The Birmingham age-herald., 1908-05-10
rn fhe Editor of The Age-Herald.

afternoon appeared an article headed, Judge Nesmith Asked for Information ! By Member of the Bar signed by one II. K White. who professes to be a mem l Der of the Birmingham Bar.
 Within the past 12 months, I, as judge of the city court of Birmingham, in the case of M. L. Ward. as administrator de bonis non vs. H. K. White, rendered judg- ment against the said H. K. White for more than S15,900 for failure to pay over money collected by him as an attorney, which judgment is not yet reversed by the supreme court of Alabama.
 Should this judgment be affirmed, it may become my duty to disbar MT. White from further practice as an attorney in the courts of Alabama.
 In view of my position I deem it inl- proper for me to enter into newspaper controversy with Mir. White.
 letter to the public from Mr. E. H. Cabaniss, my campaign manager, Ioi- lows. c. c. NESMiIH' To the Public:
 For the benefit of those who may not know Judge Nesmith personally, l will say that he at the age of 20 voluntarily left, on account of the ill health of ms father the law department of the Onl- versity of Alabama, where he had won scholarship, and entered the practice or law and has supported family or lIoiii three to four ever since, and that WILL out capital and by his own eIIorI Al the age of 9 he was nominated py the democratic party of Lamar county uo represent them on the first call of the con stitutional convention. Two years later when the constitutional convention was actually held he represented the people amongst whom he was reared, serving oh the judiciary and legislative committees In 1903 the counties of Walker, Fayette and Lamar selected him for state sehe- tor. He came to Jefferson county III 1903. with about $500 dollars in money, small family, and 5000 in debt In com petition with the ablest bar in the state and in a new field, and without influence he has made for himself and tamlly living and paid off his indebtedness
 Instead of being a corporation lawyer he was general counsel for the state eo- eration of Labor.
 When a judge of the city court became i'll he was appointed by the governor on January z, 19O7 as temporary judge or said court
 When the election of two additional judges of the city court of Birmingham was held by the joint session of the sen ate and house of representatives or lhe legislature on February &, 1907, the vote was as follows Nesmith, 9l; Sharpe, o4' Howze 57, and Garrett, SS. Twelve months service on the bench has followed thls election. The indorsement of the Jeffer- son County Bar follows this article, and I leave the public to judge whether or not he treats both sides of dugatloh fairly.
 In the case of Tobler vs. Republic Iron and Steel company, Judge Nesmith ln- structed the jury to bring in verdict Tor the defendant for the reason that the plaintiff had failed to make out his case. The jury. disobeying this instruction, brought in a verdict for the plalntllI for S4OOO Judge Nesmith declined to re- ceive this verdict and instructed the jury that as a matter of law the verdict must be for the defendant The jury then re- maned out until the next day, when they brought in a verdict for the defendant, as instructed Judge Nesmith inquired the 1 reason for the delay, and was informed l that four members of the jury held out for a verdict for the plaintiff regardless of the instructions of the court. Upon ascertaining that this was true Judge Ne smith discharged the said four member or the jury from further attendance on the court and stated that he would request the jury commission not to draw their names again as jurors.
 In October 1907, Judge Nesmith moved into a home in Birmingham, which he bought on credit, and his taxes are now i assessed at more than s60Oo.
 The press some days ago contained the 1 statement that Judges A. o. Lane, Il. A.
 Sharpe and C. c. Nesmith had been nom- mated by republicans for reelection to
 the position which they now hold. No
 official notice of this has reached Judge Nesmith or myself. l regard it as
 an expression on the part of the republic 1 ans of their confidence of the men now on
 the bench The nomination was not l fa6 l Judge Nesmith not be nominated by the democratic party. to which he Is entirely subject, he will not permit the use of l his name in opposition to the democratic | nominees. E. II, CABANlSS, Chairman Campaign Committee.