The Birmingham age-herald., 1904-10-18
MRS, ". D. JELKS IS ID ARRIVE TODAY Will Spend Several Days in
 Birmingham TALK ABOUT GOVERNOR Rumor Has 1t That AIabama's Gov ernor May Not Find It Advis-
 able to Return Until
 Spring.
TALK ABOUT GOVERNOR

 Mrs. Jelks. wife of Governor William D.. Jelks. will arrive in Birmingham tomor- row afternoon, coming from Las Vegas, N. M., where her husband has been in search of health since last April. She will remain in Birmingham for several days with her relatives, MT. and Mrs. B. H. Cabaniss, following which she will gc to their home in Eufaula for a short time. If she returns to New Mexico before the governor comes home she will prob ably go to see Atlanta relatives before hand.
 It is not certain when the governor will get home. It is understood, however, that his intention is to come back about the middle of November. This view Is met with a rumor that Is not traceable to any definite head that he will remain in the west until spring, and possibly longer.
 It Is sincerely hoped by his thousands of friends that this is not so, and that the governor will be able to get home soon, even if he is not able to resume lis duties at the state house. He is very popular with all the people, as evidenced by the continual stream of questions as to his health, and the news that he is able to be again among his people will be re- ceived with general rejoicing
 Mrs. Jelks will be met in Birmingham by her brother, Deputy Insurance Com missioner H. R. Shorter, who will spend some time there and consult with her about the advisability of the governor re- turning soon.
 How Court Broke Up.
 There is an interesting little story in the failure of the court at Elba to try Miss Annie Rhodes, indicted for the mar- der of her brother-in-law M. S. Stewart. at Elba, last July. Among the first bills returned by the grand jury was that against Miss Rhodes. She was at once notified to get ready for trial, and the jury box was brought Into court from which to draw the venire
 As the box was laid on the table one of the attorneys for me defense asked of 1t was locked The sheriff answered that IL was not, it was nailed up. That will do." answered the lawyer as he resumed his seat. This interested the solicitor who consulted the court and a number of law books were brought in. Then it was given out that no murder
 
 that the jury box came in in such shape as to cast a doubt of legality on the proceedings and to bring about complications that would be ground for continuance and other delay. After look ing into the matter the court decided to continue all murder cases.
 Before adjourning on Wednesday the court passed resolutions in memory of the late Judge Hubbard.
 
 Court of Appeals in Session.
 The United States circuit court of ap- peals convened In the city council cham Der this morning at Il o'clock, with Judges Bardee, Shelby and Newman on the bench. Several cases were called and disposed of. This court is quite extensive in it's juridiction and it Is great convenience to Alabama law yers. The decisions of this court are in many lines final, so It's importance is apparent.
 One of the important matters to come before this court is the peonage cases. John w. Pace with many others. was in- dfcted some time ago on the charge of holding negroes in involuntary servitude. and the attorneys for the defense have made the plea that the indictments are not sufficient and the circuit court of the United States has ruled that this ground is not well taken. The uues- tfon seems to i've been that the bills did not a1lege any system, usage or cus- tom of peonage and it will be argued that no such thing is necessary.
 Cases Disposed Of.
 The following vases were disposed Of today
 B. F. Roden Grocery company vs. A. H. Bacon, bankrupt; argued and submit ted.
 J. M. Dennis vs. Atlanta National Building and Loan association; transfer red to New Orleans.
 Southern Railway company vs. Lemon Townsend; passed.
 John J. Peterson vs. Mengel Box com pany; transferred to New Orleans. Charles E. Pirscher vs The United States; argued and submitted.
 National Union vs. Eleanor Fitzpatrick: submitted oI- briefs.
 A. Dacovitch vs. John T. Schley, trus- tee, ct al; submitted on briefs. The cases yet to come up are:
 James F. Bullock vs. Alfred A. Kohn. John w. Pace vs. the United States. Henry J. Champion vs. the British and American Manufacturing company.
 Kyle Lumber company vs. Thomas G. Bush, ct al, trustee.
 Columbia Avenue Trust company ys. the McAfee company, ct al. An interesting case, locally, is that of the National Union vs. Eleanor Fitzpat- rick. At former term of the United States district court Mrs. Fitzpatrick was awarded between 5000 and s7OO0 by a jury as insurance on the life of her husband. who died several years ago.