The Birmingham age-herald., 1906-06-15
EXECUTION DAYS
 ARE SET FOR TWO ISiah Gordon and RObt. |. Dix
 Must Die ATTALLA CASE REVERSED A. G. s. Has Contract to Use City Water and the Southern Was Sharing the Same Privilege. 

Montgomery, June H.-(special.) )-The supreme court has set execution days for two convicts who are to dis as a result of crime and failure of the higher tribunal to give any relief. The only thing between them now and death on the gallows is the pardonlng power of the chief executive. The two cases are as follows:
 Isiah Gordon, Macon county, murder of Frank Foot, hanging day, August 3; Robert L. Dix, Jefferson county, hang ing day, August 3. In both eases the day set by the lower court for execution had passed and new dates had to be made Dix killed Bert Pesnell in Jefferson county
 The case of Thomas Stevenson of Mon roe county, was reversed and he will have another chance to escape the sen tence of 31 years fixed by the lower court. It is held by the supreme court that it is question for the jury whether the expression and demonstration of the de- ceased were such as to justify the belief on the part of the defendant that his life was in imminent peril Stevenson killed a man known as Judge Askew.
 In reversing the case of John Sanders of Monroe county, given sentence of ten years for assault on a woman, the supreme court holds that an attempt to compromise Is not an admission of guilt necessarily. It may simply be a move ment for peace.
 Joe Mitchell of Butler county will have to begin at once a sentence of ten years for killing man named Nelson Womack.
 A very pretty case comes up from At talla- The Alabama Great Southern rail- way had a contract to use city water for so much money. The Southern railway used from the same tank. Effort was made to have the Southern railway pay also. It was held that the Alabama Great Southern was paying 1t had a right to let the other line use the water, and this view was taken by the lower court. The supreme court, however, believes that there Is justice in the claim of the city for pay for the water used by the Southern and sends the cause back for new trial
 Decisions Today.
 The supreme court handed down de- cisions in the following cases today:
 Weakley, Chief Justice:
 Western Railway of Alabama vs. John D. Mitchell, appeal from Montgomery city court; affirmed. Tyson, Justice:
 Kelly & Middleton vs. D. M. Horseley, appeal from Jefferson chancery court; ap- peal dismissed and writ of mandamus denied.
 Klder Outlor vs the state of Alabama, appeal from Covington circuit court; af- firmed
 James Collock vs. the state of Alabama, appeal from Mobile city court: affirmed.
 Charlie Davis vs. the state of Alabama, appeal from Dale circuit court; affirmed.
 Simpson. J.-Joe Mitchell vs. the state of Alabama, appeal from Butler circuit court affirmed.
 John Sanders vs. the state of Alabama, appeal from Monroe circuit court; re- versed and remanded.
 Tom Stevens vs. the state of Alabama, appeal from Monroe circuit court; re- versed and remanded
 Isaiah Gordon vs. the state ol Alabama appeal from Macon circuit court; affimed. The day of execution having passed Fri day. the Sd day of August, 1906, Is fixed by this court as the day for the execu- ton.
 Laura Fowler. ct al vs Irene Prichard, ct al, appeal from Mobile circuit court i; affirmed.
 Anderson, J.-South and North Alabama Railroad company ct al. vs. Henry B. Gray ct al. and Henry B. Gray ct al. vs. South and North Alabama Railroad com pany (cross appeal), appeals from Mont gomery city court. reversed and rendered on original appeal and ahmed on cross appeal Weakley, c. J., not sitting.
 Southern Railway company vs. city of Attalla, appeal from Gadsden city court; reversed and remanded.
 Eagle Iron company vs. Jack Baugh, ap- peal from Marshall circuit court reversed and remanded
 e c. Harris vs Richard L. Stephenson.