The Birmingham age-herald., 1904-11-16
DUNCAN CASE UP
 TOSUPREME COURT
Col Densoa Changes Method of Procedure
OTHER CASES ARE DECIDED
Three Cases from Jefferson County Circuit Court Are Affirmed. Other News from Mont
 eomery.

Montgomery, November 15.-(SpeciaL)- The last hope of Frank Duncan was to- day deposited with the supreme court by Col. w. II. Denson, his attorney, who arrived in this city last evening. He appeared before the supreme court this morning at the consultation and filed a petition for a writ of error in the case, accompanying the same with briefs sus- taining, as he claims, his several as- slgnments of error. It is likely that the court will grant or deny the petition tomorrow or Thursday. In any event, the issue will be made known eonven- iently prior to the date for execution, November 55
 Contrary 10 first reports of the inten- tions of Attorney Denson, he does not give the assignments of error on any ground relating to the resentencing courts. The petition goes to review the errors of law apparent on the whole record from the beginning of the original trial for the murder of Police man Kirlkley in September, 1901 until the first resentence on October 12 It was first the expressed intention of Col onel Denson to petition fer a writ on alleged errors of resentences which took place in the criminal court of Jefferson county on October 12 and 20. But the papers filed this morning show a differ ent method of aattack by the attorney.
 Different Methods of Attack.
 The errors assigned may be briefly stated as follows:
 l. The court erred in not drawing the Juries which tried the case as required by law for such purposes.
 2. The record nowhere shows that the defendant was present in the court when the jury came in with the verdict llnding him guilty of murder in the first degree.
 3. The record nowhere shows that the verdict was ever returned into open court or received by the judge in the presence of the defendant, as required by law.
 f. The judgment of the court does not refer to the verdict of the jury finding the defendant guilty or that the verdict was ever returned Into the court, but the judgment of the court is that the defend- ant is guilty of murder in the first degree and shall hang by the neck until dead" without In any manner referring to the verdict or stating that any verdict was ever returned.
 3. The verdict of the jury which pur- ported to have been rendered was made on September 20 1901, and the court never pronounced the judgment on him until October 12 1901, in which 1t made no ref erence whatever to the verdict of the Jury finding him guilty
 It Is noted that Nin the proceedings of Attorney Denson in order to lay all stress on the petition for a common law writ of error, he has receded from the conten- tion that his client Is not the Frank Duncan who was convicted in 1901 and escaped from the county jail pending the appeal to the supreme court. The peti- tioner admits that he is the same Frank Dpncan who originally stood trial and was sentenced to death three times The petitioner prays for stay of the execu- ton until a new trial can be had if the writ Is directed to the Jefferson county criminal court. Colonel Denson will re- main in Montgomery until a decision is reached in the case.
 Other Decisions Handed Down.
 The supreme court today affirmed the decision of the circul. court of Jefferson county in the case of the Southern rail- way vs. Minnie Burnes. Minnie Burnes was given Judgment for $12O0 damages which she sustained in personal injuries as result of wreck on the Southern railway in April. A passenger train which her was derailed at a point between Coaiburg and Birmingham.
 The court affirmed the decision of the circuit court of Jefferson county in the case of A. J. Hall vs. Peter Rising. Other decision were handed down as fol- lows:
 IiOOu o w AecltT fS. l4OulS V. tlHTRt ap- peal from the Jefferson county circuit court, judgment affirmed.
 s. E. Waugh vs. s. D. c. Brothers, ap- peal from the Cherokee circuit court, de- cree affirmed.
 Allen F. Howison vs. Arthur s. Bart lett, ct al, appeal from the Blob coun- Ly chancery court, decree affirmed
 The Keystone Manufacturing company vs. John Hampton, appeal from the Madison county circuit court, reversed and remanded.
 Eddie Sumrell vs. Mobile Cotton Mills, appeal from the Mobile county circuit court, affirmed.
 Schloss & Kahn vs. Westchester Fire Insurance company, appeal from the But Ter county circuit court, reversed and re- handed.
 Sibley Holmes vs. M. E. Myes, appeal from the Mobile county chancery court reversed and remanded.