The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-03
RECORD OF COURTS

A mistrial was entered in the records
of the circuit court yesterday afternoon
by Judge Coleman. in the case of Rachel
Nelson VS.. the Alabama Steel and Wire
company.
The case was on trial exactly one week
in the circuit court and the order of mis-
trial was entered only after long and at
times somewhat heated argument on the
part of the attorneys for the two parties
interested The argument started about
o'clock in the afternoon, and continued
nearly two hours, before Judge Coleman
announced his decision.
Particular attention was attracted to
the case because 1t was the first of nearly
200 damage suits to be tried as a result
of the disaster at the Virginia mines
about a year ago, in which Ill miners
lost their lives.
The case was called for trial last Fri
day, February %, and for several days
the entire time of the court was taken
up in pleadings, of which fifty-two were
filed and entered on the records, and in
demurrers, of which there were many
score. The number of pleadings is said
to have established a new record in the
circuit court
There were many witnesses summoned
to give testimony at the trial, and in adj
dition to this there were many persons
in attendance at the trial who were in
terested in this and other cases of the
same nature. A full jury of twelve men
had been tied up on the case since Sat
rda Iac CT oil in oil 10 Inns tad
roughly, that the costs of the weeks
trial will be $1,000 or more. Witness fees
alone are said to have aggregated more
than $500 for the week.
The order entered by Judge Coleman
was made necessary by the fact that the
fall term of the circuit court in this
county expired by limitation at midnight
last night. Although there will be an adj
journed term of the court beginning Mon
day, it was decided by Judge Coleman
THAT it would be illegal and improper
for the case to be carried over to the
adjourned term. hence the decision to
close the trial and to place the case back
on the records to be reset. The case
now stands exactly as 1t did before it
was called for trial, except that the
pleadngs stand as entered on the records.
Judge Colemans order reads as follows:
ut being manifest and made known
to the court that it is impossible to con-
sumo this cause at the present term, and
the term of this court being nearly
expired, a mistrial is directed
The adjourned term of the circuit court
will begin Monday morning al 10 o'clock,
with Supernumerary Judge Aston on the
bench The docket has been ready In
printed form for several weeks, and
arranges for non-jury civil cases the first
week and for jury civil cases the follow
ing two weeks. Only civil cases will be
heard at this adjourned term.
The order directing the holding of this
adjourned term of the circuit court was
handed down yesterday afternoon by
Judge Coleman, and was as follows:
1.-THE State of Alabama-Jefferson County.
There being a failure to dispose of all
the business of this, the circuit court of
Jefferson county, Alabama, therefore, I.
A. A. Coleman, presiding judge of said
circuit court of Jefferson county, Ala
bama, and of the Tenth judicial circuit
of Alabama (Which said circuit includes
said county of Jefferson) do hereby adj
journ this, the said circuit court of said
county to Monday the 9Th day of March,
1906. at which time I do hereby order and
direct tndt an dulOuIneu leIH Oh InS
court shall be held. at the court house
of said county and state, in Birmingham.
said adjourned term commencing on said
Monday, the 9TH day of March. 1906. at 10
O'Clock noon. and ending on and including
the oath day of March. 1906, said adjourn
ed term being a continuation of this the
regular term of this court. and ordered
held under section 917 Of the Code of Ala
bama of 1896 1t is further ordered that
only civil cases be tried at this adjourn
ed term, and further ordered and adjudg
ed that this order shall be due notice of
said adjourned term.
"Given under my hand. at the court
house in Birmingham. county and state
aforesaid on this the I'd day of March.
A. D. 1906 A A. COLEMAN.
Judge of the Tenth Judicial Circuit of
Alabama. which Circuit Includes the
County of Jefferson"
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