The Birmingham age-herald., 1904-11-27
PAPERS WILL GO
 DOWN IN HISTORY Plea in Frank Duncan'S Behalf
 is Filed Away SUIT AGAINST JOHN CASE Former Tax Collector of Mobile County Is Sued for Alleged Shortage In Ills Accounts-other Mont.
 gomery News.
BY HERvEY w. LAIRD.

ter of the life of the notorious bank rob- Der and murderer, sent to his last re- ward by the sheriff of Jefferson county yesterday. They also speak in most audible tone of devotion far out of the | ordinary of woman for her condemned | husband, and the hard and patient work she did that he should not be made to pay the exereme penalty of the law The pa- pers have gone to keep company with those of Eugene Byars and Frank Miller, which have lain undisturbed since they proved ineffective in the securing of the governors interference in the sentences of courts of Jefferson county.
 With the Duncan papers are letters from the dead man to his devoted wife, sent along to show that he hoped to profit by the good work she was doing for him; pe- titions from many people of many call ings; letters from individuals to the gov ernor; letter from Mrs. Kirkley. wife of one of the murdered policemen, and many other documents of interest All the books that were placed at different places around the city of Birmingham were sent with the papers. but these will iOl De SdNeQ dS lut fIdliltS WtIt Nopito to the petition which was presented. Like a story that is told the events are already becoming history, and the governor Is to- day wading through the papers of many others who have pleas in for clemency, and he will have others on Monday and Tuesday, and on to the end of the chap ter for there are always many under con- vlction who are striving for relief and lib- erty, and the stories of heart-rending woes and pathetic incidents that the exec utlve is forced to read are enough to make man think that the world is one con- tinuous hard luck story-if he didn't get out and do great many other things.
 McQueen In City.
 The Hon. John Mcqueen, solicitor of the ferson county, came down from Birming- ham this morning and filed the appeal papers in the habeas corpus cases of Joe Lively and Hack Daniel. charged with the murder of Willis Whitner at Arcadia mines of the Pratt coal mines several weeks ago. The court allowed ball and the state appealed. The trouble grew out | Ol lDG ndIBlIB III elllBJ Dl 1hNCly anu Daniels as result of the coal miners strike in the Birmingham district. Lively 1 and Daniels are foremen of the Pratt Coal company, and were hung in effigy | by a party of which Whitner was said to be a member. A shooting followed in which Whitner was killed, and the kill | ing was charged to the two men inter- ested. The case will be presented to the l supreme court next week by the attor- ney-general, acting for the state, at which time cases from the counties of the fifth division will be heard. The jus- tices sitting with Chief Justice Mcclellan next week will be Haralson, Dowdell and | Denson.
 Suits Against Case.
 1 Suit was instituted today against John 1 Case, formerly tax collector of Mobile county, and his bondsmen, the Fidelity and Deposit company of Maryland, the papers being filed in the city court of Montgomery by the Hon. Massey Wilson. attorney-general of the state. It is claimed that while tax collector of Mo- bile county John Case collected SSSOO 91 taxes which he did not turn over to the state, and that he is due this amount with interest from July 1, 1900. The bond was made by the Fidelity and Deposit company September B, 1S97 for sGO GOO, and was legally approved and properly 1 filed. MT. Case was checked short last | September by Assistant State Examiner | G. F. Sedberry. who went to Mobile and | made examination at the suggestion of | the governor. It was reported to the | governor that the amount of the alleged shortage was resultant from double | credit for errors in the assessments, the board of revenue of the county first talk ing them off and then the credits which is usual taken off by the auditor.
 Liee Bodde ParoIed.
 | The governor has paroled Lige Boddie | convicted in the circuit court of Lauder. dale county for assault with intent tc murder and sent to the penitentiary ir | 1903, for two years. In his endorsement on the papers the acting governor says | "The trial judge says that he sentenced him to the penitentiary for two years I because that was the shortest term that l could impose under the law. l thought | then and am still of the opinion that one year would be sufficient punishment. | told him that would aske the governor | to pardon him at the end of ten months if his conduct was good This man hay. | ing served more than year and the board of pardons concurring in the rec 1 concentrations of the judge, let parole
 
 Executive Appointment.
 The governor has appointed the fol. | lowing trustees of the Negro Normal l school at Evergreen: J. D. lngraham, H | B. Hill, J. M. Michael, Joseph Thomas W. N. Welch, R. McCrery and D. Fay | Tor.
 | w. H. Holt has been appointed coroner Of Wilcox county. No one would stand 1 for election to the place and Mir Holt | asked to be reappointed.
 The following minor officers have also been appointed:
 Justices of the peace, Frank Gordon | Whitehall; John K. Page. Phenix City notary pubiics and justices of the peace l J. M. Snead. Andalusia; J. F. Howard Andalusia; John F. Newsome, Phenix City; notary public E.. l.. Baggett: con stable. Perdue Hill.
 Chancellor Kelly In Montgomery. Chancellor R. B. Kelly is in the city today and filed notice with State Audi. tor Sowell that he still holds to the of. flee of chancellor of the northwestern di. | vision and will expect to draw the salary | for the same notwithstanding the new. | ly elected nominee for the place, Hon | w. W. Whitesides of Anniston, is hold. | ing courts. The claim is made that the l new man has not authority until nexi I year as the law states that he Is tc | take office November 3, next after his 1 election. which would put Mir. White. | sides over to next November. The at. | torney general has ruled. however. that l the new mon go in at once and on this