The Birmingham age-herald., 1906-06-08
CLOSE ARGUMENT ON MOTION ID QUASH Judge Weatherly Will Announce
 Decision Today FINE POINTS ARE RAISED John Hanby Announces His Retire ment From Race for Sheriff of lief
 ferson county-Assistant
 Engineer Resigns.
FINE POINTS ARE RAISED

Bessemer. June 7.-(Special. 1.-The attor- neys in the case of the state against T. J. Cornwell concluded the argument in the motion to quash the indictments this afternoon in the Bessemer city court and Acting Judge James Weatherly will give his decision when court reassembles to- morrow morning at 9;3O clock.
 The argument of the motion has been long and tedious and has consumed prac- tically two days of the session. Speeches were made by Solicitor L. D. Godfrey and Ponkney Scott for the state Capt Frank S. White and w. K. Smith for the defense. At the close of the argument this after noon court adjourned until tomorrow morning at 9:3O o'clock
 Jurors Were Deposltors.
 The motion to quash the indictments against T. J. Cornwell charges that six of the members of the grand jury returning the indictments were depositors in the Bessemer Savings bank, of which Corn we'll was president, and from which he Is charged with embedding more than $2OO, ,OO0
  two of the eighteen jurors were absent from the jury room at the time the in- dictments were returned, leaving only ten legal jurors which Is two less than the number required by law to find an in dictment
 The state argues that since the record of the court as to the action of the grand jury is complete as to the indictments and the presumption is that the jury did it's duty in finding the indictment that the men in question are not illegal jurors.
 Motion Out of Order.
 The state also argues that the motion to quash the indictment is out of order and that a plea in abatement is the only remedy for the defense and that that should have been filed at the time of the returning of the indictments
 In case the motion to quash the n- dictment is overruled by the judge tomor- row morning the court will proceed with the trial of the case when it is under stood that the defense will again file plea of former jeopardy as was done in the trial of the case when the jury was hung and mistrial declared in the trial of this issue.
 The progress of the case is being watched with interest by the people of this city. Mrs. Cornwell, wife of the defendant. and a few lady friends and relatives are daily attendants on the pro- ceedings of the court.
 Hanby Out of Race.
 Capt John Hanby announced his retire ment from the sheriff's race today. He
 
 and has been able to draw to his support a large following but he announces that 1t will require too much of his time from his other duties to make a proper can vass.
 He is superintendent of the mines of the Sloss- Sheffield Steel and Iron company at this place and is very popular with everybody who knows him and especially so with the employees under him.
 In discussing his retirement from the race today he stated that he appreciated very much the promised support of his friends and many others unknown to him in all parts of the county but feeling that his duty is first to his employers and that a thorough canvass would take too much of this time he felt 1t his duty to retire from the campaign.
 Assistant Engineer Resigns.
 Assistant City Engineer Jacaue Stein resigned his position this morning to take effect at once.
 For two years past Mir. Stein has been working in the engineering department of inc city under City Engineer W. J. Parks without salary for the experience 1t would give him. Two weeks ago he was ap- pointed assistant city engineer with small salary.
 Last Tuesday night Hugh McEniry was elected city engineer to succeed H. E. Lint. resigned. and MT Stein was con tinued in his office. He gives no reason for his resignation.
 Notes and Personals.
 A. B. Aired and Earnest Rawlins, two young white men, were arrested thls morning by Officers Childers Patton and Partridge and placed in the city jail on a charge of cutting a negro bootDlack named Nose Skyes. The cutting took place on Twenty-first street this morn inc The negro is seriously injured. but Is not thought to be fatal. The case will he heard in police court tomorrow morn ing.
 The Odd Fellows of Bessemer are ar raneinp for a picnic and reunion for the Fourth of July at the city park on Fourth avenue An elaborate programme IS Deihs arranged and some prominent Odd Eel lows are expected to attend and partici- pate .t,a ,os dino of Mics Fannye Grayson Pickens to Mir John F, Eidge which will take place at inc First Presbvterian church Tues dav evening. June 26 at SEQ o'clock. The Sunday school of the First Baptist o,,,rcb had A picnic at Avondale park today. Two cars were required to carry the people who took the outing.