The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-23
DEMURRER FILED
TO PHILLIPS SUIT
Mayor Answers Allegations in
Commissioners Complaint
OTHER NEWS OF COURTS
Russell chastain, Pro Ami, Sues Rail-
way, Light and Power Company
for $4,000 for Personal
Injuries.
OTHER NEWS OF COURTS


the suit for $4,000 recently filed in the
circuit court against Mayor Ward. where
In 1t was alleged that the Mayor had
damaged the character of Mr. Phillips in
certain statements which were given to
the public.
The statement made by the Mayor in
regard to Commissioner Phillips and for
which the commissioner brought suit
against him was in connection with the
management of the rabbit Foot saloon.
It was charged by the Mayor that Com
missioner Phillips was guilty of intimidat-
ing police officers.
The following is the demurrer filed yes-
terday:
Il. Said count shows on its face that
the communication therein was privileg-
ed communication and does not allege or
show any violation of that privilege.
49, Said count shows on it's face that
the communication there in was a quasi
privileged communication, and does not
aver or show any violation of such priv
ilege.
49, Said count does not aver or show
that damage was done to plaintiff by
such communication.
~. Said count does not aver or show
in what the damage done plaintiff by the
publication of said communication con-
sisted
"5. That said count does not show that
plaintiff was Inundated, lost position,
caste or money, or was otherwise in
jured in mind, body or feeling.
IS. Said count does not aver or show
on what date said communication was
ssnt to the Board of Police Commissioners
and The Age-Herald, and the Brmlng-
ham News and the Ledger.
~. said count contains a misioinder of
actions in this, that 1t joins in one and
the same actions, for separate publication
| or libel
"s. Said count Is insufficient in that 1t
| does not aver or show what was meant
by the words of the communication.
80 Said count is insufficient in that it
Is not averred or shown what meaning
was intended to be conveyed ny the
words of said communication.
10 Said count does not sufficiently
show the allegations of the communica-
| ton referred to are untrue.
III. Said count shows on its face that
1t was the duty of the defendant to pub
lish said communication in the manner
alleged therein"
The fall term of the criminal court will
begin on September 4, and Deputy Clerks
Abbott, Hawkins and Collins have every
thing in readiness. The grand jury will
be empanelled Immediately after the court
| convens. The first week in the second
| division will be taken up in hearing mis-
demeanor cases. The week of September
IL will be one of three weeks in which
nothing but capital cases will be tried.
The other weeks begin September % and
October respectively.
Deputy Clerk Isadore Shapiro OF the
! circuit court left last night for Cincln-
natl, Buffalo and other points in the north
and Canada He will be gone for two
weeks
! Seeking to recover damages for injuries
alleged to have been received last Sun
day afternoon on a car on the East Lake
line. Russell Chastain, by his next friend,
3. F. Chastain. filed suit In the city court
yesterday against the Birmingham Rail-
way, Light and Power company for $780,
900.
It is alleged in the complaint that the
plaintiff was caused to fall from car
operated by the agent of the defendant
at a point near Avondale station. 1t Is
averred that he received serious and per-
manent injuries, consisting of a fractured
skull and the loss of three fingers. It is
alleged that the accident was approx
mate consequence of the negligence of
the agents of the defendants In the man
ner In which they operated the car.
II. X. Wheeler filed a bill in the chan
Gerry court yesterday seeking to secure
| & partition of lands
TIE following DEGREES were rendered
In the chancery court yesterday by Chan
| cellor A. II. Benners:
| Anna Williams VS.. James Williams de-
cree discharging rule nisi.
d. F. Constantine VS.. Richard M. In
gram; decree quieting title.
Eva r. Johnson ct al. VS.. Jaunita John-
son; decree confirming report of register.
Judge w. s. Russell justice Of the
peace in Precinct H. who has been hold
ing court in the court house for several
weeks, will leave today for Rome, Ga,
where he will spend a short vacation.
Judge Russell came to the court house
at the request of the officials to trans
act such business as the judges OF the
criminal court transact while those
Judges were absent from the city on vaca-
tons During the time that he has held
court In the court house Judge Russell
has issued 1876 warrants and tried IS cases.
After his return from Rome he will hold
court at East Birmingham, In Precinct IL.
The following marriage licenses were
issued from the probate court yester-
day:
James Mulkin Cardiff, and Mrs. Matte
Moline.
N f. Carlisle, Birmingham, and Miss
Alma Williams.
A. F. Daniels. Birmingham, and Miss
Mamie Ford.
The county Board OF Revenue was In
session yesterday. but with the exception
of passing on number of claims, trans
acted no business.
A position has been filed in the chan
Gerry court seeking to have the injunction
recently granted by that court again'S
Arthur McGillivray and other members OF
the local union. restraining them from
interfering with the employment OF la
borers by the birmingham Machine and
Foundry company. Gibson and Davis are
the attorney for McGillvray. Cabniss
and Wealkley filed the petition originally
asking the injunction.
The dockets for the fall term of the
circuit court will be ready for distribution
among the attorneys within the nex'
few days. The copy was given to the
printers several days ago. but the proof
has not vet been corrected, and It will
be several days before they can be dis
tributed.