The Birmingham age-herald., 1902-06-06
SUPREME COURT
 DOOMS MURDERERS Floyd Brownand TaylorcharIes- ton Must Hang July % ANOTHER CASE AFFIRMED Ben Durrett, Who Was Sentenced to Be Hanged In Tuscaloosa, After
 Agreement on Life Sentence,
 Must Pay Death Penalty.
ANOTHER CASE AFFIRMED

Montgomery. June 5.-(special)-Among the large number of decisions handed down by the Supreme Court today are af- firmanoes In three murder cases. Floyd Brown and Taylor Charleston are from Jefferson County Criminal Court and Ben Durrett from Tuscaloosa. All three are to be hanged Friday, July 2B.
 The court throws out the Brown case because the bill of exceptions was not signed up within the statutory limit of sixty days. It says that the mere state ment of counsel that the signing was postponed from time to time by agree msnt of solicitor and counsel is not enough. Suoh agreement should be in writing that the court might see what was done by the record, and not depend merely on the counseis opinion as to what was agreed ont.
 Charleston Case.
 The appeal in Taylor Charleston's case was on a ruling by the judge who sus- tained q challenge for cause py the state against juror who had himself been in- dicted within twelve months for assault 
 an indictment for a similar offense within the meaning of the statute which ex- ciudes men from the jury who have been indicted for similar offenses' within twelve months.
 In the Ben Durrett case. the solicitor and defendants counsel agreed on plea of guilty with a sentence for life i'm prisonment. The jury disregarded this agreement, and the court sustains the right of the jury to do this, saying such an agreement was nothing more than a recommendation by the solicitor.
 The decisions of the court were as fol- lows:
 Other Decisions.
 Mcclellan, c. J-Jackson W. Giles vs. Board of Registrars of Montgomery Coun- ty, petition for mandamus, rule nisi de- nied.
 Will Lowe vs the State of Alabama, al al from Montgomery City Court, af- firmed.
 Nose Bryant vs. the State of Alabama, appeal from Jefferson Criminal Court affirmed.
 Alabama Great Southern Railroad Com pany vs. E. L. Hall, appeal from DeKalb Circuit Court. affirmed.
 Haralson, J.-Jim Baker vs. the State of Alabama; appeal from Montgomery City Court; affirmed. Carter Watkins vs. the State of Alabama; appeal from Mo bile City Court; affirmed. w. D. Crider vs. the State of Alabama; appeal from Macon County Court; reversed and re- manded. Ed Carter vs. the State of Ala bama; appeal from Jackson Circuit Court; reversed and remanded, William G. Hurd vs. the State of Ar rama; appeal from Bessemer City Court; affirmed. Henry Bodine vs. rhe State of Alabama; appeal from Marshall Circuit Court affirmed.
 Tyson, J.-Calvfn Hampton vs. the State of Alabama; appeal from Morgan County Court; reversed and remanded. Ben Mo Cormack vs. the State of Alabama; ap- peal from Morgan Circuit Court; af- flrmed. In ID. Cawiey vs. the State of Alat -nI; appeal from Lee Circuit Court; reversed and remanded. Adolphus Steph- ems ct al. vs. the State of Alabama; ap- peal from Walker Law and Equity Court; affirmed. Taylor Charleston vs. the State of Alabama: appeal from Jefferson Crimi- nal Court; affirmed
 Sharpe, J.-Floyd Brown vs. the State of Alabama; appeal from Jefferson Crim- inal Court; affirmed. Frank James vs. the State of Alabama; appeal from Mont gomery City Court; reversed and remand ed. Billy Wiggtns vs. the State of Ala bama; appeal from Montgomery City Court; reversed and remanded. Ulus Richardson vs. the State of Alabama; appeal from Lee Circuit Court; af- firmed
 Dowdell, J.-J. A. Kicker. alias, etc, vs. the State of Alabama; appeal from Mont gomery City Court; affirmed. Ben Dur rett vs. the State of Alabama: appeal from Tuscaloosa County Court; affirmed John Thomas vs. the State of Alabama. appeal from Fillmore Circuit Court; af- f1rmed
 Per Curiam-H. R. Halliburton vs the State of Alabama; appeal from Montgom- cry City Court; affirmed. Tom Taylor vs. the State of Alabama: appeal from Montgomery City Court; affirmed. Phil Hill. ct al.. vs. the State Of Alabama; ap- peal from Montgomery City Court; af- firmed. c. B. Boddy vs. the State of Ala bama; appeal from Jefferson Criminal Court; affirmed. ". T. L. Cofer vs. P H. Kinney; appeal from Cullman Circuit Court motion to set aside. dismissal, etc.; denied.