The Birmingham age-herald., 1906-06-26
RICHARD WRAY ID
 BE TRIED LATER Absence of Important Witness Necessitates Continuing Case OTHER CRIMINAL CASES Several Suits Dismissed In the Circuit Court-Sults Filed In the City
 Court-Record of the
 Courts.

When the case of Richard Wray, charged with killing George Freeman, was brought up in the first division of the criminal court before Judge M. NJ. Baldwin yesterday morning, the counsel for the defense rose to the point that the presiding judge was not qualified, owing to the fact that he had never been reg ularly appointed to the place he was hold ing. The validity of the objection was not put to the test. however. owing to the fact that Solicitor Hefiin moved that the case be continued on account of the ab- sence of Mrs. George Freeman, the widow of the dead man. It Is said that she is Ill in Atlanta, and Steve Wiggins, one of the witnesses, was put on the stand to tes- tify to this effect The case was con- tinued indefinitely.
 In the expectation that the trial would proceed, the court room was crowded with spectators at an early hour. Many of wray's near relations were present in the room.
 The cases of Mickey Bremen, charged with the murder of Lieutenant Norris William Bise, alias Brlce, charged with rape; Lucy Montgomery, charged with murder and John Andrews. charged with murder were passed.
 In the afternoon, the case of Scott Weeks, an aged negro, charged with rap ing little negro girl, was on trial. The case aroused considerable interest among the colored spectators, and a number of witnesses were produced on each side. After remaining out a short time the jury brought in verdict of not guilty.
 Following are the names in the three juries that were drawn in the first di- vision of the criminal court yesterday:
 Jury No 1-J. J. Williams. J. E. Honey cutt, George w. Fox, F. N. Wood w. J. Lacey. J. W. Self, George D. Corners. Rob- ert S. Mcknight, W. F. Cooley, Whit Bur ton, A. E. Mitchell, Thomas Chamber lain.
 Jury No. 2-Max kromat, R.. F. John son, D. H. Eachels, J. E. Waddel, s. F. Fowllxes, Gus Colvin, I. T. Hilton, P E. Cheek, Lyman F, Barry, B. w. Puckett, William H. Rogers, Charles c. Snider.
 Jury No. 3-C. Garrett C. B. Hood, w. B. Moss, John Vaughan w. M. Town son, E. L. Mitchell, J. E. Matthews, Lee Johnson w. D. Roan, J. T. Dugger, L. h. f0cKelt, JdHleS Glii.
 Circuit Court.
 Arguments in the case of w. H. Jones vs. the Western Union Telegraph com pany were heard in the circuit court yesterday and the case was taken under advisement by Judge A. A. Coleman. The suit was entered to recover damages for failure to deliver a message.
 ID ar,tt Datn Periiio, Ionis Perio and c. Perolio, judgment was rendered by consent for the plaintiff for $25.
 The following cases were dismissed:
 M. E. Johnston vs. Mrs. V. J. Bullock,
 T. P. Goodwin vs Jim Lewis.
 D. M Griswold vs Gordon Ammons.
 D. M. Grlswold vs. l.. H. Lewis.
 D. w. Cumby entered suit against the F. s. Bell Lumber company to reciver Sl32 .75 alleged to be due on promissory note.
 City Court of Birmingham.
 In the second division, the case of A. B. yandegraft ct al. vs. the Three Rivers Coal and Iron company. resulted in a de- cree being rendered holding that the pleas of the defendant were insufficient.
 The motions for new trials in the cases of J. G. Wilber vs. the Birmingham Railway Light and Power company and Douglass Streit, pro ami, vs. the Bir- mingham Railway, Light and Power com pany were overruled.
 Judge Charles A. Senn was still indls- posed yesterday and did not come to the court house. He hopes to be well enough i..,. |,
 New suits were entered yesterday as follows:
 Hugh Gardner, pro ami. vs. the Bir- mingham Railway, Light and Power com- pany, $1O0O0 damages for personal in- juries.
 David T. Herndon vs Brewer and Jones ct als., s5O90 damages for injuries sus- tained by plaintiffs minor, Dorance Hern- don, by having leg run over by tram car
 NJ F. Webb Real Estate company vs. R. D. Johnston, suit to recover 5000 al- legged to be due on account
 Margaret Lawrence, pro ami, vs. the Birmingham Railway, Light and Power company and Margaret Lawrence, pro ami. vs the Birmingham Belt Railroad company, two suits for s20,0O0 each for alleged permanent injuries received in a collision between a street car and rail- road car at the Junction of the two lines on Avenue E and Twenty-second street on January 10, 1906.
 Chancery Court.
 Testimony was heard before the regis. tor in the case of George Harrison vs Hinton F.. Carr. The case was continued to July 3.
 The case of L. G. Pettijohn ct all vs Edilda Pauley ct al., was submitted to the chancellor on the exceptions to the registors report.
 In the case of J. H. Ward vs. Richard L. Smith, a decree was rendered allowing the complainant to amend the bill. Petitions in Bankruptcy. Voluntary petitions Is bankruptcy were filed in the federal court yesterday as follows: Charles L. Marcus. liabilities S14s and assets $40; B. M. Williams. liabilities S191 33, and assets s27.5o The case of Charles Morgan vs the Central of Georgia railroad Is still on trial in the federal court. 
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