The Birmingham age-herald., 1907-06-12

ernor were announced yesterday: Justice of the peace, c. M Brandon. precinct 24
 Pickens county; notaries public, A. j.
 Tindall, Dothan, Houston county, and R
 B. Evlns, Greensboro, Hale county.
 New Ground Taken. In reversing the case of Pattie West moreland vs the Western Union Tele- graph company, Chief Justice John R. Tyson has taken new ground in this state. i He has held that the defendant in d | ease just like this can not recover for mental or punitive damages. The chief | justice said, when asked about the runig that it was new holding for the state. Action was brought for damages for mental pain and also punitive damages l for failure to deliver promptly a tele- gram sent by plaintiff to her brother in this language: Meet me at the train. The important question Is whether or ! not damages for mental pain and puni- tive damages are recoverable in this class of cases. The court held that they were not for the reason that they were not and could not have been in contempla- tion of parties to the contract at the time of making in the event it was preached. The court is the last week of the term, having the Selma division up for hearing. The cases in course of business will take the court well over into July before adjournment
 Davis Kills Negro.
 c. c. Davis, a young white collector, this morning shot and killed Columbus Matthews, a negro, at the home of the latter, 205 Bell street. the shooting being the result of some words and the alleged pulling of a gun by the negro.
 MT. Davis is the collector for the Mutual -ss... Il IA .,I1, Al.,a Davis had been sent to collect 1t. Mat thews promised to pay Davis several times and finally told him to come back this morning.
 Davis went to the negro's home a little after o'clock and knocked at the door, The negro answered the knock himself and Davis told him he came to collect the money. Here it is alleged the negro told Davis he would not pay the bill and some words followed, after which the negro reached behind the door and got his double barreled shotgun.
 As soon as Davis saw the negro had a gun he pulled his pistol and fired three times in rapid succession. Two of the bullets found lodgment in the negro $ body and another hit the barrel of the gun, making a large dent in it. The ne- gro expired soon after the shots were fired.
 Columbus Matthews, the negro who was shot. had been a cripple all of bis life, and professed much interest in his broth CT. Samuel Matthews who few months ago shot and killed his wife in Troy, Ala, resulting from some dispute. Sam Matthews, the brotlfer, afterwards es- capped from Troy and was at liberty for several weeks, when he was arrested in Beaumont, Tex, and brought back to Troy for a trial. A few days ago the now deceased Matthews called at the of flee of the Journal and requested sub scription to help increase the fund that had been collected to secure defense for his brother in Troy. The negro was try ing to raise $4OO of which amount he stat ed that s200 had already been collected. When seen this morning MT. Davis de- clined to talk about the shooting. stating that everything was now in the hands of his attorney.
 Capitol Notes.
 Governor Conner and J. A. Wilkinson, commissioner of agriculture, are at We tumpka today attending the commence ment exercises of the Fifth district agri- cultural school. The governor will deliver the commencement address and MT Will kinson is also expected to make a talk to the students. They will return home to- morrow.
 Becoming frightened at passing auto mobile, a horse belinging to J. N Mitch ell, liveryman, at 312 Lee street, and driven by Israel Davis IA years old, a buggy boy, ran down Kathleen Ward, the 11-year-old daughter of Thomas J. Ward, who resides at 215 Montgomery street. The little victim was hurt about the knees and it is supposed to have received slight internal injuries
 The many friends and acquaintances of the Rev. E. l.. Hill will regret to learn of the death of their infant son this morning al Athens, Ca. where Dr. Hill is in charge of the Presbyterian church. Dr. Hill lived in Montgomery many years, where his people now reside He has many friends here who will sympathize with him and his wife in their bereavement.
 Allen Meadows. a negro, shot and killed William Graham, another negro. on the Mobile road, near Washington park, last night The trouble started over gams of baseball when Graham threatened to strike Meadows with a beer bottle. The dispute was settled. but was renewed near the park. where the shooting occurred. Meadows made his escape, and up to this morning the police had discovered no trace of him. It is thought that he went to his old home in Lowndes county.