The Montgomery advertiser., 1905-06-10
EACERToN ON TRIAL
NEW INDICTMENTS RETURNED AGAINST ALLEGED COUN-
 TERFEITER.
Federal Convict Brought te Moptgom-. cry. from Atianta Penitentisry Refused to Testify-True Bill
 Against Thorsby Robber.

New indictments were returned yes terday against James Eagerton of Cofs- fee County. by the United States grand jury and his trial on charge of pass ing counterfeit money consumed near ly the entire day in the District Court before Judge Jones.
 when the court adjourned at e:3o o'clock yesterday evening until s;So o'clock this morning lawyers were ar guing the case before the jury.
 The case against Eagerton. 1t will be recalled. was brought to a sudden ter- mination in the United States Court Thursday when District Attorney War ren s. Reese discovered that the m dfctment was defective. Eagerton en- joyed a verdict of not guilty, but the District Attorney announced that he would proceed immediately to secure new indictment by the grand jury then in session.
 As soon as the court was convened yesterday morning the grand jury nleo into the room and Foreman Joseph D. Barron presented two indictments returned an indictment against John ". Johnston, the young man who was caught red-handed several months ago while robbing the Thorsby postomce at midnight.
 After a few preliminaries the court proceeded with the trial of Eagerton, who is a prosperous farmer residing near Rotan, Coffee County. He IS ac- cused of passing two spurious $5 coins made in imitation of gold pieces of that denomination. The coins were passed at different ttimes upon Lewis Prest- wood and Joseph Dismukes. Eagertcn ndmits that he passed the coins but swore that he thought they were gem uine and when he found they were spu- rious redeemed them.
 A feature of the trial was the Iact that Len Shiver, white man who for merlv lived in Coffee County. but who is now serving a term in tho Fedefei penitentiary in Atlanta for counter feiting, was brought here to testify m hahalf of the defendant. Shtver reacn- ed Montgomery yesterday morning m custody of J. M. Nye, recording clerk at the Atlanta penitentiary. He spent the day in the Montgomery County Ja'i and returned to the penitenfiary iast night, , .s. case. pleading his legal immunity frcm the witness stand.
 The trend of the prosecution was to show that Shfver had uttered the oad money and that Eagerton WAS hls ac- complies in passing it.
 Twenty-six witnesses, typical Conee County farmers. were sworn and placed ,1uder the rule and the taking of ses- timonv drarsed throdgaort the day.
 rhe Fagerton case will be taken up a raip this morning. No other cases are on the court docket for trial tooay.
 Daniel Dawkins, a diminutive negro of Lee County who was empoyed Tn the oostoffice at JOpeiika, pleaded guilty to opening a letter. It was shown that when he found money in the letter ne returned 1t to the postmaster. upon the pela of his lawyer that the ooy was anlv Ia wears old when the offense was conmitted. Judge Jones directed that his mother give him sound thrashing in inc presence of the United states Marshal and the case against him was dismissed from the docket.
 William B. Bedsole an aged farmer of Coffee County pleaded guilty to illicit distiIlinR. He was fined $100, penalty of $500 and one year in 1ail. In view of his age the sentence or the court was suspended until next term. .. Archie McNair a negro Of Geneva | County. who was convicted Thursday by a jury of retailing liquor without 1 a license, came into court ana was Nned s100. The sentenceNof the court was suspended for the term.
 The Civil Court.
 In the civil division of the city Cour' of Montgomery yesterday Juage A. U SKyre disposed of the following cases The United States Mortgage anc Trust Company vs. o. o. Mobley, judg' meht for plaintiff for $sSi.25.
 IT. M. Gaston vs. the Florida Lumber Company, dismissed by plaintin.
 Fourth National Bank vs. A. J. Jones agent. garnishee. garnishee discharged Fourth National Bank vs. Il. B. Jones sarnishee; garnishee discharged.
 Twenty cases against the Diamon' Match Company by the state are SC ,rstssod -bv Attorney General Wilson.