The Birmingham age-herald., 1906-02-16
RECORD OF COURTS

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 Leonard Thayer was acquitted of mur- der in the second degree by a jury in the first division of the criminal court had been before the court since Wednes- day forenoon and the jury was out but a short time in it's deliberations. Thayer's case was somewhat peculiar. He was charged with killing Mike Sulli- van in Pratt City about four years ago, and was indicted by the grand jury short ly after the affair occurred. He was tried and found guilty of murder in the second degree. the jury fixing the pen alty at imprisonment in the coal mines for twelve years.
 The case was appealed to the supreme court, and the decision was affirmed. rehearing before the supreme court was granted, and that high court reversed itself and granted Thayer new trial in the lower court. In the meantime the pris- oner had been sent to the mines.
 Thayer was represented by Attorneys Shugart & Bell A feature of the case was the fact that the prisoner is a very old man, nearly 70 years of age, and with hair and moustache almost snow white He was heartily congratulated after the verdict was rendered, and held a levee in the corridor when he left the courtroom legally cleared of the charge against him.
 Another case which attracted great at- | tention came up before Judge Senn in the city court, and the decision was to the effect that Justice of the Peace H. B. Abernathy was not entitled to the office and position of justice of the peace asmuch as the inferior court bill was legal and constitutional.
 The decision was handed down in the forenoon. The cause was entitled the State of Alabama ex rel A. B. Perdue vs. H. B. Abernathy, and was in fact nothing more or less than quo warranto proceedings to determine by what right the defendant was serving as a justice of the peace. When the petition was filed, the defendant filed demurrers and Judge senn sustained them. Appeal on | the ruling was taken to the supreme court, which reversed the action of the | trial judge and overruled the demurrers. The defendant, Abernathy, yesterday filed his answer in the city court to the original petition. The state filed de- murrers to the answer, the court sus- taine the demurrers and the defendant refused to plead furthef. Then the court decided the matter for the petitioner, and declared the defendant busted from the office of justice of the peace because of the validity, legality and constitutionality of the act establishing the inferior court of Jefferson county.
 The following business was transacted yesterday in the second division of the
 criminal court before Judge Weaver:
 Julia Ann King. abusive language, fined
 s5 and costs of proceedings.
 | William Driscoll and w. c. Stiff, petit
 larceny and receiving stolen property,
 passed by the state to later date.
 John Brown, petit larceny plea of guilty
 entered by the prisoner.
 Judge Smith. petit larceny, passed by | the defendant to a later date. | Cora Howard, assault and battery with | weapon, forfeiture of bond declared
 against the bondsmen and capias issued
 Tom Reid, carrying pistol, fined $5t and costs of proceedings.
 Tom Starks, assault with a weapon, l fined s1OO and costs of proceedings. | Charles Scott, assault and battery with | a weapon, fined $500
 will Taylor, assault and battery with | a weapon, fined NO0.
 | Anderson Mason, petit larceny, plea of | guilty entered by the prisoner. Ike Warner. assault and battery, found | guilty and fined $500.
 | The case of W. H. Carney, adminis- | trator vs. the Sloss-Sheffield Steel and 1 Iron company is on trial before Judge senn in the city court, It is expected the case will be concluded today.
 The case of Bragg King vs. s. L. Lump kin, in which damages were claimed be- ! cause of alleged malicious prosecution
 went to the jury in the city court late | yesterday afternoon.
 The case of s. R. Bentley vs. L. A | Prosch was dismissed by the plaintiff | yesterday in the city court.
 The case of J. c. Crockett vs. the Bir- mingham Railway, Light and Power com | pany was placed on trial in the city cour l yesterday.
 | The following new suits were filed 1T the city court yesterday.
 l. H. Trice as administrator for th' | estate of James A. McGee, deceased. vs | the Alabama Great Southern Railroa, | company. The plaintiff alleges that th' | defendant company operated train II | Tuscaloosa county, at or near static.
 known as Cottondale. on and about Oc l tober r. 1905, and that the said trali | ran into and killed the intestate, Jane: A. McGee. wherefore the petition recitel that damages to the amount of S100Q