The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-07-29
THE LEGAL RECORD.

Jesse Marlborough, charged with the kill
ing of Van Phillips at North Birming-
ham last November in a three-cornered
fight was yesterday remanded to jail
without bond The action was taken by
Judge Sameu1 L. Weaver of the criminal
court, after hearing the arguments OF
the counsel in the habeas corpus pro-
ceedings recently instituted in behalf OF
Yarbrough.
number of witnesses were examined
Yesterday morning and in the afternoon
arguments were made by Attorney James
L. Cole for the prisoner and by Assistant
Solicitor ]. B. Arid for the prosecution.
The examination of the witnesses con-
sumed the entire morning. The arguments
of the attorneys required about two hours
in the afternoon.
The court room was well filled with
spectators, as both Yarbrough and the de-
ceased were popular. More interest was
manifested in the outcome of the pro-
ceedings than has been in any trial FOR
some time.
The defense endeavored to prove that
Yarbrough did the killing only In self
defense 1t was claimed that Van Phil
lips had killed the father of Yarbrough,
and that when Jessie Yarbrough rushed
to his fathers side Phillips, 1t is alleged,
attempted to shoot him also Attorney
Coles plea was that Phillips was shot
by Yarbrough in self-defense.
The shooting, 1t is claimed, was the
result of a card game and was partici-
pated In by all three men. The elder
Yarbrough and Van Phillips were Killed
almost instantly. Judge Weaver rendered
his decision remanding the prisoner to
iail in a few minutes after the conclusion
of the arguments.
Judge Weaver Yesterday ordered Arch
ibald Wood to be released from custody
as a result of the habeas corpus proceed
ings instituted in his behalf.
Wood was accused of attempting TO
commit criminal assault upon his step
daughter. In the testimony introduced
Yesterday it was brought out that WOOD
was under the effects of intoxicants at
the time. According to the statement of
Jane Wood upon whom the assault was
alleged to have been made, Wood was
not guilty of the crime as charged.
She testified yesterday that Wood had
entered her room twice on the night in
question but had not attempted to as"
sault her. She stated that he was drunk
and that she ordered him to leave, which
he did.
Assistant Solicitor j. B. Arid represent
ed the state and Attorney Alex c. Birch
the petitioner.
Dfcey Fossett, negro woman charged
with the murder of her husband at Brook
side some time ago, was yesterday allow
ed bond in the sum of $1,000 as the result
of habeas corpus proceedings. Up to a
late hour last night the bond had not
been furnished.
After hearing of the habeas corpus ar
guments Judge S. L. Weaver of the Grim
inal court $4,000 bond was allowed by
agreement of the counsel
Attorneys Wheeler and Tate represented
the petitioner and Assistant Solicitor J.
b. Arid represented the state.
$500
who was alleged to have pretended that
he was dorwned in the Brazos river IN
Texas to collect life insurance, and whose
name was on the court records of this
county some time ago, yesterday filed
suit in the city court against the Fidelity
Mutual Life Insurance company and the
United States Fidelity and Guaranty COM
pany for $4,000.
The suit is brought as a result of garn-
ishment proceedings instituted by the de-
PENDANTS which, it is alleged in the COM
plant, were started in order to injure the
character and standing of the plaintiff in
the community. Attorney Robert Bell
represents the plaintiff.
Hunt was arrested in Birmingham sew
eral years ago charged with felony
His case was fought in the courts for
some time and Hunt was finally victo-
rious. After the case against Hunter had
been settled the insurance companies
named in the suit claimed that certain
amount was due them and they filed
garnishments against the First National
bank, the Alabama National bank, the
birmingham Trust and Savings company
and r. D. Cofrman, all of this city
These actions failed to materialize the
companies anything, and Hunt claims
they were brought with the intention
and purpose of damaging the plaintiffs
character and business at Brookside. 1t
4, claimed that the defendants failed to
comply with the provisions of a garn-
ishment bond made at the time.
OF the $4,000 Hunts claims that $1,000
il due him for the damage that resulted
to his business at, Brookside, $1,000 for
damage that was done to his character,
$1,000 for attorneys fees in lighting the