The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-06-04
AMENDMENT CASE
IS ON IN EARNEST
Arguments Begun Before Judge
Sem Yesterday.
BURGIN CASE WITH JURY
FailedIso Reach Agreement at a Late
Hour Last Night-Damage Suit in
City Court Days Doings in
--, Halls of Justice
BURGIN CASE WITH JURY

AS announced in the Age-Herald yester-
day the case of the May & Thomas Hard
ware company VS.. George Eustic, city
treasurer, involving the question of the
constitutionality of the birmingham
amendment, was taken up before Judge
Charles A. Sem in the Second division of
the city court.
The opening argument was made by
H. C. Selheimer, attorney for the plaintiff,
who is being assisted by Colonel W. H.
benson, of the firm of benson & Tanner,
who are representing the plaintiff in an
other suit involving the same question.
Mr. Selheimer made an exhaustive argu-
ment in support of his position. He was
followed by Mr.. Weakley, for the defense,
who spoke briefly but earnestly in defense
of the question.
After the conclusion of Mr.. Weakley's
argument Judge Sem adjourned the hear
ing over until tomorrow morning at $3.50
o'clock when City Attorney Lowe will ad-
dress the court. Mr. Cabaniss and Colonel
Altman will also probably speak for the de-
Tense ana Colonel benson will close for
the plaintiff.
United States Court
The case of ]. C. Burgin, administrator,
VS.. the Louisville and Nashville Railroad
company, which has occupied the attention
of the United States court during the en-
tire week, was concluded yesterday after
noon and went to the jury about 1:3O
o'clock. Up to a late hour last night the
jury had failed to agree upon a verdict.
Judge Swayne was called to the court
room about $50 o'clock and sent for the
jury TO ascertain the possibility of reach
ing verdict. He impressed upon the jury
the necessity of exhausting every means
before giving up the case, and Informed
them that in case verdict was arrived
at it might be sealed and handed to the
deputy marshal in which case the jury
would be allowed to depart to report back
to the court this morning.
The case involves an interesting ques-
ton. The plaintiff, as administrator of the
estate of Porter Clark, sues to receive
damages for Clarks death, which is al
legged to have been caused by the falling in
of the Cahaba river bridge, it being con-
tended that Clark was a passenger on the
i'll fated train. The defense contend that
Clark was not on the train and was not
killed in the wreck, and introduced seven
witnesses who testified to having seen
| Clark since the accident.
City Court
In the city court w. S. Craker has filed
suit against the Western Union Telegraph
company for 81 600 damages for the alleged
failure to deliver the following telegram
for which Is cents, the required fee, had
N' "Palos, May 10, 1899.
'"To L. C. Mullen, Gate City, Ala:
walter is worse. Come on midnight
train.
(Signed) wv. 8. CRAKER."
The complaint alleges that Walter was
the infant son of plaintiff and that the per-
son to whom the telegram was addressed
was his maternal grandmother. That the
child was desperately ill and called re-
peatedly for its grandmother, who was de-
MED the privilege of being at the bedside
of the dying child to comfort its suffer-
ngs.
1t is further alleged that the child died
shortly after the arrival of the train on
which its grandmother would have arrived
had she received the telegram, and that
in consequence thereof the plaintiff suf-
ferod great mental pain by reason of the
fact that it was denied the consoing SYM
pathy and devoted affection of it's grand
mother, for whom it asked.
Circuit Court
The case of the Alabama National bank
VS.. the American National bank which was
taken up in the circuit court Friday after
noon was concluded yesterday and was
taken under Amusement by Judge Coleman,
who reserved his decision. The concluding
argument for the plaintiff was made by
Nat l.. Miller, who has only recently
taken up the active practice of law and he
acquitted himself with great credit.
Indictment Against Pate
The criminal court grand iurv hos ra
turned an indictment for murder against
Joe Pate, who shot and killed Henry Gold
worthy at New Castle a week ago yester-
day. Pate will not be given a preliminary
trial. He is still in the jail hospital, where
he is still suffering from the effect of the
birdshot he received while resisting arrest.
HAVE SIMMERED DOWN