The age-herald., 1899-06-06
MISTRIAL IN
 THE CLARK CASE
Question of His Death a Stumb-
 ling Block for Jury.
U. s. COURT HAS ADJOURNED
Argument on Birmingham Amendment Closed, and Judge Senn's Opinion May be Rendered This Alter
 noon-The Other Courts.

The adjourned term of the United States circuit court, which followed immediately upon the heels of the regular spring term of the court, was brought to a e.ose yester- day, after having disposed of quite a num- Der of eases.
 The spring term was carried over for the purpose of relieving the dockets, and Judge Charles SWayne of the West Florida c.r- cult was designated to preside in the ab- sence of Judge John Bruce of Montgomery, the regular circuit judge
 Judge Swayne has held several sessions of the term, and although it was his first appearance on the local bench, he has gained the good will and the highest re- spect of the Birmingham bar
 Court was called to order at the usual hour yesterday morning, and several mat ters requiring immediate attention we're disposed of. Motions for new trials in the cases of Annie G. Carney and Wiley c. Lansford vs. the Louisville and Nashville Railroad company were overruled and the attorneys given until October l, 1899. to file bills of exception
 A mistrial was entered in the case of J. S. Burgin, administrator of the estate of Porter Clark, vs. the Louisville and Nash vile Railroad company, the jury being un- able to agree upon a verdict. The case was given to the jury Saturday afterrooa, |, and after remaining out twenty-four hours was discharged by Judge Swayne upon as surance that an agreement could not be reached The suit was brought to recover damages for the death of Porter Clark who is alleged to have been killed in the Cahaba river wreck. The defense resisted the suit on the claim that Clark was not killed in the wreck, but had been seen a number of times since by persons who knew him. Witnesses were introduced in support of this claim, and the question as to whether or not Clark was dead proved stumbling block for the jury.
 City Court
 Arguments in the Birmingham amend ment case which was taken up before Judge Senn in the Second division of the city court on Saturday, were concluded yesterday afternoon and the case sub mitted Judge Senn will probably render his decision this afternoon.
 In the first division the case of Eddie L. Blackman pro ami D. E. Blackman vs. the county or JGlleISOH LOT udlldSto, SlOWiiS out of the Ensley bridge accident, was taken up and is on trial.
 Juries for the week were organized as follows:
 Jury Mo- ID. A. Stone, W. M. McDon- aid, James Began, A. J. Smith, s. c. Lumpkin, E. N. Creel, H. M. Archibald, c. R. Holmes, James McCombs, James Buchanon, T. H. Coley and J. R. Little.
 Jury No. 2-Robert Johnson, w. T. Snow, John c. Bagley, J. S. Hawkins, w. M. Fields, J. c. Williams, T. H. Larimore, J. w. Arnold, W. c. Hagood, L. L. Jones, A. S. Osborn and w. H. Reynolds.
 Circuit Court
 In the circuit court the case of Mary E. York administrator vs. the Louisville and Nashville Railroad company was taken up and went to trial. The plaintiff sues to re- cover damages for the death of her hus- band who was killed in the yards just be- low Eighteenth street in January last. Juries were organized as follows:
 Jury Mo- 1-R. M. Holmes, E. J. Thorn ton, G. W. Stewart, F. R Mcdonald, R. c. Hemphill. J. c. Marks, W. M. Killough, w. F. Payne, J. T. Pool, w. F. Suydam, John T. Hood and James F. Hawkins.
 Jury No. 2-J. W. Moore, L.. R. Graham, o. B. Glass. R. s. Mcknight Robert Sam uel John Mclaughlin, Abe Williams, B. F. Perkins, H. L. Golson, Will Gaudlock, H. F. Bridewell and Paul Greene.
 Criminal Court
 The non-capital felony docket was taken up in the criminal court yesterday and juries for the week organized.
 The case of Charles T. Bunch, charged with forgery in the second degree, was mol pressed.
 Several cases were tried and disposed of