The Montgomery advertiser., 1903-03-21
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Advertiser Bureau,

Mobile March 20.
 While Justice is considered stern In de- hleanor very often events occur. even before the higher tribunals, calculated to create a ripple of laughter. One of these amusing events occurred today in the City court when the case of the State vs. Alonzo Jackson alias Sam Brown. grand larceny, was called. The defendant. ask ed if he had an attorney replied in the negative. The Solicitor remarked that he understood a prominent local attorney mentioning his name had been employed.
 The attorney was present in court, and sald ne had been engaged but Alonzo alias sam had refused to give up the fee. de- cioing 10 retain the money sent him by his father and would appear in his own behalf. The Solicitor remarked, as he arose to present the case to the jury:
 This Is one of the instances where the fool and his money will not part. A ripple of laughter went up on all sides at the expense of the attorney.
 The negro had no witnesses. but went on the stand and insisted that his name was Sam Brown and made statement in his own behalf which. evidently. had some weight as the verdict of guilty bore with 1t recommendation to mercy
 This morning while court was yet in session. the jury in the case of Gabriel Brown. indicted for murder. and which seemed to be having a hard time in reach ing a verdict, sent in a request to Judge Semmes for a definition of the word "auger." The Judge ordered a halt in the proceedings and stated the request to the Solicitor. He at the same time re- marked that 1t appeared strange the jury should seek such information as 1t was we'll known English word. An attorney, evidently desirous of being wit ty, suggested to the court that diction- ary be furnished the jury The court said the suggestion, while a good one. might possibly give ground for an exception on the part of the defense. The book was not furnished.
 The following query was also sent in to the trial judge, which for a time was held up for reply until the attorney for the defense appeared:
 If man is apparently in the act of taking another mans life and the man whose life Is in danger has ample time to retreat before his life is in immediate danger, but does not take the opportuni- ty of retreating and kills the man when his life becomes in immediate danger, what is 1t? Manslaughter or murder in the second degree?"
 Judge Semmes sent a reply as follows:
 If the defendant killed the deceased as the result of anger engendered by reason of an assault made or apparently about to be made 1t would be manslaughter in the first degree. If the defendant killed the deceased maliciously and not as the result of anger it would be murder"
 At 11:45 o'clock this morning the jury in this case announced a verdict and the was DIOuSill 4ltO SSuA ' and the attorneys for the defense were notified. At 12:3o o'clock the prisoner and his attorneys appeared and the yer dict was announced as follows We the Jury find the defendant guilty of murder in the second degree and further find that he be imprisoned in the penitentiary for ten years" The jury. at request of the defense. was polled. The defense asked for sixty days in which to take an ap- peal.
 Other cases disposed of in the City Court this morning were as follows
 Pat OBrien assault with intent to mur- der, plea of guilty to assault and battery and fine of cent and costs.
 Lucy Jones. assault and battery; con- tinued.
 Dan Powell, abusive language: l cent and costs.
 Ed Nemreither. carrying concealed weapons; plea of guilty and fine of $SO.
 Conrad Fisher, keeping open store; con tinued by request of defendant.
 H. W. Lamt, no license; continued
 Julius DeLoach, assault with intent to murder; reset for April Il.