The age-herald., 1901-03-01
GEORGE ". BYERS
 IS FOUND GUILTY Account of Youth His Punish
 ment is Light MAKES A GRAVE DECISION Chancellor Carmichael Refuses Motion To Dismiss Bill for Want of
 EquIty-other News of
 the Courts.
MAKES A GRAVE DECISION

George Washington Byers, 14-year- old negro boy, was placed on trial In the Criminal Court yesterday on the charge of criminal assault, and because of his youth excited the sympathy of the jury, which found him guilty of assault and battery and assessed a fine of $500.
 The boy was charged with assaulting Mary Legg, a 7-year-old negro girl, In Twenty street last May, and but for tho fact that he was under IA years of age, would have been more severely dealt with.
 Tho case of George B. Wilmot, charged with the murder of c. c. Braxton which was set for hearing yesterday, was passed until today on account of the ab- sence of Solicitor Hefiin, who was In Montgomery
 Wilmot. who is a conductor on the Southern Railroad. on returning home about twelve months ago, shot and killed Braxton, who lived with the family be- cause of tho alleged intimacy existing be- tween him and Mrs Wilmot.
 chancery Court.
 Chancellor John c. Carmichael has rem dered decree refusing to dismiss the bill for want of equity in the case of J. R. Bryan vs. the Mayor and Aldermen of Birmingham.
 The bill complained of an ordinance passed by the city January IT, 1900, which prohibited the use of any private ceme- teres In section 26, township 1T, south, range 3 west. within the police jurisdic- ton of the city. The bill alleged that in 1896 prior to the passage of the ordin- ance, the complainant had established cemetery without the city limits, but within the limits of the police jurisdic- ton. and that bodies having been inferred therein, it Is no longor valuable for any other purpose. and that to prohibit its use by ordinance is to destroy It's value without just compensation. which Is con- trary to the constitution of the State.
 The bill also alleges that there are oth- CT private cemeteries equally near the city limits. which are not affected by the ordinance and which are within the po- lice Jurisdiction of the city, and that the ordinance is therefore a discrimina- ton in favor of said cemeteries and against complainant
 The bill asked for a perpetual injunc- ton, prohibiting the city from enforcing said ordinance. The city moved to dis miss the bill for want of equity, and Chancellor Carmichael has overruled the motion.
 A divorce was granted Lizzie Brazier from James Brazier on the ground of cruel treatment
 City Court.
 All the cases set for trial in the City Court were continued.
 In this court Angelo Berttani has filed suit against the Birmingham Southern Railway Company for $1oooo damages. He says that on February 5, 1901, he was a passenger an electric car of the Birmingham Railway and Electric Com pany, coming from Pratt City to the Mortimer street station. and that being carried beyond said station, he got off said car on an embankment, where de- fendants tracks ran close to those of the street railroad. That 1t was dark. and just as he got off he was struck by | u tIdlH Ol 1Odt Catb Oi uCkSIoatlt anu WaS injured
 Circuit Court.
 In the Circuit Court, Judge A. A. Cole man presiding, the case of Peter F. Goss vs. the Louisville, and Nashville Rail- road Company, went to the jury yester- day afternoon. Plaintiff sued for ss5 oo0 for the loss of an arm. He was an engi- neer and says he was under the engine cleaning it, when the fireman moved it without giving him warning. verdict will probably be reached today
 The case of J. c. Bryan vs the Mitchell Grocery Company Is on trial.
 Court Items.
 Assistant Solicitor John Mcqueen has returned from his wedding trip and is again on duty in the courts,
 The Court House lawn Is being re- planted with Bermuda grass.
 Tax Collector Francis will begin dock | eting defauiters today. Each tax payer who Is put on the defaulter's docke, will have an additional cost to pay of s2.5O and 10 per cent, on the amount of the tax.
 Marriage licenses were issued to: H. P Yeagery and Luoile Young. H. H. Goode and Frances M. Broke, John Richardson and Stella Eakin, W. T. Shelton and | Marde Black.
 The following deeds were filed yester- l day.
 Birmingham Realty Company to F. c. Macke, $1,S00. Part lot 10, block 751, Bir- | mingham.
 l W. H. May to Tennessee Coal, Iron and Railway Company, 2,400; southwest of southwest S-17-2, less s11 acres.