The Montgomery advertiser., 1909-06-18
ERROR AS TO
RELATIONSHIP
George w. Lowman Gets
New Trial.
WAS CONVICTED OF MURDER
Juror Challenged Because Of Alleged
Z Relationship.
Order Granting shelby County citi.ens
Freedom Durfng Recent strike
r. Also Reversed By
Supreme Court.
WAS CONVICTED OF MURDER

f
Just for allowing the solicitor to
challenge juror, MIR Hall. because his
wife and mother-in-law Of the defend
ant were frst cousins, the judge Of the
jackson Circuit Court made such an
error as will give George w. Lowman
a new trial for the alleged murder OF
Ellis Dearmsn last year. For this
crime he had been convicted and sent
enced to imprisonment In the peniten-
tiary for ten years. All the other as
signments of error would have availed
the defendant nothing.
The Supreme Court. speaking through
Justice Sayre, holds that the juror in
the case referred to was not related
by consangulnity to the mother-in-law
OF the defendant by being her frst
cousin. For this reasop the challenge
should not have been allowed.
Jim Hill. of Admission, gets his sent
ence of two years and four months af-
nrmed for maliciously shooting into q
train loaded with people.
Another important decision Of yes
terday was that reversing the order Of
Judge of Probate "A. P. hongshore
granting liberty to eleven citizens OF
Shelby County charged with murder
by dynamiting during the recent riin-
ers' strike In that region. Tho opinion
of the court had not been drafted yes-
terday and the effect only was known.
General Lee, Ed jackson. Ed Bar
rington. Charles Holiins, Henry Cuth-
bert. Henry Ross, Jim Jonv, Frank
Mcintosh John MCGOWAN. Wil Robin
son, Homer L. Harris, Joe Green WIN
McDade. Elisha Patton and VIII Mat.
thews were all arrested by the Sheriff
of Shelby County on the charge OF
murder, warrants for each having been
sworn out After preliminary trial the
Justice OF the Peace ordered them to
jail on mittimusses. Thereupon they
petitioned for writ of habeas corpus
ON whose hearing they were released
az thew ofrered proof or alibis. The
State appealed and by the opinion OF
yesterday the men remain In FAIL pend
ing their regular trial.
Prohibition Ruling.
The Supreme Court yesterday ruled
as 1t did a few days ago and ordered
the prohibition case of the State VS..
W. v. Pearson OF Mobile County re-
stored to the City Court docket whence
1t was stricken by Judge o. J. Semmes.
The mandamus sought by the State
was granted, the court holding that
the law 10 valid which dispenses with
indictments in prohibition cases but ell
lowing trial by jury when requested at
the proper time.
John williams of Admission, who ON
February 3, 1903, shot and killed Char
lie williams on account of family trou-
bles, had his sentence Of twenty years
affirmed
Because the grand jury which pre-.
ferred the indictment against him was
organized by a court that had by the
operation of law adjourned, jim Ste.
phens won his freedom ana cannot be
tried for larceny with which he had
been charged The judgment finding
him guilty 10 void.
The full list OF opinions handed down
yesterday follows:
ANDERSON. j.
A. e. Fields, ct al, VS.. ]. W. Hen.
derson, appeal from Walker Law and
Equity Court, reversed and rendered
Republic Iron and Steel Company vs..
William F. White, appeal from Jefter-
son Circuit Court; afirmed.
John Vary VS.. r. D. Smith, appeal
from Jefferson Chancery Court; at
firmed.
H. r. Jordan W. s. b. smith, ap-
peal from Cherokee Circuit Court; re-
Yersed and remanded.
J. K. P. Beard vs.. John Hicks, ep-
peal from Gadsden City Court; af-
firmed.
Stevenson and HerzfeId VS.. M. H.
Whatley. ct al. appeal from Clay
County Court; affirmed.
State of Alabama VS.. General Lee, ct
al, appeal from order of Judge of Pro-
bate of Shelby county discharging de-
PENDANTS on habeas corpus: reversed
and rendered.
The State ex rel etc. VS.. o. ]. semmes.
petition for mandamus or other RENEE
dial writ; mandamus awarded.
A. Montgomery, Jr., vs. @. w. Patter-
son, appeal from Etowah Circuit Court;
affirmed.
MCCLELLAN, j.
Charles A Swift, ct al. va. John G..
williams, appeal from Baldwin Circuit
Court; afirmed.
2. T. Rudolph We. City of Elyton.
appeal from Jefferson Chancery Court;
affirmed.
Atlas Coal Company VS.. G. O..
O'Rear, appeal frof Walker Law and
Equity Court; reversed and remanded.
Wilmer Lumber Company We. Thomas
]. Eisely. appeal from Mobile Circuit
Court; reversed and remanded
Tom Vernon va. the State OF Ala
bama, appeal from Admission City Court:
reversed and remanded.
Tim Feagin. ct al VS.. City of Alfalfa,
appeal from Gadsden City Court: re-
versed and remanded.
Jim Stephens vs.. the Seate OF Ala
bama. appeal from Clay County Court;
appeal dismissed.
jim stephens VS.. the State of Ala
appeal from Admission City Court; at
firmed.
Southern Railway Company VS..
Charles C Dickens, appeal from Mo-
bile Circuit Court; reversed and re-
manded.
The state Land Company VS. Jack
Mitchell, appeal from Mobile Chaneery
Court; affirmed.
Maxwell and Delehomme vs.. Terry L
Moore, appeal from Mobile Law and
Equity Court; affirmed.
SAYRE. j.
]. A. Jsmerson W. M NJ. Freed.
appeal from Birmingham City Court:
affirmed
George Lewman VS.. the State Of
Alabama. appeal from Jackson Circuit
Court; reversed and remanded
John Williams VS.. the State OF Ala
bama. appeal from Admission City Court;
affirmed. -.
Birmingham Railway. Light and
Power Company VS.. Melvie Parker, ap-
peal from Jefferson Circuit Court; at
firmsd.
Lovick w. Phillips VS.. Birmingham
Industrial Company. appeal from JET
ferson Chancery Court; affirmed.
John Smith VS.. the State OF Alabama.
appeal from Randolph Circuit Court;
afirmed.
sioss- shefaeld Steel and Iron Com