The Birmingham age-herald., 1905-11-16
CORNELL CASE ID
 BE CALLED AGAIN Has Been Reset for January b
 at ReSsemer
 WILL ARGUE PETITION Workmen on Southern Railway Grade
Workmen on Southern Railway Grade Are Said to Have Torn Up Track of Birmingham Railway,
 Light and Power Co.

Bessemer, November 5,-(Special,) )-The case of the state against T. J. Cornwel, who is charged with the embezzlement of funds from the Bessemer Savings bank about two years ago, has been set for trial in the Bessemer city court January 15. 1906.
 The case to be tried Is the second of fifteen indictments which were originally returned against Cornwell. On the trial of the first case about year ago the de- fendant was found not guilty. When the second indictment was put on trial about month ago a plea of former jeopardy was made and on the trial of that plea the jury failed to agree on verdict and mistrial was recorded. This necessita- ted the resetting of the case, which was done today.
 When the case is called again January 15. it is very probable that the same plea of former. jeopardy will be filed and the same fight will be made before jury as was made in the former trial some weeks ago.
 Captain Frank S. White of Birmingham and Attorney W. K. Smith of this city represented the defendant. State Solicitor l.. D. Godfrey is assisted in the prosecu- ton by Attorney Pinkney Scott of this city The case has attracted considerable attention over the state and the final dis position of the charges will be awaited with interest.
 The Bessemer city court finished up the calender for the week this morning and adjourned until next Monday, when the non-jury civil docket will again be taken up for the trial of cases set for the week. The grand jury will also reconvene next Monday and will possibly remain in ses- sion for week or ten days.
 To Argue Case Saturday.
 The petition for injunction filed several days ago by J. L. Pike and others Of Brighton against the Jefferson county board of education and Prof. B. F. Crump, superintendent of the public schools at Brighton. will be argued before Judge Charles N. Ferguson in the Birmingham city court next Saturday morning at 10 o'clock
 The petition seeks to enjoin the county board of education form employing Pro lessor Crump as principal of the Brighton schools, and also from paying him sal ary for such services from the state school fund.
 The fight has grown out of the conten- i ton that Brighton is, under the new school law a separate school district and should be allowed to handle it's own funds | for school purposes and also have the right to elect it's teachers and have full | control of the school Independent of the l county board.
 The petitioners are represented by Att 1 torney Pinkney Scott of this city, while 1 the respondents are represented by Attor- ney John H. Miller of Birmingham. 1 The case involves some very fine points of law and its final decision may greatly effect the entire school law of the state.
 Railway Fight Imminent. 1 From operations observed at Nineteenth | street and Thirteenth avenue today fl is very evident that the Birmingham Rail way, Light and Power company and an- other line, said to be the Southern Rail way company. are on the verge of legal battle of no small proportions. | Several months ago road believed to | be the Southern built a grade from Mo- | bile junction to some point near Ensley crossing Nineteenth street at Thirteenth ! avenue in this city. The track had not | been laid up to a few days ago. l About two weeks ago the Birmingham | Railxiy, Light and Power company built | a line from the main line of their road | at Nineteenth street and Twelfth avenue | down Nineteenth street in the direction | of the United States Cast Iron Pipe and | Foundry company's plant. l A few days ago q force of men was put to work on the railway grade laying track. It Is said that the ties of the Birming- | ham Railway, Light and Power company | at the point where the two roads cross on Nineteenth street were today torn away. a track laid across the street and an engine run over the new spur.
 Tuesday Card Club. 1 The first meeting of the Tuesday Card | club held at the Elxs hall last night was a great success and was greatly enjoyed | by all present.
 l The following officers of the club were elected at last nights meeting: Mrs. J. l s. Winters. president: Mrs. R. r. Smith vice president. and Mrs. G. l.. Van Trump secretary and treasurer.
 Notes and Personals. | At the regular monthly meeting of the | school board held last night at the city | hall it was decided to dismiss the schools | of Bessemer at noon November 90 for | Thanksgiving. It was also decided to dis miss Thursday December 2l. until Janu- ary 1, for the Christmas holidays.
 The Epworth League of the First Meth odist church will give a special entertain 1 yzxxu,r