The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-01-18


second division number of misdemeanor
cases were tried. but several cases went
over. This has been the rule in other
divisions since the present term OF court
started and the clerks say the practice
Will doubtless continue to the end. be-
cause Of the mass of cases on hand.
The following cases are. on the docket
of the first division of the criminal court
for today:
jim walker. sr. murder; George Rem
age, robbery.
The docket for today in the second di-
vision of the criminal court contains
the following cases;
Woods Thomas, vagrancy; Woods
Thomas, abusive language; w. A. Chap
pei, petit larceny; G. f. Lyle, petit lar
ceny: Tom Williams. petit larceny;
Charles Haines, assault with a weapon;
Charles Haines. carrying a concealed pis-
toll; Minnie Parker, abusive language; ].
d. Stapleton, ARRAY; Joe Dunn, assault
with a weapon; William Smith, assault
and battery; Fannie Smith, assault and
battery; Sarah Wellborn, defamation;
Henry Davis, petit larceny; Pete Law
less, abusive language.
The case of Nancy Ann Moore VS.. the
Atlanta and Birmingham Air Line Rail
road company is still on trial in the
circuit court. 1t mas occupied the atten-
ton of the court since the beginning of
the week, but will most likely be con-
cluded today.
The case is a damage suit the plain
tiff praying that she be awarded the sum
of $50. 900 for the death of J. A. Moore. at
Roper, Ala According to the petition,
Moore was driving a hog along the road
and was attempting to keep the hog from
the railroad track when a train struck
him and the animal, killing both
Originally suit was entered for dam
ages for the death of Moore and also
for the death of the hog, but amended
petitions resulted in two distinct suits,
the one now on trial and another for sol
for the death of the hog.
Other business transacted was as fol-
lows:
win Duncan VS.. the Southern Bell Tel
ephone and Telegraph company; Judgment
by consent for plaintiff for $50.
Dixie Furniture and Supply company
VS.. the st. Paul Fire and Marine lnsur-
ance company; dismissed.
The following new suits were filed in
the circuit court yesterday:
Birmingham Dry Goods company VS..
the Alabama and Mississippi Coal COM
pany, ct al, $500 damages.
Isaac Joseph Iron company VS.. Hoffman
& Mcneil. $1,000 on alleged breach of
contract
Henry Alley, pro ami, Mrs. Laura Az
lev. VS.. the Alabama Great Southern
Railroad company $500 damages. Plain
tiff alleges he was injured while employed
as a switchman by the defendant COM
pany at Bessemer June "a 1900
The following cases are on the docket of
the circuit court for today:
Dta1af
way. Light and Power company; Il. w.
Williams. administrator vs.. the Louisville
and Nashville Railroad company; Q. M.
Wright pro ami VS.. T. l.. Moses; 70. Ii.
Andrews VS.. John d. Dwyer.
b. Frank Yoe was present In the Sec
ond division of the criminal court yes
terday in answer to capias which had
been issued against him Tuesday, for fail
ing to answer to his name when 1t was
called. Voc is under indictment for abusive
Language. The court announced THAT the
capias would be dismissed upon the pay
mont of costs by the defendant. The case
will be reset for a later date.
Robert Watts, white man from. Mar
shall county, who is held at the county
Jail here. and who had been sentenced TO
be hanged for murder February 8, VIII
be sent to Tuscaloosa today or tomorrow,
~HN%D
Governor has forwarded to the sheriff
copies of the papers In the case, in which
he reprieved Watts and ordered that he
be kept at the state insane asylum until
a. proper court of justice could determine
as to his sanity.
Watts has already been examined by
several physicians at the instance of Gov
ernor Jelks, and these men have decided
that he Is not mentally capable of diff
fr1or "a right and wrong The
Governor has not announced which court
will conduct the examination, although 1t
is believed here that Probate Judge s. r.
Greene will have charge of the matter.
The case of e. L. Hayes VS.. the Bir-
mingham Railway, Light and Power COM
pany is still undecided in the second divi-
sion of the city court
A verdict was brought in by the jury
of the first division in favor Of the de-
PENDANT in the case of Dave Holmes VS..
the Woodward Iron company.
The case Of William Dawson vs. the Biz
mingham Railway, Light and Power COM
pany was taken up in the first division
yesterday, and is not finished. 1t will be
resumed this morning.
The following cases are on the docket
In the first division of the city court for
today
Lewis Whaley VS.. j. C. Richards; J. b.
martin VS.. Vaughan & Sons ct al; Panama
Coal and Iron company VS.. Atlanta and
Birmingham Air Line Railroad company;
Central of Georgia Railroad company VS..
Railroad Compress company ct al.
Second Division-R. M. Jenkins Lumber
company VS.. j. j. Vilderbill; Mary Finch
vs. Birmingham Railway, Light and
Power company; Eula Morris VS. the Bir-
mingham Railway. Light and Power COM
pany; North Birmingham First Baptist
church VS. the Birmingham Belt Railroad
company; Mrs. ". A. Green vs. Tennessee
Coal, Iron and Railroad company.
The following new suits were filed in
the city court yesterday:
II. C. Hatcher, Jr., by his next friend,
II. c, Hatcher, Sr., VS.. Sloss-Sheffield
Steel and Iron company. The petitioner
prays for damage to the extent of $50 900,
alleging that he was permanently disqual-
flied from earning a livelihood because
of injuries received October % last while
he was employed by the defendant com
pany. The petition recites that plaintiff
was at work at No. l ore mine, when a
car struck him, causing one leg to be am
putated and infiicting other injuries.
II. G. Wray VS.. the Birmingham Rail-
way Light and Power company, damages
to the extent of 5000, for alleged cutting
off OF light service in plaintiffs store in
Second avenue, causing loss and annoy
ance to plaintiff
William II. VARIES VS.. Harris Transfer
and Warehouse company. damages to the
extent of 5000 for injuries alleged to
have been received while plaintiff was
employed In one Of defendants ware