The Birmingham age-herald., 1905-08-12
NELSON Is "FOCUS" IN UNUSUAL CASE Accused of Doing Business
 Without License HE IS FINALLY RELEASED Selma, However, Will Appeal the Mat ter to Supreme court-Watch-
 man Is Shot By
 Robber.
HE IS FINALLY RELEASED

Selma, August u.-(Special.) .)-Something of legal battle royal was fought this morning beginning in the mayors court and ending before Judge of Probate Pitts, wherein Col. w. R. Nelson, manager for the Loan Company of Alabama, one of the states prominent citizens, was the focus, so to speak.
 For a month or so there has been a legal contest on in an effort of the city to compel the Loan Company of Alabama to pay a license of $100 for doing bus mess in the city. At recent term of court the case was dismissed on a tech nical point. Yesterday Colonel Nelson, as manager of the concern, was arrested on the charge of doing business without license and suit also entered for the back license. City Attorney Young was assist ed by L. E. Jeffries and Colonel Nelson had for his attorney Judge Daniel Part ridge.
 After the case had been called this morning before Mayor Atkins and before either side announced ready, Attorney L. E. Jeffries who is assisting the city att torney in the case, asked that MT. Blond Perrin, bookkeeper for the loan company. be examined as to whether he had the books of the concern in court or not. MT. Perrin was sworn and stated that he did not have the books. The purpose for which the books were wanted was to prove whether or not the company was doing the business of a loan company or not. MT. Perrin was then dispatched to find the books and returned and took the stand, stating to his honor that he could not find the books; that they were left on the desks by him as usual yester- day afternoon, that they were not there now and that he did not know where they were.
 Nelson Goes on Stand.
 Council for the city asked that Col. w. R. Nelson be put on the stand. Colonel Nelson at first declined to go on the stand. The mayor stated that he did not want to find Colonel Nelson in contempt and he hoped he would take the stand. Colonel Nelson stated that he did not intend any disrespect to the court and that he would take the stand, but that he would not answer any questions, standing on his constitutional right.
 Colonel Nelson took the stand and upon being asked by counsel where the books were refused to answer upon the ground that to do so might incriminate himself. he being under criminal charges of doing business without 1icense MT. Jeffries thereupon asked the court to commit Colonel Nelson for contempt and the mayor did so. making the sentence ten hours.
 Colonel Nelson was then put in charge of the chief of police. He was not sent to jail but remained in the office of the chief of police until papers were sworn out by his attorney, Judge Daniel Part ridge, and a writ of habeas corpus asked from Judge J. H. Pitts.
 At half-past eleven the case was called in the court house and Mir Jeffries made the point that the case of contempt could not be reviewed by any judge Force ful arguments were made by both MT Jeffries and Judge Partridge, after which Judge Pitts sent for various law books and then announced his decision discharg- Ing the prisoner upon the grounds that he had been committed illegally in that he was asked to testify in matters that may or may not have incriminated him, a protection guaranteed by the constitution of every citizen.
 There was much interest displayed in the whole proceeding. There was no feeling exhibited between the mayor and Colonel Nelson, the whole matter being one strictly of law. After Judge Pitts had announced his decision the city gave notice of an appeal to the supreme court the bond being placed at s100.
 Watchman Shot.
 Last night watchman A. F. Cleveland in the Southern railway yard heard a noise about one of the cars. He went around the ear and as he approached the door suddenly pistol shot rang out an he felt a sharp pain in his leg. He saw a form moving rapidly away, but owing to the wound Inflicted he could not sum mon help in time to stop the would-be robber. The robber did not have the door of the car completely open when he was discovered but would soon have helped himself but for the watchfulness of MT. Cleveland.
 Local and Personal.
 MT. L. c. Eiebash secretary and treas urer of the Gregory-Coe Lumber com- pany, of Stanton, is desperately i'll at a sanitarium in this city MT. Elebash, whose home is in Selma, was taken with typhoid fever about week ago: he was removed to the sanitarium and 1t was thought yesterday that he was doing we'll Last night perforation of the bowels took place and an operation was performed this morning Tn the nope or giving him relief.
 Mr. c. Kirkpatrick of Cahaba was a country visitor to the city today.
 McD. Campbell and w. A. Anderson left this morning for a short trip to De- mopolis.
 State Health Officer w. H. Sanders passed through the city today en route to Meridian. From Meridian he will go to Mobile and from the latter city to Biloxi and coast towns in Mississippi. looking into the matter of moderating the quarantine against those cities where no yellow fever has appeared
 O. L. Ruth, young man from Birm- ingham, who was on visit to Selma was arrested last night on request of Birmingham officers the charge of forg- cry being lodged against him. It is said that he forged check for s25 In Birm- ingham. Officers from the latter city took the young man back to Birming- ham this afternoon.