The Birmingham age-herald., 1908-02-27
RECORD OF THE COURTS

l Daniel the two men charged with the
 murder of Willis A. Whitner, near Coal
 burg in 1904. Is in the hands of the jury before whom she trial has been in ] progress for five days. The arguments of
 the attorneys consumed the entire morn- l ing session of the court yesterday and
 Judge Howze charged the jury the first
 thing after the dinner hour. The case
 went to the jury about o'clock, but
 no verdict was returned last night.
 The case is one that has attracted much
 attention. It was what is known as the "scarecrow case" growing out of trouble l between the union and non-union miners i in the vicinity of Coalburg during the
 time of the general strike of 1904. The
 evidence tended to show that some one hung Joe Lively in effigy. MT. Lively
 was at the time superintendent of the
 mines There was also evidence to the
 effect that Mrs. Whitner passed the place
 where the effigy hung and introduced it i to Mrs. Lively as her "scab husband"
 It was also alleged that Whitner made
 the remark 'that the seab who pulled
 down that figure would never pull down
 another"
 
 returning to their homes when they
 passed the place. Daniel and Lively are
 said to have started to pull the figure
 down and were fired upon by Whitner.
 Following this Whitner was shot and killed.
 An interesting case terminated in the circuit court yesterday with the verdict 1 of the jury for $316. 67 in the cause of
 Mrs. s. l.. Langley vs. Mrs. Hessie 1 Posey. The suit, which was for l $1999.99, grew out of rather peculiar l incidents. It seems that a chicken be-
 longing to the Langleys wandered off 1 down the road to the Poseys. One of l the little Langley boys went after the l chicken, and both Mrs. Posey and the
 boy claimed the fowl. The Langleys.
 it seems. secured the chicken, but Mra. l Posey claimed that violence was used, l and swore out a warrant before Justice 1 Ira Dement,, who fined Mrs. Langley l $5. The case was appealed to the Jeff 1 ferson county criminal court, and
 Judge Greene nolle pressed the case. l Mrs. Langley then instituted a suit for malicious arrest, which terminated in l the verdict for $316.67 yesterday. The
 case was heard before Judge Coleman.
 The case of Clarence Hurley ct al. vs. Birmingham Railway, Light and
 Power company is on trial before Judge l Coleman.
 1 In Judge Lanes division of the cir cult court the case of S. M Lowe vs.
 Louisville. and Nashville Railroad com 1 pany was placed in the hands of the
 jury yesterday afternoon. Other cases l were disposed of before Judge Lane l yesterday as follows: John Sanders, l administrator, vs. Republic Iron and Steel company. judgment by consent for i $750; M. M. Gilbert vs. Louisville and i Nashville Railroad company, consent 1 judgment for sS50.
 ] In the first division of the city court, l Judge Ferguson presiding, the case of l Rebecca Hawkins vs Alabama Penny
 Savings and Loan company is on trial. l The jury in the case of John Tuck Vs. Alice Baxter returned a verdict for sl5. l In the second division of the city court l Judge Nesmith presiding, the case of Mrs. 1 William Bagley vs. Central of Georgia | Railway company, is on trial. In the case l of Hattie Joiner vs Birmingham Rall- way Light and Power company verdict | for s25 was rendered by consent. The cases of Ferdinand Caheen vs. Sir l rningham Railway, Light and Power com 1 pany was placed in the hands of the jury 1 yesterday afternoon, On account ot the | demand for a struck jury in the succeed
 ing case, court adjourned until this morn l ing.
 l Two orders were made in the chancery l court yesterday as follows: Mayor and 1 Aldermen of Birmingham vs O. Cost, d's- l missed by complainant; Mayor and Alder l men of Birmingham vs c. E. Mccoy ct 1 al, same order.
 Suits were filed in the circuit court yes. l terday as follows: J. c. Anderson vs --4r-
 mingham Railway, Light and Power com l pany, $10,000 damages for personal inJu- ries sustained on October Il, 1907; c. F. Meyer vs. Louisville and Nashville Rail-
 road company, $500 damages for alleged depreciation of property; Gilon Quire vs. 1 Burnwell Coal company, 5000 damages Tor I alleged personal injuries.
 In the second division of the criminal court yesterday the case of E. V. Hoobler, ] charged with assault with intent to mur- l der, was taken up. Hoobler is charged with having assaulted J. c. Anderson on the night of December 29 last by cutting l him with knife.
 l The following cases are set for trial in l Judge Colemans division of the circuit court today:
 Martha Clark vs. Birmingham Railway, l Light and Power company, damages; Will l McNeil vs. Birmingham Railway, Light l and Power company, damages; Annie l Clark vs Birmingham Railway, Light and | Power company, damages; Henrietta Jor-
 dan vs Southern Railway company, dam | w vs. H. I. Goldstein, assumpsit 1 In Judge Lanes division of the circuit
 court the following cases are set for hear 1 ing today:
 Margaret Jackson vs. Western Union | Telegraph company, damages; Mrs. Ad- 1 die Hinton vs. Louisville and Nashville 1 Railroad company, damages; Charles M l Bunnell ys. Fies Ss Son, damages; S. M. | Hanby vs. Southern Railway company ct | al., damages.
 In the chancery court the following | cases are set for hearing today: Mayor and Aldermen vs. A. H. RoebuclS ] ct al; Mayor and Alderman of Birmng- l ham vs. Oscar Butcher ct al; Mayor and | Aldermen of Birmingham vs. Mrs. 2aue l Simon ct all; Joha Remlnger vs B. M. 1 Brewer and T. B. Jones; Louisville and 1 Nashville Railroad company vs. Southern n l Railroad company ct al.; George Whitecot- 1 ton vs. Alice Whitecotton; Nesbit LeclS 1 vs. Cyrus Leck; T. H. Mattocks vs. C.
 E. Hoy ct al.; Fannie Perdue vs. Sidney Hart.
 In the first division of the city court
 Judge Ferguson presiding, the following cases are set out for trial today:
 A. E. Appleby vs. Julia Kremser ct all. I damages: Mayberry Hardware company vs. Minnie J. Ward ct al, assumpsit
 John F. Morris vs. w. H. Crellin ct al damages; George Fagin vs. Mrs. J. w.
 Red assumpsit George Fagin vs. Mrs.
 J. w. Red, assumpsit: Isaac l.. Fraleigh
 vs. United States Life Insurance com pany. assumpsit T. D. Wood vs. Mayor of the Town of Avondale, certiorari.
 Judge Nesmith presiding the following