The Montgomery advertiser., 1905-12-22
Gray Case is Argued by
 Lawyers. VARIED LTTIG 10 N Court Makes Interesting Rul- ing on Insurance P0lices. Several Criminal Matters Were Dis- posed of and Attaches of Trf-
 bunaI Have Full Share of
 Clerical Work.


 that the clerical force of the high body will more than earn the sauce of the holidays in taking care of the records After disposing of these cases the Supreme Court took a recess until Jan l uary 8. Justice N. D. Denson will and the other non-residents of Mdpt- gomery will most likely leave for their respective homes to spend the holidays Gray Case Argued. The court heard minor argument yesterday morning on a certiorari mo- tion by counsel for the South and North Railroad Company and the Louisville and Nashville Railroad Com pany. defendants in suits brought by Henry B. Gray, of Birmingham, a minority stockholders in the former. The suits involve the management of the South and North road by the Louis- vile and Nashville Railroad, the facts having been threshed out before the Montgomery City Court. The case will January and not probably until an- other call of the Third Division of Counties.
 One of the decisions of yesterday which will probably attract attention was that of the Fraternal Union of America against Callie A. Zigler, up- pealed from the Butler County Circuit Court. The plaintiff. Callie Zig1er. now residing in Butler county, is the bene- ficiary in a policy of the benefit order on the life of relative of the same name who recently died. The policy amounted to $1,300, but the Fraternal Union seems to have refused payment of the full face value on the allegation of suicide.
 A clause in the contract made the holder agree to any subsequent terms that might be enforced by the Frater- nal Union. Another clause made the policy incontestable after two and a half years from the date of issue. Be- fore the death of Mir. Zigler the Frater- nal Union officers had passed a by law providing for only part payment of the benefit in the event of suicide.
 Counsel for the beneficiary argued that the provision as to agreeing to future acts of the Union could not be valid but the Supreme Court In an opinion of MT. Justice Dowdell decid- ed that the clause was justly effective if the subsequent amendments of the Union were within the charter rights of the concern. s,-t--
 Thus was the judgment of the lower court reversed and the cause remanded.
 Coroner Paris Loses.
 The appeal of Treasurer H. C. Miller, of Jefferson county, in which he sought freedom from a writ of man. damus to pay certain unjust fees of Coroner w. D. Paris, resulted favora- bly to the Treasurer yesterday.
 The Coroner of Jefferson County was making an effort to get payment of his out reference to the Board of Revenue. The Treasurer recently refused these unaudited claims but the Birmingham City Court issued the writ and the ap- peal was taken from that decision. The opinion of MT. Justice Dowdell in the case declared that the claims for before the Board of Revenue and by them audited before payment of the Treasurer on whom warrants are to be issued in due order. several affirming sentences of criminals. Frank Funderburk, who was convicted of assault with intent to rape by the Coosa Circuit Court, had his sentence was done for Henry Johnson. who was convicted of murdering Alice Robinson and sentenced to thirteen years by the Chiffon County Circuit Court.
 Walter Ned alias Spring Frog" of Mobile County, had his sentence of f1f- teen years affirmed for the murder of Richard Pugh.
 The Supreme Court also affirmed a judgment for $700 against the Southern Railway in favor of Thomas M. Bran yond, of Fayette County, who was bad of that road December 3, 1903, between Kennedy and Fayette.
 Full List of Opinions.
 The list of opinions handed down yes- terday was as follows:
 N. P. Renfro, ct al. vs. A. B. Tar brough, appeal from Lee Chancery
 Henry Johnson vs. State. appeal from Chiffon Circuit Court; affirmed.
 Greenwood Ligon vs. the State of Alabama, appeal from Mobile City
 Bob Watts vs. the State of Alabama, appeal from Marshall Circuit Court; af- firmed.
 Vs. H. T. Langston, appeal from Birm- ingham City Court; reversed and re-. manded.
 M. NJ. Sweet vs. Birmingham Rail- Jefferson Circuit Court; affirmed.
 Jake woodall, vs. the State of Ala bama, appeal from Elmore County
 Robert Baiies, ct al. vs. w. T. Daily. ct al. appeal from Limestone Chancery Court; affirmed.
 Frank Richardsos. vs. the State. of Alabama, appeal from Jefferson Grim inal Court; affirmed.
 Martha M. Trott, administratrix, vs. Company, appeal from Birmingham City Court; affirmed.
 D H. Riddle vs. McLester- -vanHoose Company. appeal from Birmingham City
 Ingram & Goodwin vs: J. H. Gill, ap- peal from Bessemer City Court; re- versed and rendered.
 Company vs. Alex Dunlap. appeal from Jeffersor Circuit Court; affirmed.
 H. W. Baggett vs. Lucy Mason, ap- peal from Bessemer City Court; appeal
 State of Alabama vs. Chc -ley Cous- ton, appeal from Fillmore Pr 'te Court: order discharging petitioner on writ of habeas corpus reversed and petition
 L.. M. Jordan, ct al. vs. W. F. Sim mons. appeal from Covington Circuit
 W. E. Fie61ing vs A: J. Leverett. appeal from Pike Circuit Court; af-
 A. K. Peacock vs; Cash Kirkland. Court: appeal dismissed.
 E. E. Forbes Piano Company vs. A. l.. Wilson. appeal from Coffee Circuit
 J. F. Garrison vs. W. L. Kimbrough, | appeal from Marengo Circuit Court; af- III Waiter Ned vs The State of Alabama. appeal from Mobile City Court; affirmed
 Sears, Roebuck & Go, vs. J. N. Mar l tin, appeal from Birmingham City Court; affirmed.
 Dowdell, J.:
 Tommie Walton, pro ami, vs. Lindsey Lumber Company. appeal from Escam- hia Circuit Court. affirmed.
 The Fraternal Union of America vs Callie A. Zlglar. appeal from Butler Circuit Court; reversed and remanded
 R. M. Jenkins, Administrator vs. Henry Clisby. ct al, appeal from Bir-
 BenJamin F. Thomas, administrator, vs. sloss-shefield Steel and Iron Com