The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-04
JUDGE NILES OPENS
FEDERAL COURT
Charge to the Jury. Is Spicy
and to the Point
DAMAGES TO BE PAID
Postal Telegraph Company Is Held
Liable For Delay In Delivery of
Telegram-ColIege Trustees
Are Called to Meet.

|
Judge Henry C. Niles convened the
spring term of federal court here yes
terday tn ere being the usual large at
tendance of attorneys, witnesses, jurors
and litigants.
| In his charge to the jury Judge
Niles is always interesting for the rea-
son that he does not mince words and
goes over the list of crimes and mis-
demeanors with great precision. He
never fails to pay his respects IN no
uncertain language to the blind tiger
and the pistol toter declaring them
the most dangerous elements in the
land, the injury they do being of far
reaching effect, and causing more
misery and suffering than any other
agencies known to the courts. The
grand jury was directed specially to
go out after this clas1of violators OF
the laws of the land.
| The jury was also directed to look
carefully into cases of postoffice short
ages and defalcations, the misuse of
funds belonging to the government of
which class of crimes there are always
quite number before the court. The
cutting of government timber is an
other source of great annoyance to
those charged with the care and preser-
walton. of same and the jury was in
structed to look into all such matters
carefully.
The crime of peonage. had been
charged in some localities; that is,
the holding Of persons in bondage, or
in confinement against their will, and
all such cases as those should be looked
after.
Judge Niles also gave the grand
Jurors a little warning-fair warning,
at that--to the effect that if they told
anything that TRANSFERRED in the grand
jury room and he could find out the
guilty party, the man who was doing
the leaking, he might expect trou-
BILE.
There was another matter to which
Judge Niles called the attention of the
grand jurors, and rather dared them to
be found guilty at this term Of his
court, and that was that heretofore
| it had become known that some of the
jurors were patronizing the Jackson
blind tigers, some of them even get
not want to hear of anything of that
kind again, and intimated that If 1t
did happen there would be trouble sure
enough.
The Postal Telegraph and Cable COM
pany will have to pay the difference
between the price of cotton the day a
Jackson dealer ordered it sold al
Havre, France, and the next day, be-
cause of the failure of the Postal to
get the message to it's destination in
a reasonable time.
Floyd Willis, Jackson cotton buyer,
had sold 1900 bales of cotton to a
dealer in Havre, on call, the seller hav-
| Ing the right to say when the cotton
sh ould be taken, and the price to be
fixed by the price at Liverpool the day
mentioned by the seller. The telegram
was filed at Jackson at $50 a. M, and
should have reached Havre in 40 min
utes or less time, which would have
been before the close of the Liverpool
market However the telegram did not
reach its destination for two or three
hours, and after the close of Liverpool,
| wherefore Willis lost his "call' for
that day.
| Next day the price of this cotton al
Liverpool was pence less than on
| the day before, and Mr.. Willis lost
about $500 because of the failure of tn e
Postal to get the message through on
time. The circuit court here held that
the Postal was liable and the supreme
court takes the same view of the mat
| ter, declaring the Postal's excuse that
1t was crowded with business that day
did not hold good.
| Threefoot Bros. & Co. of Meridian Or
dered a carload of fruit from the Malaga
Packing company of California, same to
| be shipped on October 20. The goods did
not arrive till in November, and Three
| foot claimed he was damaged $500 by the
delay. They also claimed to have paid
| $50 more freight charges because the
goods were shipped over the Santa Fe in
stead of the Southern Pacific, as they had
| Instructed by letter. though the California
| company testified they never received any
| letters of instruction as to what road
| to shin over. Threefoot was given q
| verdict in the Meridian court, but the su-
preme court reverses and remands the
case, with the injunction that the only
| damage Threefoot suffered was the $50 in
creased freight, as he received his goods
| Just as soon over one road as he would
| over the other.
The Merchants and Planters bank OF
Collins will be forced to stand the loss
| of II shares of stock belonging to M
w. Curran, an old and well-to-do farmer
who could not read and write, and whose
son put the stock up as collateral for g
loan. The son failed in business somt
months after that, and then for the first
son had played him. He sued for his bank
stock and gets It.
A call has been issued for meeting Of
the board of trustees of the Mississippi
Normal college, ordered built by the late
legislature. at the office of the governol
| on Saturday next at II O'Clock and II
view of the fact that this is the frs
meeting Of that board the chances ar,
that every member will be on hand.
i.%e members are j. c. FAINT of Merid
ian. Joe Cook of Columbus, p. H. Sanders
of Laurel, j. T. Thomas of Grenada, j. e
Brown of Blue Mountain, w. T. Lowrey
of Clinton, w. H. Smith of Durant, r
P. Scott Of Brookhaven and Governor
Noel and State Superintendent Powers
both of whom are ex-officio members.
The object of the meeting is to organic.
and get ready for business. The board
is authorized to invite bids for the loca.
ton of the college and several of tn.
larger cities and towns of the state are
after it,
The suggestion has been made that the
oP ha "a xoI n,