The Montgomery advertiser., 1907-03-24
APPEALS TO
 HIGHER COURT Calvin Coleman Case Is
 Taken Up. FOUR TECHNICAL EXCEPTIONS Bill Filed by Attorneys on Last Day
 Possible. Objections Filed To Challenges To Two Jurors, To Phrase i'm Indict- meat, and To Lack of Con-
 nectien in Testimony.
FOUR TECHNICAL EXCEPTIONS

 terday in the City Court for an appeal to the Supreme Court in the Calvin Coleman case means practically that the negro Coleman. convicted of the fiendish murder of J. A. Finley. will not hang on April 19. the day set by Julge Thomas for the execution.
 The bill of exceptions was filed by Armistead Brown and Ray Rushton. attorneys for Coleman, and the threads to which the counsel have chng for their appeal to the higher tribunal are based on four exceptions, technical in character.
 The first exception in the order of the trial of the case is that in which the defendants counsel demurred to the second count of the indictment. This part of the indictment charged that Coleman killed Mir. Finley by striking or cutting him with an un- known instrument. Judge Thomas, at the trial, overruled the demurrer and an exception was taken. The defend- ants attorneys claim that the second count was erroreous because it stated an alternative in the words. striking or cutting" when one or the other should have been stated.
 The most interesting exceptions, however, are those taken on the selec- tion of two jurors. The defense ex- cepts to the challenge of the State for cause on Juror W. R. Barnett. who stated that he would not hang on cir- cumstantiai evidence.
 An exception is also taken on the challenge of W. l.. Amason. Mir. Am ason. 1t will be recalled, was first chal- Tenxed for cause by the State, because he said he would not hang on ctrcum- stantial evidence alone. Solicitor Dent, nevertheless, withdrew the chal- lenge for cause and entered peremp- tory challenge against the juror, but this did not deter the defense from &C., cepting.
 A fourth exception is to the evidence of Eva Ewing, a negress, who was in Fishers saloon the night of the mur- der. The special part to which excep- tion is offered is that in which she said she did not give Coleman a watch. Counsel for Coleman contend that the evidence, at that stage in the proceed ings, had not been connected up.
 The. Supreme Court does not meet again until April 1, and the criminal cases from Montgomery County, will not be submitted until May g. The execution of Coleman, set for April 19, is therefore stayed until the case IS argued and a decision is reached by the hiSher court. It is not known yet whether an attempt will be made to advance the case on the Supreme court docket as soon as that body meets.
 The horrible murder of J. A. Fin- ley in the southwestern part Of the city during the early part of February shocked the entire community. The corpse of Mir. Finley, with more than forty stabs on his head. was found in a lane near Mill Street.
 After diligent investigation by the police, they succeeded in tracing the atrocious crime to Colvin Coleman. negro. Coleman was tried in the City Court. March i and 9, and conviction was speedy. When Judge Thomas pro- nounced sentence, he allowed the de- fense fifteen days for a bill of excep- lions and this time would have expired
 CoIeman is now confined in the county jail.