The Birmingham age-herald., 1908-02-27
COURT OF APPEALS.
Opinions Handed Down In Severa
 Cases of Special Interest.

New Orleans, February 25.-(Special.)- The United States circuit court of ap- peals handed down opinions in the foi- lowing cases yesterday:
 James G. Lowdon, president, and Otto W. Steffins, vice president. of the Amer ican National bank of Abilene, Tex, were indicted on March 21, 1906, for embezzlc- ment of funds from the bank of which they were officers. About April 9, 1906, they were tried jointly and convicted. Judge Meek, who presided in the trial of the case, sentenced the prisoners to five years imprisonment in the Atlanta peni- tentiary. The defendants thereupon ap- pealed to the United States circuit court of appeals and that court by Judge Shelby. reversed the decision of the trial court passing the reversal upon the fah ure of the court below 10 exclude certain improper remarks of the district attor- ney in his address to the jury.
 The defendants were again tried and convicted at the April, 1907, term of the United States district court in the north ern district of Texas, and again appealed to the United States circuit court of ap- peals. This court, the same judges act ing as upon the former appeal, have de- clared that there is now no reversible er- TOT in the record, and have therefore af- firmed the judgment of the lower court. Unless the defendants apply and obtain a writ of certiorari from the supreme court, and succeed in reversing the judgment of the court of appeals. they will be taken to the United States penitentiary at Atlanta to serve their sentence of five years. No elaborate opinion was rendered on the last appeal. The opinion on the first appeal is reported fin 149 Fed. 673.
 Shelby, circuit judge: 1705-Sea Insur- ance company of Liverpool, England, ct al. vs. Vicksburg, Shreveport and Pacifio Railway company. Error to the United States circuit court for the Western dis trict of Louisiana This is a suit by four insurance companies, which were subro- gated to the rights of certain bailors, whose cotton was burned while in the pos session of their bailee, a cotton compress company. It Is claimed that the fire started from sparks emitted by an engine of the defendant company, due to de- fective spark arrestor. The main ques- ton at issue upon this appeal is whether the contributory negligence of the bailee can be imputed to the bailors. The de- cision of the court Is in the negative and the case is reversed and remanded for new trial.
 16ss-W. J. Butler, receiver. vs Western German bank. Appeal from the United States circuit court for the Southern dis trict of Florida. The decree amended and affirmed
 By the court 17O2-Atlantic Coast Line Railroad company vs. Lott R. Warren. Error to the United States circuit court Southern district of Florida; affirmed.
 1672-William Gordon ys. Charles Dilling- ham, receiver Houston oil company of Texas. Appeal from United States circuit Ncourt, Southern district of Texas; affirmed on authority of White vs. Ewing, 15s U. s. 36s
 172s-United States vs steamship Es- partas>. Appeal from United States district court, Eastern district of Louisiana; af- firmed.
 1626-Southern Bell Telephone and Tele- graph company vs. James M. Arnold. Err TOT to the United States circuit court, Northern district of Alabama; affirmed.
 1e91-F. P. McElroy ct al. vs. J. L. Me Crory trustee. Appeal from United States district court, Southern district of Florida; affirmed
 1676--Vacaro Bros. ct al. vs. E. A. Waters ct al. Appeal from United States district court for the Eastern district of Louisiana; petition for rehearing denied . 1I41-Emmet Landry trustee, vs. San Antonio Brewing association. In bank ruptcy; petition for rehearing denied
 1625-Annie F. Snow ct al vs R. R. Hazlewood ct al- Appeal from United States circuit court Eastern district of Texas; the petitions for rehearing are denied.