The Birmingham age-herald., 1906-02-03
RECORD OF COURTS

The ease of James Kirby charged with
 the murder of John Fuller at the No.
 Pratt mines, some months ago, occupied
 all the time of the first division of the
 criminal court yesterday, and did not go l to the jury until late in the afternoon. ' In the course of the trial Kirby testi-
 fled that when he fired the shot which
 caused Fdller's death the latter was
 reaching for pistol. He testified further
 that previous to the shooting Fuller had struck him in the face. breaking the bridge of his nose and causing perma-
 nent injuries. leaving a scar After the | shooting he said he was attacked and shot by some of Fuller's friends. All the persons at interest being white, the case attracted unusual attention
 around the court house. The prisoner was
 represented by Attorneys Robert Smith, i W. J. Wynn and Judge Gaston. | The Jury in the first division of the | criminal court brought in a verdict of guilty of murder in the first degree in | the case of Ike Williams and fixed the
 punishment at imprisonment for life. This is sentence day in the criminal court. and in both sections sentence will | be passed upon prisoners convicted dur | ing the present week The prisoners will
 start serving their terms of imprisonment as soon as the mine guards come for | them.
 Judge Ferguson yesterday handed down
 a judgment in the case of J. B. MeWil- | Hams vs. the city of Ensley, declaring | the act of the legislature entitled. An
 act to alter and rearrange the bounda-
 ries of the city of Ensley'" unconstitu- tional. Considerable interest attached to | this case on the part of residents of
 Ensley and the district brought into the corporation limits of that city by the | act.
 An interesting suit to settle and deter mine the proper person or persons who
 are to be recognized as the beneficiaries
 of an insurance policy was filed in the l chancery court yesterday by the Aetna
 Life Insurance company of Hartford, Conn.,. against Della Key Thomson, An
 nie Clifford Matte T. Royster, Abner | o. Woodworth, Bettie T. Brownlee, Anna T. Cecil and w. T. Berry. All are resi-
 dents of Birmingham, except Abner P. | Woodworth. whose residence is given as Robinson. H., and Bettie T. Brownlee,
 who is said to live in Livingston, Ala.
 The company recites in the bill that | John M. Thomson, who died September | 18 1905. carried life insurance policy l for $5000: that he was twice married; | that there are living several children
 by the first wife; that no children were | born of the second marriage, that the
 second wife is still living, and that all
 the defendants named have made claims against the amount due on the policy
 wherefore the company preys that the | court settle the controversy and name the
 proper beneficiary or beneficiaries. l A decree was handed down in the city
 court yesterday removing the disabilities
 of homage from William Warren Hol- | den.
 | Judge Ferguson yesterday handed down
 a decree in the city court confirming the | report of the register relative to the | case of the Avondale Steam laundry. The
 report dealt with the recommendations 1 concerning the amount of fees for the
 receiver and attorney, and to the determi-
 nation of the identity of the preferred
 creditors.
 l A Judgment for the defendant was rem | dered in the case of J. w. McClain vs. | Mrs Pauline R. Harrison, in the city
 court yesterday.
 The jury in the first division of the l city court yesterday morning brought in
 a verdict awarding damages in the sum of S75O to the plaintiff in the case of | Oscar Skelton vs. the Birmingham Mining
 and Contracting company.
 A verdict for the plaintiff was brought | in in the city court in the case of J. P. Higginbotham vs. J. T. Miller, and $lO was awarded.
 The following new suits were filed in
 the city court yesterday:
 ! Sophia McSpadden ct al vs. the Louis I vile and Nashville Railroad company,
 damages to the extent of $S000o. The peti- | tion alleges that William Hollis was kill | ed by train of the defendant company | January 16. 1906
 S. w Wilson vs. the Birmingham Rail- | way, Light and Power company, dam- l ages to the extent of $2O,000 The peti- | tioner alleges that he was a passenger on | one of the defendants cars, which was run into by railroad train at Thirteenth | street and Ninth avenue, December 20, ] 1905 because of carelessness and negli- | gence on the part of the defendant com pany and it's servants and employees. He | alleges further that he was seriously,
 painfully and permanently injured and prays the court to grant him the relief for which he asks.
 Bills of exceptions are already being | filed by Birmingham attorneys prepara- 1 tory for the approaching session of the