The Birmingham age-herald., 1906-06-15

FRIDAY, JUN1 appeal from Morgan chancery court; re- versed and rendered.
 The A. J. Craner company, Ltd. ct al. vs. Charles c. Miller ct al, appeal from Mobile chancery court; affmed.
 Mason Daniels vs the state of Alabama, appeal from law court of Pike county. affirmed.
 Jim Cowart vs. the state of Alabama. appeal from Dale circuit court; reversed and remanded
 Denson, J.-Robert L. Dix vs. the state of Alabama, appeal from Jefferson crimi- nal court; affirmed. August 8, 19O5 is fixed by this court as the day for the execution of the sentence.
 Killed a Child.
 number of rather unique features presented themselves in the case of Isiah Gorden, sentenced today to be hanged by the supreme court. In the first place his crime was the killing of a baby one and a half years old, and the next the crime was committed i've years ago It is also a fact that his attorney was in big hurry to get his case submitted and decided at this term of the court when It might have gone over until next win ter.
 The evidence shows that the negro went into the house and became enraged at the child or it's mother, his wife, and with brutal delbera teness took the little fel- low up and dashed it's brains out against the floor or the bed When he did this other children, one being a girl of twelve years, ran out screaming. Gordon then escaped, and was gone nearly five years
 An effort was made to discredit the evidence of the little girl. but both courts held that she was in every way compe- tent.
 Robert l.. Dix is a negro and will die for the murder of cutting with a knife of Bert Pesnell. a street car conductor on one of the Birmingham Street Rail- way lines
 Hall Refused.
 w w. Hall, elected to the head of the First District Agricultural school at Jack son has declined the position, and ac- cepted election to the superintendency of the city school of Florence. A meeting of the uoard of control will be held soon to choose his successor Rev. Joe l. Williams of Ensley a presid- ing elder in the Methodist church. and one of the best-known ministers of the state, has been appointed a member of the board of control of the Ninth District Agricultural school at Blountsvlle. w. J. l.. Welch, tax collector of Fillmore county, has made final settlement with the state auditor
 The secretary of state has been notified or the incorporation of the Alabama Con- ference of the Seventh Day Adventists
 The Black-Laird company, New Orleans, has certified for business in Alabama with w. k. Houghton of Birmingham as Ala bama agent
 W. R. McSpadden has been appointed constable at Vernon, and Miss M. M Parker at Birmingham, and John Miller at Camden, notaries.
 Finishes Call
 The supreme court has finished the last call of the divisions for this term, and no more cases will be submitted until next fall. The court will adjourn from day to day until the end of June, when 1t will finally adjourn for the term.
 The habeas corpus case brought by the attorneys of Mobile county iu the crim- inal court of Jefferson county, which seeks to break the contract of the oss-Sheffed Steel and Iron company for the convlcts of that county, was submitted to the su- preme court today,
 J. B. Barrow. tax collector of Chambers county, has made final settlement with the auditor.
 The first estimate on the new addition to the capitol was paid the contractors, C. c. Tetherow &S Co.,, today, amounting to $2090 25.
 The following young lawyers graduates of the university, were admitted to prae- tice before the supreme court today: R. c. Young, Selma; J. H. James. Jr, We tumpka, and Allen Crenshaw Montgom- cry.
 Head Notes Supreme Court. Western Railway of Alabama vs. John b Mitchell, appeal from Montgomery city court.
 l. In suit against a railroad company for killing the plaintiffs mules, an aver ment in count that the plaintiff claims damage for the killing of the mules by the negligence of the defendant in run ming a train of cars or locomotive on it's tracks. js sufficient charge of negligence and 1t does not assume that the running Of any train would be negligence. The av- erment imputes negligence in and about the running of the train, etc.
 2. The ayerment that the animals were killed In Montgomery county, on the road of the defendant. between Scotts and Merritt. Is a sufficient averment of the place of the accident
 3. An averment that defendant so negli- gently conducted its business In operat- ing railroad that It's locomotive ran against two mules of the plaintiff and caused their death is sufficient as an aver ment of negligence and shows the causal connection between the negligent act and the injury.
 < When an engineer who is running his train at forty or fifty miles an hour in the night time discovers a fog bank ahead of him and across the track through which the headlight of the engine will not penetrate, and yet continues at the high rate of speed, without effort to place the train under control, and thereby kills animals on the track beyond the fog bank, the act is grossly negligent. and the company Is liable for the damage. Ar frmed.
 Opinion by Wea.Sley, C. l.. Tyson, Dow dell and Simpson. J. J., concurring
 
 Worl1inn on NeuL Oner, Anuea