The Montgomery advertiser., 1905-01-14
NO HOPE FOR RUSSELL
SUPREME COURT AFFIRMs CASE OF
 THE SAFEBLOWER.
Holds That Montgomery County Of- lcers Acted Within Law in Bringing Him from Mobile
 Other Opinions.

In opinion by MT. Justice Simpson the Supreme Court of Alabama yester- day affirmed the decision of the City Court of Montgomery wherein ]. E. Russell was convicted of safeblowing and was sentenced to serve twenty years in the penitentiary.
 It will be remembered that J. E. Rus sell and Albert Driscoll were convicted of blowing the safes of the E. F. Forbes Company and the Montgomery Theatre on the night of December s, 1903. They were arrested the follow ing day in Mobile.
 Some obstacles were riet in bringing the men sS bsSk peaMaap pte }oE tEdissi meanors Tn Mobile and were at con vict camp there serving time when they were secured by strategy of Montgom- cry officers.
 Russell rested his appeal to the Supreme Court on the proposition that he was illegally brought to Montgom- cry for trial as he was serving a sem tence in Mobile.
 The decision of the Supreme Court is in effect that Q felony supersedes a Russell to Montgomery from Mobile was a correct procedure
 The appeal of Driscoll which rests on practically the same proposition is still pending.
 Other opinions handed down by the Supreme Court yesterday were as fol- lows:
 Mcclellan, c. J.:
 Birmingham Railway, Light and Power Company vs. John Glover, ap- peal from Jefferson Circuit Court; re- versed and remanded.
 Haralson, J.:
 Bob White vs. The State of Alabama. appeal from a judgment and order of the Judge of Probate of Walker Coun- ty, denying discharge on petition for habeas corpus; affirmed.
 Walter Sims vs. The State of Ala bama, appeal from judgment and order of the Probate Judge of Walker Coun- ty denying petition for habeas corpus; ; affirmed.
 Tyson, J.
 Ex parte The State of Alabama ex rel Attorney General ct al-writ of mandamus-writ of mandamus award ed.
 Maggie Johnson ct al vs. The State of Alabama, appeal from an order of the judge of the7 Second Judicial Cir cult. on habeas corpus proceedings. denying bail; affirmed.
 Dowdell. J.:
 Henry Walker vs. The State of Ala bama, appeal from Walker Circuit Court. reversed and remanded to the end that the circuit court may auash the indictment. and hold the defendant to answer a new indictment
 Anderson, J..
 Louisa Barnewen ct al esvs George H. Stephens. appeal from Mobile Cir cult Court; reversed and remanded.
 Denson. J.:
 Bom White vs. TAe State of Alabama. appeal from Walk@ Circuit Court. re- versed and remandhd. to tho end that the Circuit Court hay quash the in- dictment and hold the defendant to answer a new indidment.
 Per curiam
 Robert A. owen, h,al vs. Shelby Iron Company, appeal from Shelby Cir cult Court; motion for certiorari de- nied.
 Sallie IT. ThorntoA vs. B. F. Var brough. ct al. apfal from Fillmore Chancery Court. juds sment of affirm ance modified so as 10 apply to decree sustaining demurrer to bill and dls- solving injunction.
 The decision of tlF court affirming the order of Judge l. C. Richardson denying bail to Maggie Johnson and Katie Johnson of Buter County is of more than passing intrest.
 The Johnson girls Ire white They shot and killed Deputl Sheriff George Bryant. who went witha posse to their house to arrest their fdher J. II. John- son, who was accusd of burning a church.
 Johnson is believed b be demented. Feeling ran so high aalinst him after the shooting that he kas brought to Montgomery for safe k9ping.