The Montgomery advertiser., 1901-08-11
UPSHAW FOUND GUILTY
NEGRO CHARGED WITH As-
 sAULTINa DAUGHTER.
Civil Cases Set for This Week in City Court-Justice Mcclellan
 Issued Temporary In-
 junction-Court News.

After having the case under consid- eration eighteen hours. the jury in the case of Levi Upshaw, a negro, charged with criminal assault upon his 12-year- old daughter, returned verdict ol guilty shortly after 12 o'clock yester- day and assessed a fine of $3S1oo. The crime was committed in the country. The jury was the regular panel. anu, on discharging the jurors, Juose Thomas took occa sion to compliment them upon their excellent service. Two capital cases are set Tor trlal in the criminal division of the City Court tomorrow. They are the cases of murder against Wilson Jones ana Charles Howell Special venires nave been drawn. Jones killed a negro named John Jackson in the country The following additional cases were disposed of by the criminal divlslon or the City Court yesterday:
 Irvine Bell, grand larceny; continued. will Aston seduction; continued. Judge Scippio, grand larceny; con- tinued.
 Chs Bloodworth. grand larceny; de- murrer to indictment sustained; de- fendant held to answer new lnoict- ment. Jim Bryant, grand larceny; contin- ued.
 will Bailey, burglary; continued.
 Liza Ann Williams, attempt to mur- der; continued.
 Geo-ge W. Fuller, violating revenue law; nol pressed.
 Jesse w. Powell, violating revenue law; plea of guilty and fined l cent. Will s. Weber, violating revenue law; mol pressed.
 A. M. Parker. violating revenue law; mol pressed.
 The Civil Docket.
 The following July cases are set for trial this week in the Civil Division of the City Court:
 Monday-Harry Hereford, pro ami vs. Lucy Hereford: J. Hunt Taylor vs. J. W. Thorington ct al: Paul W. Smith vs. Montgomery Light Go. two casee).
 Tuesday-Thomas Robinson vs. Act ma Insurance Company; c. T. Harris vs. Montgomery Street Railway; J. s. Carroll & Go. vs. Mobile and Ohio Rail- road Company; I. s. Carroll Co. vs. Walter Bros: Burks & Co. vs. Ben Duncan: Adeline Campbell vs. Caroline Feagin.
 wednesday-Ell Roach vs. Alabama Midland Railway Company: J. T. Roach vs. Alabama Midland Railway Company; Charles Drum vs. w. T. Robertson; Dave Pugh vs. Montgomery Street Railway
 Friday-E E. Forbes ct al vs. Jesse French Piano Company; Jennie Mar tin vs. Southern Express Company.
 Charged With Moonshining.
 w. E. Jackson of Tallapoosa county was bound over to the Federal grand jury yesterday by United States Com missioner Fillmore on a charge of vio- latng the revenue laws.
 nvrt1 H,,trr G4I lector, accompanied by w. Jackson, Deputy Marshal, raided an illicit dis tiTlery near Susanna. Tallapoosa coun- ty. It was reported to belong to w. B. Jackson, who was arrested by Dep uty Jackson and brought to Montgom- cry and tried as stated. The distillery consisted of fifty-gallon box still with zinc bottom, one flake stand and fer menter. ...-.-
 Suit for $5,ooo Damages.
 bill was filed yesterday by J. w. Patrick against $. H. Yarbrough & Co. for 5000 damages Patrick complains that he was maliciously prosecuted by Marlborough & Co. Some time ago Pat rick was prosecuted for removing mort gagged property. He was acquitted. He claims that he was prosecuted by Var brough & Go. and claims damages for the prosecution.
 Temporary Injunction Granted.
 Mir. Chief Justice Mcclellan of the Supreme Court in chambers yesterday issued a preliminary restraining order in the case of A. r. Tyson against the First National Bank to prevent the bank from erecting pillars in front of its new building on Commerce Street MT. Tyson owns a building adjacent to the new bank building.
 Judge Sayre of the City Court grant ed a temporary injunction several days ago but recently vacated the order Thereupon the matter was taken before Justice Mcclellan. Argument was made and the restraining order was issued.