The Birmingham age-herald., 1906-11-16
WILLIAMS PAPERS WRONGLY PREPARED Case Fails to Get Before the
 Supreme Court GOES OVER UNTIL NOV. 29 Postponement Was Result of the Rec ord Being Made Out on Paper
 Other Than That Re-
 quired by Court.
GOES OVER UNTIL NOV. 29

Montgomery, November 15.-(Special.- The case of John Williams, who is under sentence of death for the killing of Robert l.. Hipp, did not come before the su- preme court again today. as expected, but went over to the call of the sixth dvi- sion, which will be week after next, the exact date being November 29. The post ponement was the result of the peti- tions and other portions of the record being made out on paper other than the regular stipulation, transcript bond. | Attorneys for Williams were here to look after the submission. They were Erie Pettus, leading counsel, and As- socltes Parker and St John of Cuman and Gaston of Birmingham. The state was to have been represented by Thomas Martin, assistant to the attorney general. On the call of the court the papers were found not to be prepared properly and it was ordered that the case go over to tomorrow. Later, by agreement of 1 all, it was decided to wait until the call of the Birmingham division. Williams was convicted of the murder of Robert l.. Hipp and sentenced to be | hung. While in jail at Birmingham Erie Pettus swore out an application for habeas corpus, alleging that his client had become crazy since sentence. This was set down for hearing by Judge | Weaver of the criminal court of Jefferson | county on day after that fixed for the l execution. The result was to postpone | the hearing on the sanity feature. Re- l fore the hearing, however Judge Weaver was cited by Justice Weakey of the 1 supreme court to appear and show oy what right he assumed Jurisdiction of the ease after the courts had passed upon it and the governor had refused to take any action.
 This served to hold the case up until today, the first motion day of tho Novem- ber 1906. terms. Judge Weaver had made public his answer, in which he holds that there is law for his action and argues that the prisoner had right 10 have the question of his sanity set tied.
 List of Opinions.
 Opinions in the following cases were handed down by the supreme court to- day:
 l Weakley, C. J.-J. w. Borough vs. G. M. Harrington & Son, appeal from FL more circuit court; affirmed. 1 J. M. Smith, ct al. vs. Bank of Enter prise, appeal from Coffee crt ut court; | affirmed.
 Tom Johnson vs Town of Fayette, ap- peal from Fayette circuit court; affirmed
 M Curry, administrator, vs. Southern Railway company, appeal from tiale cir cult court affirmed
 P. c. Hannah vs. Joseph Espalla, Jr appeal from Mobile circuit court; re- versed and remanded
 Haralson, J.-J. F. Adair vs I c. Stovall, appeal from Walker law and | equity court; affirmed. | Dowdell J.-R. May Griffin vs. Work- ing Womans Home association, appeal from Montgomery probate court; reversed and remanded.
 Denson, J.-J. A. Thomas vs. Daniel | Bros, appeal from Cherokee circuit court ; | appeal dismissed.
 May Go to Higher Tribunal.
 The case of A. c. Henry vs. the First l National Bank of Decatur, will likely go before the supreme court of the United States. A judgment for s12,000, given by | the Alabama courts, will stand, as the supreme court has, by the close vote of three to four, refused a rehearing. The | suit involves the question of bills of lading. Henry had given instruction | about paying for cotton which he ayers
 
 now make the total to be paid about | S16000.
 These other opinions were handed down this afternoon:
 | Weallley, c. J.-F. M Couch ct al. vs. Sheffield Couch, ct al, appeal from Mar | shall chancery court; reversed and re- i manded.
 l Birmingham Railway, Light and Power | company vs. J. E. Martion, administrators | appeal from Bessemer city court; af- | frmed.
 Haralson, J.--W W. Plppin vs. Kate | F. Topia. administrator. appeal from l Greene chancery court: affirmed. | Dowdell, J.-Ella Daniels as admins- tratrix vs Louisa Carney, appeal from l Mobile circuit court; affirmed. | Denson. J,--George c. Beason ct al. vs. | Jesse M. Shaw. appeal from St. Clair l probate court affirmed. Rehearings. 1 First National Bank of Decatur vs. A. l G. Henry, appeal from Morgan circuit court; application for rehearing over- | ruled: Tyson, Simpson and Denson, J. l., dissenting.
 l Birmingham Railway, Light and Power company vs. Ella P. Moore, appeal from | Birmingham city court, application over | ruled, Weakley, c. J., and Denson, J., | dissenting.
 R. E. Alley vs. Jesse French Piano and Organ company, appeal from Jackson cir cult court ;oplnion modified and appica- | ton for rehearing overruled. | Four Killed By Boiler Explosion. Fort Smith, Ark, November I5.--Four men were killed and score injured,