The Montgomery advertiser., 1906-04-29
CHURCH WINS
 REQUEST SUIT Supreme Ceurt Holds With Bishop Allen. WILL OF M0BlIAN VALID Negro Held Against Will is Given Given Civil Judgment. Limestone Court is Reversed in Case of Jehn M. Morris, ST., Convicted
 As Accessory ts
 

 of Aia.ama yesterday the Catholic Diocese of Mobile. through Right Rev. erend Edward P. Allen, Bishop of the Diocese, wins its suit in which con test of be 1uest to the church by the late Frederick Johnston of Mobile, was made by Frederick G. Brom- berg of Mobile and others.
 In his will the late Mir Johnston leit the bulk of his estate to the Cathonc Ntee. MT. Bromberg and other interest ed persons filed a contest Tn the ~Chancery Court of Mobile and after considerable legal controversy Cnancei- Tor Thomas H. Smith decided the con test in favor of MT. Bromberg ana HIS associates.
 From the decision of the l---. ,llor Bishop Allen appealed the case to the Supreme Court. The opinion handed down yesterday by the court was writ ten by MT. Justice Denson. The decls- ion reverses the Chancery Court and renders final decree in favor Of the church.
 Fifty three other opinions were hand ed down yesterday by the court ana a number of them were of public inter- est.
 Negro Gets Judgment.
 A case from the Limestone Circuit Court, affirmed by the higher court, bears resemblance to the peonage incl dents which were so much in the pub lie eye of Alabama two years ago. c. N Robinson and Company. are owners of w.at is known as F--Dinson Island a large tract of land in the. Tennessee river A negro. Adam Green, lclaimed that as an employe of the company he was sent to the island to drive some cattle to Decatur. In a suit for dam ages against the company he averred that when he reached the island he was forcibly detained by the overseer for the company and was required to work against his will for over year being chained in hut at night.
 In his l..l of complaint the negro held that he frequently complained to officers of the company; that there were no boats by which he could reach the mainland and that he was mistreatcd.
 A. jury in the Limestone county court gave the negro a judgbenut for $1,500. The comr my apccaied the case to the Supreme Court where the judgment of the lower court was yesterday affirmed in decision by MT. Justice Haral- son.
 In the case of Barciift against Fields from the Chancery Court of Blount County, the Supreme Court. in an opin- lon by MT. Chief Justice Weakley, af- firms the lower court in its ruling that where usurious interest is charg- ed no interest at all may be collected. f It was contended by the plaintiff that the defendant charged Is per cent in terest on a loan. Fy
 New Trial for Morris. John M. Morris, ST., prominent far mer of Limestone County, vino is serv- ing a sentence of eighteen months in the penitentiary. as accessory to a murder, will get a new trial. This was the decree of the Supreme court which, in an opinion by MT. Justice Denson, reversed the Limestone Cir cult Court and remanded the case for a second trial.
 Morris, 1t will be remembered. was convicted of being an accessory to the murder of Dock Grissam near Athens about two years ago. Grissam was killed by John Morris. Jr The treg- edy caused a sensation in North Ala bama It was enacted at a picnic in a rural district of the county and the principals were among the best known citizens of that section of the state
 Col. Sam Will John of Birmingham, one of the best known lawyers of the State, loses his claim for a fee by the decision of the highest court of the State in an opinion written by MT. Justice E. Denson. The opinion is an affirmation of the City Court of Sell ma in the case of John against the county of Dallas.
 Some time ago when the Board of Revenue of Dallas county raised the tax assessments of certain citizens they contested the raises. The State Tax Commissioner and the Governor employed Colonel John to represent the State in the courts where 9le c&ses were won by the State. Then Colonel John sued the county for fee of $106.
 The lower court held that the spec ial back tax law provided that law yer's fee must be paid out of the com missions of the Tax Commissioner and that special fees were not to be allowed This decision was affirmed.
 A full list of the opinions handed down yesterday $ as follows:
 Weakley, c. J.
 Robert Richardson vs. The State of Alabama, appeal from Marengo circuit court, reversed and remanded.
 Allie Barclift vs. A. E. sFields, appeal from Blount chancery court, affirmed.
 Haralson, J.
 Birmingham Railway. Light and Power Company vs. Bettie Jones, Ad- miniistratrix. appeal from Birmingham City Court, reversed and remanded.
 Birmingham Railway, Light and Power Company vs. Mary Moore, pro ami. appeal from Birmingbam City Court reversed and remanded.
 J. F. Hogue vs. Southern Railway Company, appeal from Gadsden City Court, reversed and remanded.
 Southern Railway Company vs. W. W. Hall, appeal from Marion Chancery Court, reversed and remanded.
 Clara E. Hooks vs. The Huntsville Railway Light and Power Company, appeal from Madison Circuit Court af- firmed.
 Irene Pritchard, ct al vs. Laura Fow- Ter, appeal from Mobile Circuit Court, reversed and remanded.
 David S. Nathan vs. Ellen F. St. John.