The Birmingham age-herald., 1904-07-19

eral months ago. Since then he has been "oihins steadily on improvements The apparatus does away entirely with smoke from furnaces
 About two weeks ago MT. Mooney was taken violently H. He was carried to St Margarets hospital, where he had to un- dergo serious operation. He will be out again in about a week
 The smoke consumer has been put into actual practice at the Western shops and for several weeks the entire plant has been running without smoke
 A party of capitalists from Atlanta and Birmingham visited Montgomery last Fri day. As result the smoke consumer will be installed in tho Kimball house, in Atlanta
 Saved Negroes Necks.
 Acting Governor Cunningham has commuted to life Imprisonment the sen tences of John and Ton Tipton. who were to hang at Selma next Friday They were convicted of the murder of Fred Robbins last winter. In his endorsement on the papers. the governor says:
 'sThese applicants for executive cle- mency were convicted of murder in the first degree and sentenced to death. They petition that said sentence be committed to life imprisonment in the pententary The deceased died several days after he was shot from pneumonia which. accord Ing to the teStIfnOHSt WdS uue lO ltt Buil- shot wound. Expert testimony is that he was shot with g or SS-calibre pistol while the pistol of one of the defendants was a 4l-calibre. There Is a difference in the testimony of the principal witness on some important points at the preliminary and final examination. Three credible white witnesses testify that a person of ordinary eyesight could not distinguish another person, under the circumstances, at the time and places described by the eye witnesses. The testimony all shows these defendants were present and min gled with the crowd at [ drug store im- mediately after the shooting. Among this crowd was the chief state witness, who was himself wounded, and who did not at that time charge the defendants with the offense. There is other testimony that the defendants entered a barroom which seems to be a partitioned-off portion of the drug store, about the time or very soon after the shooting. while there is other testimony to the effect that one of the defendants was in the barroom at the time of the shooting. Another negro had il-calibre pistol which an officer testi- fled was warm It also appears from the testimony that there was a great deal of shooting of guns, pistols and fire crackers about on the streets at that time.
 .''The state also established as to one of the defendants a motive and a threat. There is also an affidavit. dated June ?, 1904 to the effect that the affiant left the drug store and that the deceased and another negro were only a short distance behind him; that a crowd was just in front and that this crowd stepped in be- tween the cars that were standing on the track, and that in that crowd he reeog- nized three persons and that he left be- hind him at the drug store the defen- dants who were on the sidewalk and they were not in said crowd; that just as he crossed the track the shooting took place, and came from just where he had seen this crowd go in.
 'The board of pardons says: There is, in the opinion of the board, doubt as to tte guilt of these two men, The convc- tion was secured largely on evidence which we regard as unreliable. large number of the best citizens of Dallas county petition that the sentence be com muted to life Imprisonment in the peni- testtiaiy, and we recommend that their prayer be granted
 'The preponderance of evidence is that these defendants are guilty and the prob ability of their guilt is too great to justify pardon but the possibility of their in- nocence is too great to warrant their execution.
 Therefore, it is ordered that the sen- tenee of death be commuted to life im- prisonment in the penitentiary."
 Grave Opened.
 News has reached here from Marengo county, says Selma special to the Mont gomery Journal that a grave of little child was recently found open in the Presbyterian cemetery at Rembert, in that county, and that it has caused a profound sensation.
 The grave opened was that of one of the Poellnitz children, who had been buried some fifty years ago.
 The tomb was carefully laid aside against the fence, and the opening was thought to have been made with a square post-hole digger, as the hole dug was about eight feet deep and too small to admit a persons boody. The motive is thought to have been robbery, as it is re- ported a gold watch and several other valuables were buried with the child
 There is no clue 10 the ghouls, but it Is believed to be the work of negroes.
 Talented Montgomerian.
 Will T. Warren. who visited his rela- tfves here in May last, since his return to New York has been offered a professor ship in the University of Pennsylvania, in architecture, unsolicited on his part, but he declined, preferring his present po- sition with Mccain Meade and White He is working now on a two-million dollar building for Tiffany & Go. MT. Warren is son of J. R. Warren of this city. and was educated at Columbia college.
 Revenue Raid.
 Deputy Internal Revenue Collector Knox Booth and Deputy Marshal c. M. Cox returned to the city this morning from raid in Covington county, seven miles northeast of Opp. A complete cop per distillery and several barrels of beer were captured. Two negroes, Joe Adkins and William Brockton, were arrested and placed under a $200 bond each by United States Commissioner Long. at Greenyille.
 Attorney General Massey Wilson has not yet filed papers looking to condemna- tion of the property south of the capitol for public use, as he was instructed to do at the last meeting of the capitol building commission. The reason is that he has not been able to secure ab- stract' without which ne can not proceed intelligently. The commission will meet tomorrow in the office of the governor.
 COMING TO BIRMINGHAM