The Birmingham age-herald., 1907-12-31
MRS. BERNEW|Tz IS ONCE MORE LOOSE Released By Judge Lane On
 HabeaS Corpus THREE RIVERS co. CASE Double Injunction Stops Sale of $12,ooo Worth of Stock In Concern.
 Record of the
 Courts.
THREE RIVERS co. CASE

yesterday afternoon in the habeas corpus case of Mrs. Carrie Von Bernewitz dis charging the petitioner in the writ from the custody of the court, which means that unless the decision is reversed by a higher court, Mrs. Won Dernewitz will not have to return to Ohio to stand trial on a charge of bgamy.
 The case of Mrs. Von Bernewitz has been dragging along in the Jefferson county courts for two months or more, and during that time two different writs of habeas corpus have been gotten out Papers were originally gotten out in the state of Ohio. asking for the extradi- ton of Mrs. Von Bernewitz, and when she was arrested she immediately em- ployed attorneys and a writ of habeas corpus was taken out. The proceedings on the first writ were heard by Judge S. l.. Weaver, and he decided, after so long time, in favor of the state of Ohio.
 On some grounds the second writ was taken out and the proceedings came up before Circuit Judge A. o. Lane. number of witnesses were examined and four of them testified that Mrs. Non Bernewitz was at Brookslde at the time she is alleged to have been in Troy. Miami county, Ohio, and at the time she is alleged to have married a man named Lamka.
 Judge Lane announced yesterday that he decided the case in favor of the pe- titloner on the question of her identity, the court holding that under the evidence introduced Mrs. Von Bernewitz Is not the woman wanted in Troy
 Attorney c. D. Ritter, who has repre- sented the state of Ohio, gave notice of appeal, 30 days being allowed him for the filing of a bill of exceptions.
 Three Rivers Case.
 A double injunction, issued by Judge c. w. Ferguson from the city court upon petitions filed by Robert D. Smith against W. P. s. Kaley and Richard Haley, with Sheriff E. l.. Higdon as the correspondent in each case summarily stopped the sale of about $140O0 worth of stock in the Three Rivers Coal and Iron company, which was to have gone at auction yesterday.
 Grounds for the injunction are that 1t was based upon claim that existed prior to the complainants taking the bank ruptcy law in the 90'o.
 The litigation, 1t seems, started in 1891. The plaintiff, Robert D. Smith, ayers that on July 2i, 1s91 Frederick S. Chew was appointed as guardian of the estate of the respondent, W. P. S. Kaley, and fbo bond of the said Chew. On January 3l, 1899, the said r. S. Chew was cited be- fore the probate court to show why a judgment should not be rendered against him for failure to make a final settle ment of the guardianship account A de- cree was rendered against the said Chew. it is averred. in the sum of $1700, and the plaintiff ayers that the said decree was null and void on the ground that three weeks notice by advertising was not given, although this is required by law. 1t is further averred that the said Chew received judgment against the plaintiff for $15OO 5o. and that the plaintiff is not held liable for the indebtedness
 Two injunctions were isshed in the case, one having W. P. s. Haley and E. l.. Higdon as the respondents and the other Richard Kaley and E. l.. Higdon.
 There was a writ also issued specih- cally enjoinng Sheriff Higdon and w. P. S. Kaley from levying on the property of the said Robert D. Smith and from selling the certain stock in the Three Rivers Coal and Iron company The complainant was required to make in- junction bonds of $500 in each case. The two suits will be taken up in open court Thursday morning at 10 o'clock.
 Judge A. c. HoWze Presides.
 On account of the indspostion of Cir cult Judge A. A Coleman, Governor Conner appointed Judge A. c. Howze yesterday morning to preside in one of the divisions of the circuit court dur ing the remaining two days of the fall term of the court. There was some sur prise at the appointment of Judge Howze, since, during the recent illness of Judge Coleman, Judge J. H. Miller presided in Judge Coleman's division of the circuit court. Judge Howze took up the docket yesterday morning and busi- ness was dispatched with readiness
 Judge Howze made the following or ders In the cases involved:
 Mrs. M. E. Bailey vs. St. Louis and San Francisco railroad; judgment rem dered for the plaintiff in the sum of s45.
 A. w. Beck vs. St. Louis and San Francisco railroad; judgment rendered by consent in the sum of $4l.76.
 John D. Wingo vs Moody Manufactur- ing company; judgment rendered for the plaintiff in the sum of $45.82
 A. B. Levy vs Seaboard Air Line Rail road judgment rendered in favor of the defendant.
 In Judge A. o. Lanes division of the circuit court the of J. C. Thomp- son vs. the Southern Railroad company was the only one concluded. The case came up upon an appeal by the defend- ant. and a judgment was rendered by con sent in favor of the plaintiff for $s5. A case involving the Trotwood Park Land company was begun yesterday afternoon and will probably continue the greater part of this morning.
 Suits In the City Court. In the city court two new suits we're filed yesterday. Lucenzlo Arduyno. mi- nor, filed suit by next friend, Antonio Arduyno, vs. Mrs. Julia Thompson. claiming 5000 as damages on the ground that on May 6. 1906, while the plaintiff was on the public highway. near the corner of Second avenue and Twentieth o+,aa+ ha maa etrltck bv an alItpmObtle