The Montgomery advertiser., 1905-07-17
Advertiser Bureau.
 NTokilA Julv 16


 ..we. the jury, find the defendant ruflty of 'manslaughter in the hrst de- gree, and fix the penalty at one year in the penitentiary.' This was the verdict of the jury in the case or .he State. of Alabama versus John Ellis, in- dfcted for murder and tried on Monday and Tuesday last in the City court oe- fore Hon. O. J. Semmes.
 The jury reached a verdict at o'clock this evening, after being In the box from Monday at Il o'clock, ana having had the case for five.days ana nights. The verdict was a acompromnse. When the Sheriff was notfned that verdict had been reached. he at once notified Judge Semmes and Attorney McAlpine. of the defense, and instruct- ed the county tailor to bring the pris- oner into court. Ellis and his attor- ney reached the court room at 1:So, put the Judge was a little later in arriv- ins. "a, He at once ordered the Jury brought into court and as the CLOCK was striking eight the jury took their seats.
 The clerk of the court was absent, but by consent of the defence the court read the verdict, which was signed by Juror~Penny as foreman. After read ing the verdict, the court asked tne usual question: 50 say you all. gen tlemen of the jury" and receiving the afirmative answer the verdict was so recorded. Attorney McAlpine. on be- half of the defendant, thanked the jurors for their verdict, and apologized for the long stay they had had in the jury room. He spoke for about three minutes. Judge semmes then, as a matter of justice to himself, explained shis attitude in reference to the many notes he had received from the jury re- auesting to be discharged. He stated that had he released them without the consent of the attorneys for the defence the prisoner would have been entitled, under the law, to an acquittal. Judge Semmes then called the attention or Attorney McAlpine to the fact that not withstanding the jury had fixed thet erm of imprisonment in the penitentiary, and the fact that a man could not De sent to the penitentiary for one year, the verdict was a good one. The pris- oner would either have to be sent to hard labor or be remanded to the coun- ty iaiI for one year. The explanation was acceptable to the defense. After the court had adjourned John Ellis shook hands with each of the jurors and thanked them for their finding. The verdict was eminently satisfactory to the prisoner, his son and his partner. both of whom were present in court. The jury in this case broke the record for the entire period of thirty years of Judge Semmes's service on the City Court bench in a capital case.
 Judge Samuel B. Browne had pe- culiar experience yesterday in his court, which was somewhat disappoint- ing in it's nature, so far as he was concerned. The judge has been work ! ing hard since occupying the bench in an earnest effort to clear up the accu- mulated cases. To this end. at the ex- piration of the regular court term he called a special term, with the view Of giving litigants an opportunity to ap- pear for hearings of their causes. Con- siderable of the business was disposed of and during the latter part of last week Judge Browne announced that he would adjourn the special term yesterday. This announcement was brought about through the judge be- coming indisposed.
 After having declared his purpose to adjourn the special term sine die yesterday Judge Browne found that he could not do this. A statutory pro- vision prohibited such action. This necessitated a recall of the announce ment of adjournment and the court will continue to grind. tomorrow being motion day.
 An evidence of the fact that Judge Browne has been a busy man since his
  the following information obtained from the Clerk of the Court: Judge Browne was inducted into office No- vember 24, 1904. His court has been in continuous session since that time. except for, perhaps a few days. when illness prevented him from occupying the wool sack and because of death in his family and the demise of Circuit Clerk Jackson. Four weeks of this taken in Baldwin and Washington counties, during which. in the two courts, he disposed of nearly 400 cases, either by litigation or hav- ing taken them from the docket be- cause of settlement out of court.
 In the Mobile Circuit Court. as many more cases have been cleared from the docket. The layman would imagine that If the judge could dispose of 400 cases in two counties in four weeks he would naturally get rid of many more in the time from November 24. 1904, to July 15. 1905. less the lost time mentioned and the four weeks occu- pied in Baldwin and Washington. but the clerk stated that most of the cases disposed of in the local court were se- riously litigated. requiring much time. Then, too, every Monday in the local court Is known as motion day The only cases on the motion docket at present are new ones, not yet set down for hearing. there being only few. comparatively speaking. yet placed on the trial docket for hearing with dates.
 Ben Davis, an unknown white man, died at the city hospital early this morning. His slayer, a negro named John King. is in the County jail, with a pistol shot wound through his right shoulder
 The shot which ended the career of the white man entered his abdomen and was intended for Policeman Fay Tor or hts partner. Policeman Schenier, who were after King. Tho negro had committed an offence and the officers had chased him up Conception to Ma rion Street, in the neigkborhood of what is known as the "Oil Row." This was just before midnight. When the officers got too close on King he be- gan pumping lead at them with a pis- tol.
 The officers began exchanging shots with the negro Suddenly they were brought to a halt through one of the negro's shots striking Davis, who hap pened to be in that vicinity. King got away while the officers were giving their attention to the wounded white man. He went towards One Mile Creek swamp. The officers telephoned for the ambulance and informed headquar- ters of the shooting and the escape of King.
 The county jail was notified. and, as soon as possible Deputy Tom Murray. with the dogs, met Deputies Cherry, Tom Powers and McCarron. They went to the scene and the dogs soon struck