The Montgomery advertiser., 1905-03-22
Advertiser Bureau,
 Mobile March 21.


 Adjutant General W. W. Brandon, Alabama National Guard, and Captain Morgan, United States Army, stationed at Fort Morgan, left this afternoon for Camden, where they will hold an exam ination and survey of the detachment of that city, in pursuance of military regulations.
 Last night Battery A, Alabama State Artillery, and Companies A (Cadets), B CLomax Rifies), E (Gulf City Guard), and M (Mobile Rihes), were inspected by the officers named, each company and the battery making an excellent showing. Capt. Y. w. Pringle of Bat tery A was present with his detach- ment, and Captains s. s. Smith, Thomas Mckay, John D. Hagan and John Cal laghan of the Mobile battalion, with their respective companies in the order named. Adjutant-General Brandon this morning spoke In high praise of the showings made by the Mobile contin- gent.
 At noon today, after hearing the ar- gument by counsel in the mandamus proceedings of John Case, ex-Chief of Police, versus Pat J. Lyons, Mayor of Mobile, Judge Samuel B. Browne, in the Circuit Court, rendered decision refusing the petition of John Case.
 w. c. Fitts, for the petitioner, ex- cepted to the ruling and asked for thir- ty days time in which to file an appeal to the Supreme Court. The time was granted by the court.
 At 10 o'clock this morning, after the formal opening of court, Mir. Fitts opened the argument for the petitioner, John Case, each side having been al- lowed one hour for speech ma king. MT. Fitts contended that John Case had not been discharged as Chief of Police, in accordance with the provisions of the charter, because 1t was necessary for the Mayor if he believed Case guilty of misconduct, incompetency, or neglect of duty as Chief, to give Case a hear ing. He also urged that the taking up of such a matter on last Saturday, after the mandamus was served on him and discharging Case, was not in ac- cordance with the law.
 Messrs. B. B. Boone and H. T. Smith followed for Mayor Lyons, contending that the facts were not sufficient to sustain the petition for mandamus; {; charge Case under the charter and un- der all the facts adduced the Mayor had acted in accordance herewith.
 It Is understood that MT. Case will take the mandamus proceedings to the Supreme Court.
 In the City Court, Hon. O. J. Semmes presiding, the case Of the State versus Roy Slaughter murder. was called this morning Solicitor Webb asked for a reset of the case to April IT, because of the absence of material witnesses. The defense, through Messrs. McAlpine and Robinson, fought against a continuance. but the court ordered a resetting of the case to the date named, and further of- dered that special venire of 100 be drawn.
 George Pate. the aged German, who the past week was arrested on a war rant charging grand larceny. was tried before Judge Afford in the Inferior Criminal Court and discharged. Pate, through the instrumentality of The Ad- vertisers Mobile Bureau, was defended in court by F. O. Hoffman of the local bar.
 It will be recalled that Pate alleged he had been working for a saw mill man named John owen, at Bayou la Batre, and was due certain money. Failing to get his money, he took a horse and buggy the property of owen, and came to Mobile. as he said. "to get justice" He went to the police station for advice. and, while there, was arrested. The evidence failed to show intent to steal the horse and buggy and the court ordered the discharge of the