The Birmingham age-herald., 1904-09-17
JUDGE SENN MAKES AWARD F0R $91O5 A. J. ReiIIy's Claim is Settled
 Out of Court WAS AN INTERESTING CASE Suit Against Alabama Steel and Wire Company for Thousands of Dol
 lars Ends By Decision of
 Arbltrators.
WAS AN INTERESTING CASE

Judge Charles A. Senn, senior judge of the city court of Birmingham yesterday morning announced his decision as arbi- trator in the case of A. J. Reilly vs the Alabama Steel and Wire company. Under the decision of Judge Senn the sum of sslO5 is awarded to Mir Reilly sometime ago A. J. Reilly filed suit in the city court against the Alabama Steel and Wire company, claiming in general terms the sum of $S00OO on account. It was alleged in the bill that this sum was due the plaintiff on an account. It was set forth that the defendants to the suit entered into an agreement with MT. Reilly for the construction of 250 coke ovens and that when the time came for settling a dispute arose.
 The case finally went to trial last spring in the city court. Ten days time was taken up in examining witnesses, and few days before the time for the court to adjourn-June 30 being the day for ad- journment for the summer vacation-the conclusion was reached by all parties con- cerned that the case could not be finished before the term ended. Recognizing the fact that the case would necessarily result in mistrial it was mutually agreed that the matter should be submitted for arbi- tration and withdrawn from the courts.
 Judge Senn was then selected as the sole arbitrator. On August the taking of testimony before the arbitrator com menced. A large number of witnesses were examined and the record in the case was the largest ever made in Jefferson county, not excluding the testimony be- fore the mine workers and operators ar bitration board in the summer of 1903 In the Reilly case something like 1500 type written pages of testimony was submit- ted.
 A. H. Benners was the attorney for the plaintiff while John P. Tillman and For ney Johnston represented the defendants. It was agreed that two copies of the award of the arbitrator should be made and yesterday morning Judge senn fur nished both sides with a copy. These were delivered n person.
 What Testimony Showed.
 The testimoney offered at the hearing went to show that me details of the con tract were badly mixed. The specifica- tioAS ol tuc COHtTdCI WcIe Sdlu lO De nOL very clear and there were many dis putes over charges for extra work. The defendants also claimed damages alleging that the contractor failed to finish the contract in the specified time which proved to be of great loss to the com pany
 Another dispute arose as to the plans and specifications for the construction of the ovens. Testimony went to show that the original plans were drawn by Engi- neer Tom O'Brien. and that about the time the work was to have started he died. and his duties fell upon Civil Fngi- neer Henry Wilson. This Is said to have caused further complications
 There was further dispute about the use of materials. The contract had spec flied that both the contractor and the comr~-y were to furnish certain materi- als, and this matter was badly confused.
 It was set forth further by the com pany that it was compelled to finish up the work for which further damages re asked.
 The case was one of the most interest ing that has been filed in the courts for some time past.