The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-02

RECORD OF COURTS

The case of Rachel Nelson VS.. the Ala
bama Steel and Wire company continues
on trial in the circuit court, and as each
day passes there appears less reason to
expect the trial to be completed by Sat
urday evening.
The case is the chief subject of con-
versation among attorneys In and around
the court house, especially as to the prob
able action of Judge Coleman should the
case be incompleted by Saturday. The
consensus of opinion is that the two weeks
which will have been given over to the
trial of the case by Saturday, will have
been spent in vain, inasmuch as the or
der of a mistrial will in all probability
be entered on the records of the court.
The peace and dignity of Judge Senn's
division of the city court was rudely and
suddenly disturbed yesterday morning
when two we'll known attorneys. Sam
VIII John and George Huddleston came
to blows over certain statements alleged
to have been contained in a legal docu-
ment filed in the court.
From what could be learned of the af-
fair, it appears that some time ago
suit was entered by Attorney Huddleston
for certain clients against a corporation,
in which certain allegations were made
that were expressed in strong terms. At
torney John filed an answer on behalf of
the defendants, and in this answer 1t
was alleged that the Charges were false
and were known to be so by the plaintiffs,
the further allegation being made that
the charges were made maliciously.
During the session of court yesterday,
Attorney Huddleston is said to have ap-
preached Attorney John and asked IL he
was personally responsible for the state
ments made in the answer. When Attor-
ney John answered it in the affirmative,
it is alleged he was struck by Attorney
Huddleston, and promptly retaliated in
kind. The court bailiff and other persons
nearby separated the two men, and Judge
Sem reprlmanded them and ordered them
to appear before him at o'clock.
Both men appeared before the bar of
the court at the hour named, and after
reprimanding them, Judge Sem an
nounced that he felt the dignity of the
of the court had been sufficiently upheld,
and ordered no further punishment. At
torneys Huddleston and John both ex-
planned their positions in the matter, and
each apologized to the court for the trou-
BILE caused and the indignity offered to
the bench.
The state yesterday mol pressed the
charges against j. d. Hitchcock, accused
of assault with intent to murder, and
Annie Thomas, indicted for burglary and
grand larceny, and the prisoners named
were discharged from the custody of the
sheriff
VIII Wilson was tried before Judge
Dan A. Greene on a charge of larceny
from a dwelling and was found not
guilty.
Lola Dawson charged with petit larceny.
was found guilty in the criminal court
and was sentenced to serve one hour in
Jail She will serve more time. how
ever, to pay the costs of the case.
Tom Sullivan and Ed. Cooper, jointly
indicted for burglary and grand larceny,
were granted severance and Sullivan
was placed on trial. The Cooper case
will be taken up this morning.
The preliminary examination of Matty
Robinson, Ed. Grady and Jesse Avery,
charged with the killing of Willis Will
Jams near Brookside last Sunday, was
held before Justice of the Peace Russell
yesterday in the court house and the
prisoners were remanded to await the
action of the grand jury in the matter.
The following business was transacted
in the city court yesterday:
Henry Bayer & Son company vs.. Keller
e. Rushing, verdict for the plaintiff for
$500.
Bob Ridley VS. the Southern Railway
company Judgment by consent for the
plaintiff for 5000.
Mrs Belle Heacock VS.. Flies & Son,
Judgment by consent for 5000.
The docket for the week in this court
being completed, the jurles were dis
charged.
Tomorrow is the last day of the fall
term of the circuit court of Jefferson
county, Monday and for three weeks fol-
lowing Judge Coleman will hold court in
Winston and Walker counties. beginning
in Winston. In the same period Super
numerary Judge Aston will hold an
adjourned term OF four weeks i'm Jeffer-
son county for the purpose of endeavoring
to remove from the docket some of the
cases now on the records. It Is believed
that the adjourned term will do much to
relieve the congestion of the dockets of
the court
The following new suits were filed in the
circuit court yesterday:
P. j. Gahan VS.. Thomas Tanner. The
plaintiff alleges that the defendant COM
mitted upon him an assault and battery
February a. 1908, and claims damages In
the sum of $500 therefor.
p. J. Gahan VS.. Thomas Tanner. The
plaintiff alleges that he was called
thief by the defendant in the presence
or various and divers and sundry per-
sons and he claims damages In the sum
of $1,000 therefor.
Wilbur e. Kelley vs.. the Birmingham
Railway, Light and Power company. The
plaintiff in his bill of complaint alleges
that he was assaulted by conductor en-
ployed on one of the cars of the defendant
company at First avenue and Twentieth
street and claims damages in the sum of
5000.
George w. Robertson VS.. the Birming-
ham Railway Light and Power company
The plaintiff claims the sum of $4,000 as
dc images for personal injuries sustained
as a result OF gross negligence aJIaoad