The Birmingham age-herald., 1909-06-27
LAWYERS SPEAK AND CROWD SWELETRS IN CLABAUGH SUIT. Judge Lane Will Deliver His Charge to the Jury To-
 morrow Morning HEAT PROVES TERRIFIC
 IN STUFFY COURTROOM cabaniss and WeatherIy Speak in Be- half of Defendant and Johnston
 Closes win Speech for
 the Plaintiff.

The arguments in the case of Hinton c. Clabuagh against James A. VanHoose, suit for $130,O00 damages on trial before Judge A. O. Lane in the circuit court, was concluded yesterday afternoon short ly after o'clock, Forney Johnston clos Ing for the plaintiff. Judge Lane, stat ing that he did not wish to rush the case to any immediate or nasty conclusion because of the fact that he believed It should receive the most careful consider ation, informed the jury that he would de- liver his charge in the case Monday morn- ing, wherewith he excused them until to- morrow morning at o'clock, admonish- ing them to allow no one to discuss the case with them.
 Suffering from the heat yesterday was intense In the court room.
 Out on Fountain Heights. one of the highest points in the city, where the weather bureau is situated and where the cool breezes which jump over Red mountain first touch the ground after sailing over Jones' valley, the maximum temperature recorded was 92 degrees. In the depressing quarters allotted to Judge Lane at the courthouse the anti-deluvian thermometer which is now decrepid and suffering severely from sentility, and which Is naturally none too active, re- corded upwards of 95 degrees and occu- pants of the hot-box court room were con- vinced that the temperature known as the point of ebullition, or PIP degrees Fahrenheit, was reached.
 Worse In Afternoon.
 During the morning 1t was bad enough, but as the afternoon hours wore on and old Sol assumed a defiant position in the western sky the bright and beautiful and at the same time vicious and aggra- vating little sun rays which fell upon the stone walls of the county Jail, which had alrady been "roasted" to a white hot temperature, merely glanced off of the confnlng structure of masonry and apparently bounded into the court room to bake and make life miserable for those necessarily engaged in a fierce and trying battle of law.
 Everybody complained. Every hour and sometimes at shorter intervals Judge Lane would declare a short recess to all low those engaged in the case to go out into the lobby, which was shade cooler than the court room. It was noted that fans were at a premium and that pos , sessors sat upon them when they wero not in use for fear that some one might make a getaway with tiem. It was also noted that MT. Weatherly, that handsome attorney for the defense, had, for the sake of reasearch, discarded his tan socks and substituted black ones, thinking perhaps ar 01aaS the previous day.
 And then Judge Lane put in his com plaint. He related that he knew of a lit tie cave at Avondale where he said a cool breeze blew all day long, and during one of the many recesses he instructed his friends to this effect:
 If on tomorrow you find that I have mysteriously disappeared, please don't have anything sensational in the newspa- pers about 1t. Just instruct callers who may seek me that they will find me In the little cave near the spring at Avon-' dale park There Is cool sparkling water there and the subterrenean breezes which blow are refreshing. If you need me and can't find me elsewhere. call at the lit- tie cave"
 And then there were two jurynen who sat in a corner which the breeze could not have penetrated had there been ono, who said they knew of a cool spring branch, shaded by great water oaks and where little fish loved to gambol and they told his honor that if he decided to call the case in night session tonight he could find them in this little branch. Others said they would apply for posi- tions at the ice factory immediately upon being discharged from service in the ca- pacity of jurors.
 And so when occasions permitted it everybody discussed the heat, good-na- turedy sometimes, but, though figura- lively in instances. seriously at all times.
 Down to Business Promptly.
 Judge Lane got down to business with the case yesterday morning promptly at e:30 o'clock. The first argument for the plaintiff having been concluded on the preceding afternoon, MT. Cabaniss. for the defense, began his argument promptly yesterday morning without any prelimi- narles being gone through.
 First addressing the court in the mat ter of the law bearing on the case MT. Cabaniss read citations from various de- cisions handed down from the higher courts of the land which had reference - ----------- -