The Montgomery advertiser., 1906-03-18
Witness Was FlDed.


 Becaue he failed to answer his name when called as a witness in the case of the State against Charley Kelley, negro charged with the murder of another negro, Edward Tutwiler one of the officers of the Tutwiler Coal and Coke Company, which has large plant at Short Creek was given condition al fine of st00 by Judge Weaver in the criminal court today. The judKmsnt was rendered on motion of the attorney for the negro, Kelley, who was convicted and sen- It was one of the first judgments Of the kind ever before rendered by any judge of the criminal court. and is based on certain sections of the penal code
 It was sentence day in the criminal court and immediately after Kelley was brought before the bar and given term of forty years, Curtis S. Shugart. his attorney made a motion to have Mir. Tutwiler fined for contempt. The attorney claimed that Mir. Tutwiler's testimony might have been of great assistance to the convicted man.
 The motion follows:
 The State vs. Charley Kelly. March IT.. 1906, comes the defendant in the above styl- ed cause and shows to the court that Ed Tutwiler. material witness in behalf of the defendant was duly summoned to appear in criminal court of Jefferson to give evil dence in behalf of the defendant. and the said witness having been in attendance up- on said court left the court room before said case was called without the consent or procurement of defendant, and without the knowledge of the defendant at court, and the defendant moves the county to render a conditional judgment for s10O in favor of Charley Kelley. the defendant as author ized by section 52s4 of the penal code of Alabama. and that unless the said Ed. Tut wller appear and give good and sufficient reason why he did not obey the orders of the said court then said judgment be made absolute against the said Ed. rutwiler provided for by section 5295 of the penal code of Alabama.
 CURTIS S. sHUGART.
 Attorney for Defendant After reading the motion carefully, Judge Weaver made the following order;
 Judgment nisi hereby rendered against Ed. Tutwiler as prayed for in the above mo
 "s. L. WEAVER. Associate Judge of the Criminal Court.
 March IT. 1906."
 Copies of the motion and the judgment will be served upon the defendant. Mr. Tut wller, and he must appear in court three days before the next term and make a sat- isfaetory excuse; otherwise. according to the law, as held by Judge Weaver the tndg- ment will be made absolute The proper papers will be furnished the sheriff by the clerk of the criminal court
 Photographers to Meet.
 The local photographers have completed all arrangements for the second convention of the Southern Tri-State Photographic As sociation which will be held in Birming- ham commencing Tuesday and continuing for four days.
 At a well-attended meeting held last even ing the final details were gone over and the various committees named some time since made reports as to arrangements for the convention,
 Advices have been received from large number of photographers in the territory embi aced in the association and from other points and the indications are that upwards of $50 to 400 photographers will be here
 The convention proper will be held in the assembly room of the city hall on the third floor. The exhibition which will be eiab- prate as we'll as interesting. will bs made in the armory Already a lot of material for the exhibition has arrived and will be placed Monady and will be up in plenty of time for the opening session of the conven- tion.
 The railroads have made a special rate for the convention and hotel accomnoda-