The Montgomery advertiser., 1902-06-29
SOME NOTABLE CASES WHICH WERE FINALLY
 SETTLED YESTERDAY

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 The court house of Marengo County will not be removed to the new addition to Linden. R. H. Lowe. Solicitor of the Eighth Judicial Circuit, will answer the charges against him on November 10; Charles B. Mann of Mobile. who killed David Dickson, will not get a new trial; Beauregard c. Hall, the Guntersville school teacher convicted of rape. will get new trial: the application of John O'Neil of Montgomery for release from the penitentiary on a writ of habeas cor pus is without avail.
 These are some of the important cases decided by the Alabama Supreme Court yesterday among the great batch of opin- ions handed down by the high tribunal before it adjourned until November 10.
 It will he remembered that Attorney General Charles G. Brown, several days ago filed a bill of information against Richard H. Lowe of Huntsville, Solicitor of the Eighth Judicial Circuit in which 1t was charged that owing to physical disability MT. Lo we had been guilty of incompetency and of wilful neglect of duty. The Court was asked to proceed to impeach the Solicitor.
 An order was issued yesterday by the Court citing MT. Lowe to appear in Montgomery on November 10. the day on which the Supreme Court meets again. and make answer to the charges filed by the Attorney General.
 The opinion in the Marengo County case was written by Mir. Justice Sharpe. It was on an appeal fro mthe Marengo Chancery Court the case being entitled "Marengo County against Thomas D. Matkin.'
 The Board of Revenue of Marengo County having decided to build a new court house at Linden. the plans con- templated removing the site of the court house to a distant part of the town known as the new addition. The re- moval of the court house was objection able to certain citizens of Linden, who sought and secured an order from the Chancery Court restraining the Board of Revenue from removing the court house The opinion of the Supreme Court hand ed down yesterday affirms the decision of the Chancery Court and the court house will not he removed.
 Hon. I. M. Miller of Linden, who was ir Montgomery yesterday, said the opinion of the Supreme Court would not mate rialIy affect the people of Marengo Coun' ty, since there was no prohibition against the building of new court house. Un der the decision a court house cannot be moved from its actual site except by q vote of the people, as provided in the new Constitution.
 The affirmation of the decision of the Mobile City Court by which Charles P Mann is to serve fifteen years in the pen itentiary for the murder of David Jack son, Is of interest to Mobile and Mont gomery, Dickson having been citizen of this city.
 David Jackson was a brother-in-law oi rx,H,o iz nhov~ n if7 ar1i Mississippi family. Mann is less than 8 years old. He married Miss Jackson while she was on a visit to Montgomery and without the consent of her parents Within six or eight months after the mar riage Dickson. who was young railroad man. met Mann at a suburban resort in Mobile. The young men had a difficulty and Dickson was shot to death.
 Every legal effort was used for the ac- duittal of Mann, hut he was convicted in the Mobile City Court and sentenced to fifteen years in the penitentiary.
 Beauregard $. Hall. whose case was re- versed by the Supreme Court yesterday. and remanded to the Circuit Court of Marshall County. was prominent school teacher at Guntersville and connected with one of the best families of Northern Alabama. He was convicted of criminal assault upon a young girl. one of his pu- been made upon his life by mob For some tima he was in jail in Birmingham having been taken there to avoid a lynChing.
 John .O'Neil. whose efforts to secure a release from the penitentiary on writ of habeas corpus failed. was convicted in tho Montgomery City Court for grant larceny. he having been accused of aiding Joe Moore in picking the pockets of Capt. A. c. Forbes during the Street Fair in Montgomery last autumn.
 The contention of ONeiI for release on q writ of habeas corpus was unique His lawyers rested their contention for a writ of haheas corpus on the statement that O'Neil was unlawfulIy sent to the Montgomery county farm of Sheriff w. R. Waller on account of smallpox in the county jail. and he was consequently de- driVed of his civil rights. The writ was denied by the Montgomery City Court, and an appeal was taken to the State Su- preme Court, which yesterday affirmed the decision Of the lower court
 Among the applications for rehearing ocurruled yesterday by the Supreme Court were the decisions reversing the case of Rev. J. M. Mason against the Montgomery Street Railway Company; the City Council of Montgomery against T. Gardner Foster, and the l.. and N. Railroad Company against J. N. Hall, and the case of O. M. Hundley against Ira F. Collin and others from the Madi- son County Circuit Court.
 Rev. J. M. Mosan secured judgment against the Street Railway Company for S2,Sc0, The Supreme Court reversed the case and on second trial MT. Mason got a judgment for $500. The court over ruled an application for a rehearIng of the first case.
 The Foster case involved the tax for paving in Montgomery: the Hall case was q judgment against the railroad company for $6,OoO on account of Clay Street prop erty and the Hundley-Collins case grew out of a controversy over membership in q church at Huntsville.