The Birmingham age-herald., 1909-04-16
MOTION FOR NEW TRIAL ID BE MADE Counsel for SorSby Will Sub-
 init Papers to Judge MORE ABOUT LIQUOR CASE Sims Express and Telegraph Company Discovers That It Had No License
 to Transact Business In
 Mississippi.

Mississippi.
 Jackson, Miss, April 5.-(Special Ut Is understood that the attorneys in the Sorsby case are preparing their motion for new trial. and that same will be submitted to Judge Potter's court on Fri day morning. It is further stated that the attorneys have something in the way of new testimony to present to the court in this motion for the new trial, but the chances are that it will have to be very strong to secure favorable action at the hands of the court
 The motion for the new trial being re- fused, as it doubtless will be, the att torneys for the defense say they will prosecute an appeal to the supreme court. but the sentiment of the community is that they would do well to let the yer- dict for life imprisonment stand, and trust to luck and the tenderness of the heart future governors to get Sorsby out of the penitentiary.
 A great deal of guess work and spec ulation has been indulged in as to the ballots taken by the jury in this case but careful inquiry of members of the jury develop that only two ballots ever were taken. The first stood five for the death penalty, and seven for life term. The matter was then discussed by the jury and the second ballot was unanimous Tor the life term. It is true, however that two jurors, Key and Jones, favored an acquittal. though they cast no regular ballot to that effect.
 Sorsby has 'cut out' that vacant stare' he wore all during the long trial. and according to reports from the jail is as sane as anybody.
 Regarding the filing of the charter Of the Sims Express and Telegraph. com pany of Louisiana with the secretary of state of Mississippi at this time after the state of Mississippi has seized the thousands of dollars worth of whisky carried in depots and warehouses on this side of the river at Natchez-Attorney General Stirling thus writes Secretary of State Power:
 T beg to advise that this charter can- not be filed in your office for the fol- lowing reasons:
 T. The copy of the charter is not prop erly authenticated.
 '2. The so-called company or corpora tion is not doing business in the state of Mississippi, and unless notifications are made in orders of courts having juris- diction, it cannot hereafter do business In Mississippi. an injunction having been issued by competent court restraining the company or corporation from doing business in Mississippi
 B. A suit has been filed by the state for penalties in the sum of s5OOO. for breach of the law by this corporation. state will not authorize 1t to do business or recognize it's existence, or right to do business in Mississippi.
 A. It Is alleged in pleadings filed in proceedings instituted by the state that the Sims Express and Telegraph com pany has violated the law of the state of Mississippi by doing those acts which warrant forfeiture of it's franchise, or rlght to do business in the state of Mis- sissippi.
 "5 That it has forfeited its right to do business in this state because Of it's persistent refusal to comply with the laws thereof.
 6 Because said coS poration has mis- used and abused its corporate franchise and for other reasons not necessary here to be given"
 This is the corporation that applied to Mississippi for charter and was turned down by the governor and attorney gen. eral several months since, and which then ala got it. Business was soon opened up in Natehez, and when Attorney General Stirling went to Natchez to investigate he found from s50G0 to sl0,000 worth of whisky stored in the warehouses of the com pany. It was seized in the name of the state The company has since discov- cred that 1t had never compiled with the law or the state which requires foreign corporations to file their charters in Mis- sissppi if they would do business here. 
 Letters received here from ex-Governor Lowry, general commanding the United Confederate Veterans in Mississippi, and who has been in New Orleans for the past several weeks, recuperating after long and serious spell of illness, dur ing which his life was often despaired of, are to the effect that he is slowly but surely improving, and expects to return to Jackson in two or three weeks. He also expresses the hope that he will be able to attend the Memphis reunion with the balance of the boys" and they one and all hope that he may.
 Governor Noel has been advised of the death of J. c. Brandon, treasurer of Washington county, and will decide on his successor Friday or Saturday. It is understood there are two applica . 70 n hnt One is G. M. Wheeler, the man who made the very close second race with the deceased treasurer at the general election two summers ago, and his !! friends have wired the governor to h old up the appointment until they can sub init his claims.
 The other applicant is J. T. Archer prominent citizen of the county, who is indorsed by the family of the dead man. and who was the brother-in- la W 1 of the deceased. It is stated that he has agreed to turn the salary of the | office for the balance of the current | year over to the widow in case he is |