The Birmingham age-herald., 1909-02-16
TWO PHILLIPS BOYS
 ARE NOW ON TRIAL

The trial of Marvin and Wesley Fhli- lips, sons of J. M. Phillips, one Of the best known men in Elmore county IS oe- ing heard in the first division ot the erlIh- inal court, Judge Dan A. Creme presiding The two young men are charged Wlth grand larceny. 1t being alleged that they ran away with a horse, buggy and ser of harness belonging to the Monarch LlV- cry company of Birmingham. The case IS creating intense interest and the corfl- dors leading to the criminal court were crowded all day yesterday with specta- tors and witnesses.
 The case is one of the biggest of the present term of the criminal court. Near ly 100 witnesses nave been summoned, most of them from the vicinity of Elec- tric, in Elmore county, and a striking fea- ture of the trial is the brilliant array of counsel engaged in the case. Representing the defendants Capt Frank S. White of this city is leading the de- fease. Assisting him are Capt Tyler Goodwin of Montgomery Frank Lull of Wetumpka, Henry Riddle of Goodwater and Capt Felix Smith of Rockford. So- lctor H. P. Hefn, Assistant Solicitor Frank Cahalan and White Gibson are the prosecuting attorneys.
 The indictment against the two young men EnaIReS Illal O1 D6CGIlDtt Dis 1juos the two young men rented a horse and buggy from the Monarch Livery com pany and made away with it.
 It will be recalled that a warrant was sworn out against the Phillips boys in Birmingham and that they were arrested in Montgomery. Following their arrest warrants charging Kidnapping were sworn out against the arresting detectives who had failed it is said, to get out war ba uro DpfDrR Elmore county justice.
 In their defense the two boys are trying to prove an alibi and the defense has affidavits made by Elmore citizens &C., counting for the whereabouts of the Phil lips boys during almost every hour during December S1. Yesterday afternoon more than a score of character witnesses were placed on the stand and all testified to the good character of the two defe1d- ants in the community in which they live.
 The case will probably consume the greater portion of the time of the court today and it may possibly require longer to complete the trial.
 The various divisions of the county courts got down to business yesterday morning with unusual dispatch. Ere quently the Inauguration of the weeks work in the courts is delayed in the or ganization of iuries for the several di- visions. but yesterday everything went off smoothly and all of the courts were down to business before the dinner hour
 In Judge Coleman's division of the circuit court the case of Alice Cain ys. George Hyde is on trial. In the case of Tom Qurter Sr., vs. Tennessee Coal, Iron and Railroad company a consent judgment for $25 was rendered. In the case of Tom Qurter, Jr., by next friend, vs. Tennessee Coal, Iron and Railroad company a consent judgment for $50 was rendered.
 In Judge Lanes division of the cir cult court the case of Mollie McGraw ct al. vs. City of West End is on trial. The case of Maurice Epps vs. Birmingham Railway Light and Power company was dismissed. In the case of Caleb Casey ct al. vs. Dimmick Pipe company a consent judgment for $500 was rendered.
 In the first division of the city court the following cases were disposed of: Frederick Moesser vs. P. G. Smith, non-suit; J. N Alexander ys Charles Perolio dismissed; J. H. Scruggs vs. Genie Woodward, judgment for $135; Wood -Dickerson Lumber company vs. Mrs. Minnie Roegner, dismissed; Caro- lima Portland Cement company vs. Fire Proof Construction company, Judgment for $43S.60; Wood-D Dickerson Lumber company vs. Mamie McGuisey ct all, judgment for s9S.62.
 The case of J. R. Crawford vs. Bir- mingham Railway, Light and Power company is on trial in the second divis- ion of the city court
 In the third division of the city court the case of s. w. Taylor vs. Birming- ham Railway, Light and Power com pany is on trial. The plaintiff sues for damages for the death of his wife. who was killed by a street car, it is alleged, on First avenue about two years ago. In the case of Vester McDonough vs. Birmingham Railway Light and Pow CT company a consent judgment for $500 was also rendered in the case of Texie Marx administrative. vs. Louis- vile and Nashville Railroad company.
 Disposition was made of the follow ing cases in the chancery court yester- day: Mary Prescott vs. l.. c. Prescott, decree everything demurrer; J. T. My rick vs. L. M. Myrick ct al, decree overruling demurrer; J. c. Walls vs. D. Brophy ct al, decree sustaining de- murrer. The case of William J. Ran dall vs H. c. Howell ct al. is being argued before the chancellor. Disabil- ity of homage were removed yester- day for Charles D. Weller.
 In the second division of the crim- inal court, Judge S. l.. Weaver pre- siding, misdemeanor cases are on trial this week.