The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-19
RECORD OF COURTS


The following cases are on the docket
of the circuit court for trial today, but
will hardly be reached because of the
trial Of the case of Charles w. STREET.
VS.. the Peoples Home Telephone COM
pany:
Mrs. Laura c. Enslen, administrator.
VS.. Birmingham Railway, Light and
Power company.
]. L. Kelly VS.. Southern Railway COM
pany.
N. b. Stack VS.. Tennessee Coal Iron
and Railroad company.
Pinkston Mcqueen VS.. Birmingham
Railway, Light and Power company.
Jonas Schwab company vs. William
Schneider.
Walter F. Swanson, pro anil, VS.. De-
catur Car Wheel Manufacturing COM
pany.
T. f. Youngblood VS.. Alabama Brew
ing company.
A. Shugarman VS. A. j. Koplan.
Collins & Co. VS.. ]. A. Van Hoose.
Emma L. Tate VS.. Peter Znzers Nam
moth Furniture house.
The following cases are on the docket
of the city court, first division, for trial
today:
Brown Tucker VS.. Birmingham Rail
way, Light and Power company
Milton Noble VS.. Southern Railway COM
pany.
Harrison Earl vs.. seaboard Air Line
Railway company.
Jacob Crocker VS. Tennessee Coal, Iron
and Railroad company.
r. A. Lewis vs. Birmingham Belt Rail
road company.
Joseph Poggiani, administrator, VS.. Ala
bama Steel and Wire company.
Ben Williams VS.. Birmingham Railway,
Light and Power company.
II. w. COMA VS.. Walter Mcpherson
ct al.
David Williams, pro ami, VS.. Tennes-
see Coal, Iron and Railroad company.
The docket of the chancery court for
today contains the following cases:
Henry Holland vs. Leila Holland; Lula
Jones VS.. William Jones' Mary Anchors
VS. L. w. Johns; Lille Hundley VS.. r..
W. Williams. administrator Alice Catan-
zano VS.. II. F. DeBardeleben ct al; ID. J..
Flummer VS.. ]. F. McCary ct al.
A conditional fine of 500 was assessed
Saturday by Judge Weaver in the Grim
inal court against Edward Tutwier, ore
of the officers of the Tutwller Coal and
Coke company, In connection with the
case of Charles Kelly, negro who was
tried for the murder of another negro, and
who was found guilty and sentenced to
serve forty years at hard labor.
The case attracted unusual attention be-
cause it Is the first time such action
was taken when witness failed to an
swer in person to summons from A
court. Saturday was sentence day IN
the criminal court, and when Kelly was
= h. Ia,. TO lsa cn,ato ID he
attorney, Curtis Shugart, made the mo-
ton that the fine be assessed against Mr..
Tutwiler because of,his absence from the
trial, it being alleged that his testimony
might have been of great value TO tho
defendant in the case.
The motion in full was as follows:
'srhe State VS. Charley Kelly, March Il.
1906, comes the defendant in the above
styled cause and shows unto the court
that Ed Tutwiler, a material witness in
behalf of the defendant. was duly sum
moned to appear in criminal court of JEFF
ferson to give evidence in hehalf of the
defendant and the said witness having
been In attendance upon said court left
the court room before said case was
called without the consent or procurement
of defendant. and without the knowledge
of the Defendant at court, and the de-
PENDANT moves the county to render a
conditional Judgment for 500 In favor of
Charley Kelly the defendant, as auth
orized by section 1924 of the penal code
of Alabama. and that unless the said Ed
Tutwiler appear and give good and suf-
ficient reason why he did not obey the
orders OF the said court, then said judg-
nient be made absolute against the said
Ed Tutwiler as provided for by section
52e5 of the penal code of Alabama
Judge Weaver read the motion and then
handed down the following order in the
case:
Judgment nisi hereby rendered against
Edward Tutwiler as prayed for in the
above motion for the sum of 800
Sections 1894 and 1895 of the penal code
of Alabama. which were quoted as au-
thority for the assessment of the fine,
read as follows:
"Section 5294-Any witness who is sum
moned in a criminal case and who fails
to appear as commanded forfeits 500 to
the party at whose instance he was
summoned for which conditional judg-
ment must be rendered against him.
..Section 52S5-When a condition judg-
ment has been rendered against d default
ing witness In a criminal case, II he
does not appear at the same term and
show sufficient excuse for his default. a
notice must be issued BY the clerk Of
the court Notifying MN OF the rendition
of such conditional judgment and that
same will be made absolute at the next
term Of the court unless he appears and
shows sufficient excuse for his default:
which notice must be served by the sher-
If and returned three days before the
next term of the court: and il he falls
to appear as required, or fails to show
sufficient excuse for his default to
be determed by the court. the Judgment
must be made absolute against him.,
Judge Aston, in the circuit court. Sat-
40 cutovad Ano ~ tu.r. So.,~f