The Birmingham age-herald., 1904-07-24

watchman said the night of the fire and later that he saw man running away soon after the blaze flared up and also said fire was seen in several places almost simultaneously.
 It was also discovered that the valve to the water tank was closed and that there was no steam to operate the fire fighting apparatus. The failure of the valve to work can not be accounted for. the reason the steam was off was that some repairs had been in progress which made 1t impossible to keep the machinery hot. Commissioner McDavid said this morning that he was we'll pleased with the Investigation, but would give nothing out as to what may be expected in the way of a verdict.
 Randolph Petition.
 When the grand Jury adjourned two weeks ago q petition. signed by fifteen members, was presented to Judge w. II. Thomas of the criminal court, asking him to dismiss the cases on the docket and set for early In August, against for mer Probate Judge Francis C. Randolph, charged with embezzlement. Three mem bers of the jury did not sign the petition. which was presented to Judge Thomas just as the jury was filing out after be- ing discharged.
 lie tock the paper and glanced care lessy at it and then handed 1t to Clerk Matthews, with instructions to file The correspondent of the Age II Herald asked the judge today what disposition he ex- pected to make of the petition, to which he replied that he had nothing to say, not caring to bfpnoot~ the subject until he took public action The petition was based on the fact that the accused had paid back everything he owed and no one was injured. and that he had been brave Confederate soldier who had served his country well.
 Boy Is Hero
 Master James Cogburn, the s-year-oId son of the section foreman of the Western Of Alabama, at Notasulga, is a hero to- day. He Tagged the afternoon train yes terday and saved it from q Dad wreck A heavy storm had blown down three large telegraph poles across the track and they were matted and tied with the dozens of wires on them that a train would cer- tainly have been wrecked If 1t had run into them.
 MT. Cogburn had gone to the other end of his section. The boy saw the danger and acted as if he had been man. He hastily picked up some torpedoes, such as he had seen hfs father use and ran done the track in the direction from which the train was to come. Setting them one two. three, as they are usually placed as a danger signal, he ran on further and stood ready with q large red flag, which he could hardly hold up, 1t being so heavy. As soon as the train came In sight he be- gan to frantically wave the flag About this time the torpedOes began to ex- plode and Engineer Robinson applied his air brakes.
 The crew jumped down and ran to the little fellow, whose eyes were full of tears of excitement and asked the trouble. He pointed down the track to the mass of cedar poles and wires At once everybody could see the disaster they had bareilv escaped. The boy was given a hug and a shout, and when the passengers got to him they almost smothered him with atten- ton.
 Supreme Court Adjourns.
 The supreme court adjourned to Decem- Der, today, after handing down a decision reversing and remanding the case of w. C. Agee vs. the Louisville x Nashville railroad, which relates to a controversy over the removal of house track by the said railroad near the wholesale house of w. C. Agee & Co.
 This will end the sittings of the pres ent court From a chief justice and four associates 1t becomes after next NOvem- Der chief Justice and six associates All the present members have been re- nominated, save Judge II. A. Sharpe. who did not ask it, and who will return to- Birmingham to practice his profession. IIe was on the city court bench of Birming- ham for several years before assuming the duties he today relinqushed
 The three new men nominated, which means election, are N. D. Denson of Chambers; J. C. Anderson of Marengo, and K. Y. Simpson of Lauderdale. The term adjourned today was special ses- sion called for July l, to take up the i'm peachment charges against Probate Judge J. Colvin Wood of Lowndes county. which were abated by that gentlemans resgna- tion.
 Winter Session.
 The winter term is set to begin Novem- Der IA. The law says the new judges are to qualify on the 10th of November, of the year. of their election This makes