The Montgomery advertiser., 1904-07-19
POLICEMAN IS FINED
r. A. MCCALL TRIED FOR ASSAULT
AND BATTERY.
p..t /. prisoner who Later Told His
1,roubles to the Grand jury
Demurrer Sustained In
Conspiracy Case.

a.. NACSdAt, poAiSO-
man. was arraigncd on an indictment
charging assault and battery on Ed
curtin. Witnesses swore that Mccall
assaulted Curtin after arresting MIN
for being drunk. An additional charge
was also placed against Curtin of re-
sistinr arrest. Curtin. in the record
ers court. was fined a total of $3.50.
He later went before the grand jury
and had Mccall indicted. The jury
today after being out snort Time
sassed a fine of one cent and costs,
,something over forty dollars being the
tCtai.
In the City Court this morning the
cases of the State of Alabama versus
Alex and John Martin, Arthur Plat,
Walter Allimon and John Woods, in
dicted for conspiracy, were called.
The defendants had been indicted as
against the Frohlichstein Cigar Manu-
featuring Company several months
ago. After the prisoners had been ar
raigned and the jury drawn. he>defense
filed the following demurrer:
Now comes the defendants and de-
muir to the Indictment and. for grounds
OF demurrer, assign the following:
"First-The facts or constituents of
the offense are not sufficiently set
'Second-The facts or constituents of
the alleged offense are not set out with
sufficient definiteness and accuracy so
as to enable the defense to know the
nature and cause of his accusation.
"Third-The facts or constituents Of
the alleged offense are not set out with
sufficient def1niteness and certainty
that the defendants may identify the
particular charge and offense.
"Fourth-The indictment alleges no
offense known to the law.
"Fifth-The indictment does not Sc.
h. % hA and nl ~a1
conspiracy"
The court sustained the demurrers
and fixed bond in the sum of 800 In
the case of each of the defendants
named. Bonds were readily given.
The remains of Sigmund Markstein
were Inferred in the new Jewish GEM
etery this afternoon. The funeral SER
vice was held in the temple. which was
friends. Rabbi Harry Ettelson .ln-
ciated at the obsequies and the SER
vices were most impressive. Large del
egations from Rescue Lodge No. "a, X.
of p, German Relief Association. the
Frohsinn and other organizations at
tended the funeral service and accom-
panied the remains to the grave. A
profusion of handsome floral offerings
were placed on the grave, among these
being designs from the Fidelia Club.
the Lambs, the Sabbath school Of the
temple. Rosa Bauer Swing Society, La
dies Hebrew Benevolent Society, Froh-
sim, Y. M. III. A.. I. %. b. b., and the
wayin. The pail bearers were J.
Goldstein, Edwin Marks, Rescue Lodge.
X. of p, J. c. Hench. William F.
Stoutz. German Relief Association, Dan
McGaughey X. & L. OF H. 2: l. CO
NJ II. A. The Pythian service at the
grave was conducted by NJ. Goldsmith.
Yesterday Mobile lost two of her well
known citizens. in the early morning.
stein died, and last night, shortly after
Q o'clock, Thomas e. Buckley, well
known resident. was stricken at Point
Clear. in bath house. and died in a
wife and Phelan B. Dorian, had gone
into the bay Mr.. Buckley became Ill
and went into the bath house. Physi
clans were summoned. but he soon
native of Auburn. Ala, and for many
years was a conductor on the Mobile
and Ohio Railroad. He retired some
time ago and embarked in mercantile
pursuits. He Is survived by his wife
and one son.
A young white man named Guthrie,
a lineman for the Mobile Light and
Railroad Company. had close call at
roor today. With fellow workman
he was on pole repairing wires.
Guthrie came in contact with a live
wire with a voltage of 1900. Quick
ed him from the pole. thus saving
his life, the man was badly shocked
and was taken to an infirmary and
given attention. He is reported as
resting easy.
News was received at the sheriff s
Office tonight of murder this after
noon at Mt Vernon. Robert Davis, a
negro. shot his wife in the neck with
a shotgun and after she fell walked
up and emptied a second charge into
her breast. The woman died almost
Immediately. The two had been
separated and the woman was moving
her belongings when Davis killed her.
The negro escaped, but Il posse is in
hot pursuit of him.
News was received here this after
noon of the death at Statesvflle of
MrH. Agnes Hendrix, second daughter
OF Mr.. John Hagaman, an old citizen
of Whistler. She was the wife of John
Hendrix. Her death occurred while
Mrs Hendrix was visiting sister.
Mrs. Agnes White. The remains will
be brought here for interment at
Whistler cemetery.
Judge Semmes has not yet passed
sentence on the two Case boys. who
pleaded guilty to assault and battery
on Phil Cosminsky.
Tomorrow in the City Court, Charles
Jackson, a young negro. will be tried
for arson in the first degree
Mobile Society News.
Mt Charles Dickens home at Cleve-
land Station was the rendezvous for a
happy weeks end party of which Miss
Caroline George was the hostess as
well as the life and spirit. In the
party were Miss Mary banner, Miss
Carrie Moffatt. Miss Marie Marston and
Messrs fillmore Rumble, John Alleyn,
Edward CpOrUa and