The Birmingham age-herald., 1905-11-09
WALTER BENNETT RELEASED ON BOND Coroner Paris Files Suit to Re-
 cover Inquest Fee GRAND JURY ORGANIZED Suit Filed Against Justice of the Peace H. B. Abernathy By E. Wald
 to Recover Four
 Diamonds.
GRAND JURY ORGANIZED

! a preliminary hearing yesterday ailer- noon before Justice of the Peace H. D. Abernathy. He was released on SlSoo pono signed by R. V. Bennett pr. Baxter | Rittenberry. L. J. Haley. Jr., ana the defendant himself.
 Solicitor H. P. Hefin admitted that the case was bailable, and said that he did not think the defendant guilty or mur- der in the first degree. Upon thls 'uose ] Abernathy said he would fix the ooho at s15oo Bennett was defended by Attorney L, l. Haley, Jr. The case was taken up at 2 o'clock and lasted until after o,clock Among the witnesses was Au- eustus Ellard, who gave testimony po'h | for the state and defense, and onicer 1 uor,,nson who testified in behalf or l Bennett. o.
 The hrick. which it is claimed Owens ] threw at Bennett, was introouceu as dence. The state will introduce other "i' nesses this morning, although the pie 1iminary is practically ended. Soici'oi tIefin said that he wanted to introduce evidence showing the nature of the wouho and how it was inflicted
 Bennett shot Owens in the Dude saioon, If is claimed by him that he had 'snappeo 1 his fingers at a dog belonging to irieno of Owens. in a friendly manner Bennett claims that when he went in the saloon ouons came in and made a threat, throw ing brick at him.
 1 Coroner w. D. Paris yesterday hleo emf for a writ of mandamus against co,,,,+,, rreasurer H. c. Miller, seeking to have that official compelled to pay the complainant $So alleged to be que nm for the inquest over the remains or "es- lev Hale, negro killed near Ihoinas October IS. 1 The suit was filed by Attorney Rlcharo IT Fries The Board of Revenue refuseu to allow the claim of the coroner anu he filed the suit for a mandamus agaihse Miller, taking the matter out or the iiaiio7 of the board.
 The grand jury of the United states court was formally organized yesterday morning.
 Indee Thomas G. Jones delivered the charge outlining the duties in general hut making no reference to any particular case. James Bruce was "PP
 man and B. w. Moody of st. Ciair county secretary. The jury will nave hui'ioei of cases to investigate
 The Tinted States court adjourned yes- terday at noon until this morning at o'clock.
 Tud,e Charles w. Ferguson of the city court yesterday rendered decree us solving the injunction granted agaihs' the Long Distance Telephone company on c,~nplaint of Mary Holmes and taxihs the plaintiff with the costs Of the cour.
 If seems that the complainant who lives on the Mary Lee road outsioe oi the city limits, objected to the ereceior n, telegraph poles in front of her prop ortv and on this ground asked Tor an ,niunct,on. The judge appointed the clerk and register to investigate and report the damage that he thought wouio ac' crue to the complainant. He reported 'ha' he could not see that 1t would result Ill apv damage. whereupon the court ois- solved the injunction and taxed the costs to the plaintiff.
 E Wald yesterday filed suit Tn the GIT cuit court against H. B. Abernathy, Jus tice of the peace in beat 37. He sues l' recover possession of three diamond rihs' and one stud. Wald also filed suit agains M w, Parsons, a constable or peat o' and F. B. Johnson and M. II. Crlttehden his bondsmen, seeking to recover sioV damages for taking from the plaintin th' diamonds sued for in the above suit. ,a a,,aoea in the complaint that undel cover of his office Parsons entered th' place of the plaintiff on November S "ii' under a. writ of seizure or search war rant took the diamonds. It Is averre' that the warrant did not state the cause' for the search and was not legal for thu reason. The suits were filed by Attornel J. s. Kennedy.
 p n. H Spiva was granted judgmen os cent by Judge Charles w. Ferguson fin the city court yesterday. The cas- was an eiectment suit in which spiva wa the plaintiff and Jackson Roebuck wa the defendant. The costs or the cour were ordered to be paid by the derenoan' If ,s understood that the defendant ha maid the Judgment ordered by the cour to the plaintiff.
 Chancellor A. H. Benners approved m report of the register of the sale or cer tain lands in the case of C. s. Simmon vs Frank V, Evans ct al, and ordered further reference in the cause by the reg ister.
 decree dismissing the case Of Jo Hagood vs. E. M. George was handed down yesterday by Chancellor A. Il Benners.
 The following Is the docket for tn chancery court today: R. w. Francis ct al vs. the Jefferson County Savings bank. ) ". A. woodin vs. William McAlliste ct al
 Sarah Taylor vs. William Taylor.
 Agnes Scott ct al. vs. Bertha c. Morri ct al.
 James T. Whitehead vs. James N. Ken nedy.
 William Berry vs. William Bibb ct al
 Chancellor Benners rendered deere yesterday in the case of the town O East Lake vs. the East Lake Land com pany, establishing public park in Eas Lake and enjoining respondents from an. interference.