The Birmingham age-herald., 1906-06-14
WALKERS APPEAL
 COMING UP TODAY Supreme Court Will Hand
 Down Decision CHARGED WITH MURDER T. L. Finney Is Refused Damages AL legged to Have Been Sustained By
 Moving Into House ln-
 fected With Disease.
CHARGED WITH MURDER

Montgomery, June 1S.-( (Special) supposltion on the part of the newspaper men yesterday that the action of .he su- preme court in permitting the submission of the appeal of Henry Walker would pass the determination of his case to the next term of the court was an error The facts are that the result Is just the op posite. The appeal will be submitted to- morrow. and the court will hand down an opinion this term. It must do this or call special term of the court for it's settle ment.
 Walker Is under conviction and sentence of death in Walker county for the mur- der of Mrs. Maggie Dickerson in March. 1905, the details of which crime the public fully knows. When his appeal came up a few weeks ago the attorney general moved its dismissal on the ground that 1t was not properly brought up. The su- preme court held to the contrary, and ruled that it was entitled to be heard. Therefore. the attorney general will sub init the cause at the regular Thursday criminal hearing, and 1t will be settled before the end of the present month
 DamageS HefuSeo.
 An interesting suit was decided today, in which T. L. Finney of Madison coun- ty was refused damages from w. R. Steele, on the allegation that the latter rented him house that was infested with disease, and as a result his little daughter became ill. He sought 5000. The lower court was affirmed. Before Finney of lot prevailed. After his removal to it his little daughter contracted the disease, though she recovered. The evidence showed that after the fever patient in the first instance recovered the house was fully fumigated by an expert nurse and physician.
 A town controversy came up from Hancevlle in the ruling of the chancery court against citizen who desired to prevent the town in any way paying to- ward the district school. To meet objec- tions to the use of town money for the district school the authorities rented a part of the school house. Effort was made to prevent this but failed. the chancellor throwing the case out and the supreme court agreeing thereto.
 In the case of Harvey Hughes, from Houston county. the court holds that it is an indictable offense to present firearms at a man and sustains the fine of $25 im- posed by the circuit court.
 Joseph Huggins gets another chance to secure damages from the Southern rail- way for injury at Bessemer. but Gus King loses out in a suit In the Birmingham city court against the same line.
 List of Opinions.
 The supreme court handed down opin- ions in the following cases today:
 Weakey. c. J.--Harvey Hughes vs. the state of Alabama, appeal from Houston circuit court; affirmed.
 Tyson, J.-F A. Gillispie ct al. vs T.. M Gibbs ct al, appeal from Cullman chancery court: affirmed.
 Sloss-Sheffield Steel and Iron company vs. Sol Smith, appeal from Birmingham city court; appeal dismissed.
 Simpson, J.--Thomas l.. Finney vs. Wal ter R. Steele, appeal from Madison circuit court; affirmed.
 Julia Greer ct al. vs. T. s. Herren, appeal from Tallapoosa probate court; reversed and rendered
 Anderson, J.-Gus King vs. Southern Railway company. appeal from Birming- ham city court: affirmed.
 Joseph Higgins vs. Southern Railway company, appeal from Bessemer city court; reversed and remanded.