The age-herald., 1899-05-17
Question of MisnOmer in the
 Film Fiam Case.
CRUME INSTEAD OF STEWART
Was the Name of the Defendant-Jury Decided That There Was Nothing in. the Name, and Will Pro-
 ceed With Trial

 ed truism of the immortal Bard of Avon, whose philosophy extends to every condf- ton of life, was yesterday evidently made use of by a. jury in the criminal court in determining the question of misnomor which was raised in tbes case of Harry Stewart, on trial on a oharges'of obtaining money under false pretenses. growing out of an alleged film fam game.
 As was.s stated in yesterdays Age-Herald, Stewart, alias Wood, alias Hood and other aliases, was placed upon trial under an in- dietment charging him with obtaining $40 from Robert JaInison by false pretenses, which is alleged to have oceurred5 at the Union passenger station or about Feb- ruary 13 last.
 When the case. was called yesterday morning Attorney Allen, for the defense. filed a pleaof misnomor, claiming that the name of the defendant was Nathan J. Crume and not Stewart, as charged in the indictment. The state made answer to the plea con- tending that the defendant had represented himself by the names under which he was indicted, contending that he could not come into court and raise the question of mis- homer
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 In Favor of the State
 The issue was finally. submitted and after remaining out a short time the jury rendered, it's verdict finding for the state. , The case was then taken up on the ques- ton of facts and Jamison, the prosecuting witness, was placed upon the stand.
 At the conclusion of Jamisons examina- tion court adjourned until 9 o'clock this morning when the trial will be resumed. The question of misnomef, even had it resulted successfully to the defense, would have only delayed matters, as the prisoner would have been held for a new indict- ment. It is claimed by the state that the issue was raised solely for the purpose of delay in the hope that Jamison, who is a Kansas man. would not appear again to prosecute.
 City Court
 In the second division of the city court yesterday ". D. Colby who had been summoned to appear and show cause why he should not be punished for contempt in disregarding an injunction of the court, was relieved from the rule and dis missed.
 The rule was issued on the petition of J, H. Roll, a former partner of respondent, who alleged that Colby, in violation of the injunction, used his name on certain printed matter.
 In the first division the case of Campbell vs. Jefferson county was concluded and went to the jury late in the afternoon.
 Circuit Court
 In the Bessemer division of the cireuit court r. D. Fruit has filed suit against the American Pipe and Foundry company for $1oO0 as damages for alleged injuries to property by reason of a defective sewer. Another one of the cases growing out of the McAdory switch wreck was taken up before Judge Coleman in the circuit court The plaintiff Jane Evans, sues the Lauis- vile and Nashville railroad for damages for personal injuries alleged to have been sustained
 Smallpox Epidemic Recalled
 Judge Senn yesterday dismissed the case of Mollie Kyle vs. Pratt City, in which the plaintiff sued to recover damages for. personal property alleged to have been de- stroyed by the Pratt City authorities dur ing the late smallpox epidemic The plaintiff was taxed with the cost, this having been agreed to in settlement out