The Montgomery advertiser., 1908-04-22
NEW TRIAL GRANTED
SUPREME COURTS ORDER IN H. Y
 BR0OkE's CASE.
Litsgntlon Resultant From onarrei With Eidtor McClendon in Lu- verne Treated By Tribunal -
 Other Opiniens Rendered.

Other Opfnfons Rendered.
 In the few decisions handed down yesterday by the Alabama Supreme Court was one in which H. Y. Brooke. of Luverne, assistant State Examiner of Public Accounts, was given a new trial in the case in which he was com victed of assault and battery and lined one centand costs. Mir. Brooke had been found guilty of assault and bat tery by the crenshaw County Cirucit Court about two yeare ago.
 This is another chapter in the rather notorious episode which caused no lit- tie excitement in Luverne on June 22, 1904. Mir. Brooke on that day was al- legged to have engaged in an alterca- tion with John c. McClendon. of Lu- verne, editor of The Luverne Journal. It grew out of an editorial which ap- peared in the latter county newspaper, criticizing a previous editorial which had appeared in the contemporary publication said to have been owned by MT. Brooke the editor of The Lu- verne Critic.
 The controversy originally grew out of an arraignment of the manner in which the former Mayor cast his vote in the election of the local sch ool board. It seems that The Critic was upholding the Mayor for casting vote which tied the ballot. The Mayor did not receive the appreciation of the editor of The Journal. These two pa- pers waxed warm over the situation. Finally MT. Brooke and Mir McClendon came together in the post-office at Lu- verne on the day named and MT. Brooke is alleged to have dealt the | latter a blow over the head with q walking cane.
 On trial before the judge of the | crenshaw Circuit Court the jury re- turned a verdict of guilty and as- sessed the fine at one cent and costs | The appeal was taken from this Judg- ment on exceptions taken by counsel | for the appellant to several rulings In | the pleadings of the case. The counsel for appellant had plead | ed former Jeopardy, alleging that he | had been tried before the Mayors court in Luverne. It was alleged that | the act granting the charter to the l Mayor and Council of Luverne gave | to the Mayor. ''in addition to the | Jurisdiction to try for violations of the l bylaws and ordinances of the said | town, also Jurisdiction. concurrent with the county and circuit courts, oi | all nfsdemeanors known to the laws | of the State. committed within tht | corporate limits of said town. The lower court had sustained the | States demurrer to this plea but thu Supreme Court. speaking through | Justice Simpson. says that the cour | cerred In this instance.
 In this connection. Justice Simpson | takes occasion to say: When tht law confers upon municipal ofiiceri jurisdiction to try offenses agains the State, 1t makes such officers its of ficers in the trial of such cases and | Is not analogous to the trial for mere violation of city ordinance"
 The decision. therefore, was to re verse the judgment of the lower cour and remand the case.
 Opinions Rendered.
 The list of opinions rendered yester day Is as follows:
 TYSON. c. J.
 Southern Express Company. v. Clari D. Gibbs. appeal from Jefferson Cir uit Court. Anirmed.
 SIMPSON,.
 H. Y. Brooke v. State of Alabama appeal from crenshaw Circuit Court Reversed and remanded.
 Ex parte John Benneneid petitio' for writ of error etc, Petition grant ed, Judgment of conviction set aside and case transferred from docket o the Circuit Court, to the docket o the County Court of Cleburne County ANDERSON, J.
 win D. Sims V. State of Alabama appeal from Walker County Law an EQQlIy NOhNIs GeOB0ASS0 &AhA sNAt@@A@A ed.
 DENSoN. J.
 Garland c. Stallworth ct al. v. O. H Brown ct al, appeal from Mobile Cir cult Court. Appeal dismissed.
 John Hyde V. State of Alabama, ap peal from Bfbb County Court. Al irmed.
 The following lawyers are in at tendance on the Supreme Court look ing after cases to be submitted fror the counties of the Sixth Division John P. Tiliman. J. W. Bush, c. Beddow. B. Nj. Allen. A c. Harsh. E D. Smith. Quincy Smith, s. A. Wooc Felix Blackburn, William Connth. K. Terry, J. W. Weatherly, J. s. Ken nedy, M L. Ward. Nj. M. Ullman. c. Ritter, Forney Johnston. A. c. Howz, Jr., J. F. Stallings, J. L. Drennen. W. Chamblee. L. c. Dickey. L. J. Ha ley, of Birmingham; W. F. Welcl Pinckney Scott. of Bessemer; Judge . J. Mayfield. Daniel Collier. of Tusca loosa; Henry Pitts, of Tuscaloosa; an J. H. Bankhead, Jr.. of Jasper