The Birmingham age-herald., 1907-03-06

assumpsit: Emily Floyd vs. Black Loan and Trust company, damages
 Judge Sharpe did not begin duties yes terday. as expected His commission ar rived during the day and he will be ready for business this morning.
 Chancery Court.
 Chancellor Benners will return from Blount today and resume his docket to- morrow morning.
 J. R. Moore filed a petition yesterday against Robenson $. Noar, in which he alleges that certain property was sold for taxes during his absence in England. and that the sale was unconstitutional and in violation of the section of the United States constitution which declares that no one shall be deprived of his prop erty without due process of law It is expected that some very interesting law points will arise on this question.
 Criminal Court.
 In the first division of the criminal court yesterday Thomas Shelton, charged with the murder of Ora Dunn, was set for trial. The defendants attorneys in- terposed several motions with the object of having the case continued. A motion to quash the venire was overruled. Ob- jeeton was made to the taesmen who were drawn from the box to complete the juries on Monday, because the de- fendant had not been served with a list of the names. It was further objected that additional talesmen were drawn eN- clusively from beats 21 and B. when it was argued, they should be drawn from the county at large. Judge Weaver over ruled all objections and motions and began empaneling the jury. In this re- spect considerable difficulty was eXperi- enced on account of jurors refusing to convict on circumstantial evidence and st..1 ,..,I. ment. When court adjourned at 12:30 ten jurors had been secured and the box was again brought into requistion. In draw ing from the box the names of men who have been dead from three to five years were pulled out.
 All other cases set for trial were passed until o'clock today.
 Criminal Court Docket.
 The following docket is set for trial in the first division of the criminal court today:
 Thomas Shelton, murder; Rosa Gill, murder; Maggie Gill, murder; William Bryce rape: Mickey Brennan, murder; Lucy Montgomery. murder.
 In the second division of the criminal court yesterday a family squabble was aired. Milton Reed, charged with throw ing bucket at his sister, ..ora Tate, was acquitted. Nora Tate, charged with as- Sault ana battery on Ter SlSleI, Nuid Cristler was acquitted. Cora Cristler charged with assault and battery on Nora Tate was fined $5. All the parties lived formerly at North Birmingham and the trouble among them arose over money alleged to be owing between the parties.
 Federal Court.
 In the United States circuit court yes- terday the case of W. M. Smith, trustees, vs. Alabama National bank was on trial and had not concluded when court ad- journed
 The plaintiff, as trustee of the creditors of the Anniston Rolling Mill company, IS suing to recover large sum of money. which it Is alleged the defendant realized upon the sale of ore and iron which had been turned over to the defendant at time when it is alleged, the Anniston Rolling Mill company was insolVent, ana by which the defendant was made pre- ferred creditor. The defense is that the Rolling Mill company was not insoivent at the time.