as
much as was expected would be cleared
from the docket on account OF the time de-
voted to the trial of several cases Whlch
required several days each.
In the first part of the term, the case OF
the Talladega county mountalneers,
charged with murder, consumed about ten
days in trial and prevented Judge Bruce
from taking up the civil docket at all.
An application was made to Judge Pardee
for an adjourned term and Judge Toulmin
was designated to hold a two weeks term.
This was Judge Toulmin's first appearance
in Birmingham, but he soon won the es-
teem ana regard OF the DdI anu heto PioNS'
himself an able jurist.
The case of William G. Brockway, re-
ceiver of the Gadsden Water Works COM
pany vs. the city of Gadsden for $6,61S.9i
for water furnished, which had been on
trial for several days was concluded yester-
day afternoon, the jury returning a verdict
for the plaintiff for the amount sued for
In the case of James B. Bruff, assignee
of F. H. Whitney VS. the Phillips-Buttorf
Manufacturing company, was taken up on
the demurrers to the complaint and all de-
murrers except the thirteenth were over
ruled and the first count of the complaint
sustained. Plaintiff was given leave 10
amend his complaint and defendant was
allowed sixty days in which to file pleas.
Motion to reinstate the cases of H. A.
Wilson and G. b. Randolph VS.. the United
States went over until the next term.
A motion to require the complainant in
the case of the Columbian Equipment COM
pany VS.. the Highland Avenue and Belt
Railroad company to give security for costs
was overruled.
A motion to set aside the verdict and
| grant a new trial in the case of James P.
Withers VS.. the DeBardeleben Coal and
| Iron company was submitted, and plaintiff
was granted sixty days in which to file a
bill of EXCEPTIONS.
In the case of the United States VS.. Wal
ter Notes ct al, defendants were allowed
ten days additional in which to file a bill
of exceptions.
Suit for Damages
Pleas Moore has filed suit in the city
court against the Birmingham Traction
company for S., 900 damages. The complaint
alleges that on July 26, 1898, while engaged
with a gang of men in unloading iron cross
ings from a car near the corner of Twenty
third street and Sixth avenue plaintiff was
thrown to the ground, breaking one of his
legs and spraining the other.
Circuit Court
In the circuit court yesterday several
cases were cleared from the criminal docket
as follows:
Isham Johnson, forgery; guilty. Page
Jones, grand larceny; guilty. Tom Weems,
grand larceny; guilty. Emery Johnson,
plea of guilty to the charge of assault and
battery, and was fined S. and costs.
Criminal Court
A motion for a new trial in the case of
Joe Ayers, who was convicted of an assault
on Forest Jackson, in the criminal court
was argued yesterday and was denied. The
prisoner was sentenced to six months at
hard labor, and pending notice of appeal
sentence was suspended.
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