The Montgomery advertiser., 1905-12-22
TAYLOR FOlLS POLICE
SUCCESSFUL IN EFFORT TO STAY IN 4 ALABAMA.
Writ of Prohibition Prevents His Mo- lestation by Police, Justice of the Peace or Constitutes
 Birmingham News.

Birmingham News.
 Birmingham, Dec. 21.-(special )-w. S. Taylor, the man said to be wanted in Texas on the charge of perjury, and for whom a vigorous fight has been waged in the courts, will at least re- main in Alabama until after Christmas police authorities who arrested him inn mediately after he was released by Chancellor Benners, by suing out man of the Circuit Court, to prevent the Chief of Police, w. E. Wier. the con stable, M. w. Parsons. and the Justice of the Peace. H. B: .Abernathy. from of being fugitive from justice. Writs were this morning served on all three officers of the law, and the trial sched- sea to take paSs bsfSse
 The style of the petition for the re- straining order Is ''State of Alabama vs. W. s. Taylor and it was filed on cision when he gave Taylor his free dom. The chancellor held that Taylor had been in custody long enough to to come for him. and that even if they had come, there was nothing to show that Taylor. was guilty of perjury.
 The petition was drawn up yesterday Judge Coleman. It recites all the facts in the case from the time Chief Wier made affidavit against Taylor before being fugitive from Justice, up to the time of his second arrest on second affidavit after he was released by Chan ~cellor Benners yesterday:
 warrant is for the same cause as was set out and specified In the first war rant. and that he has been discharged Benners. He further ayers that Justice Abernathy Is without Jurisdiction to is- sue a second warrant and that the pro- ceedings are a usurpation of the power to place petitioner In custody to be held for the Governors warrant. which has been discharged by the Chancellor.
 Considerable law Is embodied in the petition. which was formally filed in the Circuit Court today, and the prayer is that all the respondents. Chiet Wfer, Constable Parsons and Justice Aber. nathy. be prohibited ana res-traanea trance of being a fugitive from justice, from taking any steps whatever in the cause and from entering any forfeitures on second arrest yesterday, or taking the petitioner into custody under any or ders entered in the proceedings. It is further asked that rule nisi for the respondents be issued. requiring them to show cause why they should not De restrained from interfering with Tay- Tor Finally. after asking for tempo rary restraint. 1t is asked that the rule nisi be made final. After considering the petition Judge Coleman set the day of hearing for January ?. 1905, and made an order copies of which were served on the respondents.
 New Incorporation.
 A certificate of incorporation of The dry Company" was filed in the Probate Court today. The incorporators are Walter E. Payne, Frederic L. Joubert, Robert s. Mcknight, Leon Joubert and Julian Gaslin.
 The objects are to do a general ma chine and foundry business, making and manufacturing any and all klnus of machines and machinery and the placing of the same on the market; the manufacturing and supplying the pub lie with any and all kinds of articles. such as or can be made or manuIac- tured in a foundry iron, steel. copper brass, boiler and sheetiron works.
 The principal office will be in Bir- mingham The capital stock is given at $l00. .000 and the corporation will be- gin business with $37.Oo0 paid In.
 The directors for the first year are: w. E. Payne, New Orleans; F. l. Jou- bert. New Orleans: R. s. Mcknight. Birmingham, and Julius Suslin, New Orleans
 Body Shipped to Morris.
 The remains of J. L. Gillespie, the conductor on the Fountain Heights electric car who died from injuries re- ceiVed last night when the car was run into by Frisco railroad engine on Thirteenth street and Ninth avenue, were shipped to Morris, Ala, to . day The motorman. w. B. Holmes. who was also hurt, and the white man and three colored passengers in the car at the time who were also injur- ed. are improving and will get out of the hospital in the near future. Mrs J. l.. Gillespie, who was injured in Tn I1AA frhf r r car dashing into the buggy in which she was returning from the hospital where she went to see her husband, Is not believed to be in a serious condf- tion. A brother of Gillespie who was also injured when the car dashed into the buggy. will be able to leave the hospital in the near future.
 Merchants' Association Organized.
 The Merchants Association of Rlr- mingham was incorporated here today. Leo Loeb. J. H. Holcomhe. Sol. Ca heen. A. Hirsch. J. D. Shelby, Ferd Marx, John w. ONeill. John l.. Parker. J. D. Collins. Godfrey. Goldman, o. Chalifoux. w. T. Cox. F. Beck and R. H. Cooper are the incorporators and the purpose of the organization Is to foster the trade iAd commerce of the retail merchants of the association. and others the members may deem advisable to protect from unjust and unlawful exactions to reform abuses in trade and many other things that affect the rights of the merchants. It Is also the purpose of the associa- tion to establish general mercantile agency. John w. O'Neill is president and Joseph B. Babb Is secretary.
 Big Realty Deals.
 Several big real estate deals were re- corded in the probate office today.
 One was the sale of all that portion of property in North Birmingham known as the Wade tract for $S4,315.64. The record shows the transfer from L. F. Parker to the Birmingham Belt Railroad Company. Mention was made of this deal some time back.
 Another transfer recorded was that of T. H. Aldrich and others to W. E. Payne and F. J. Joubert. which has to do with property on which the firm of Payne & Joubert will erect their foun- dry and machine shops for making heavy sugar mill machinery. The property Is in the vicinity of the Louis ville and Nashville and Central of Georgia Railroads and the Cottonseed oil Mill Company's plant near East Birmingham. and was sold for $30.000.
 Coroner Investigating.
 Mystery surrounds the death of Pierce Mooney, who died at the St. Vincent Hospital last night. It is known that death ensued from a frac- ture of the skull, but how this fracture was received is the matter to be solved