The Birmingham age-herald., 1911-04-28
ELIJAH JACKSON
 GETS NEW TRIAL Negro Sentenced to Hang Has Another Chance.
 Other Rulings

Montgomery, April 27.-(Special.)-- Declaring that he was not tried by venire to whcih he was entitled, the supreme court of Alabama has handed down decision granting to Elijah Jackson. negro of Houston county convicted of murder and sentenced so be hanged, a new trial.
 The case was appealed from the cir cult court of Houston county, before which tribunal Jackson was convicted for the murder of Alice Saffold last May and senteced to be hanged on July IA. The case was appealed to the su- preme court and the decision of the lower tribunal was affirmed. The death sentence, however was withdrawn pending an application for a rehear- ing
 In the application for a rehearing It was shown that the judge of the cir cult court had ordered 79 persons to constitute the venire, and that only 76 were summoned, leaving a shorta ge of three. This was the ground on which the supreme court granted the appli- cation for rehearing, the court hold ing that the defendant was not tried by the venire to which he was, under the law, entitled.
 This was the only application for a rehearing that was granted out of 15 rulings that the court announced.
 The court overruled the application for a rehearing in the case of P. H. Harris ct al vs. ". M. Cosby ct al appealed from the Birmingham city court. This is the case in reference to the controversy between the Cumber- land Presbyterian church of Birmine - ham and the Presbyterian church, U. S. A., In which the latter was granted by the court rights to certain property claimed by the Cumberland denomina- tion.
 The following rulings on applications for rehearing were today announced h the supreme court.
 Mobile and Birmingham Railroad com- pany vs. Louisville and Nashville Rail- road company, appeal from Mobile cir, cult court: application overruled.
 ". A. Shriner vs Henry C. Meyer, ap- zeal from Mobile law and equity court application overruled.
 J. J. Moseley vs H. C. Smiley ct al appeal from Montgomery city court Cir equity; application overruled.
 W. J. Wilson ct al vs. Laura Kirkland executrix. etc, appeal from Coffee circuit court: application overruled.
 Fletcher McGehee ys. state of Alabama appeal from Crenshaw circuit court; ap. plication overruled.
 Elijah Jackson vs. state of Alabama appeal from Houston circuit court: appli. cation granted, judgment of affirmanc, set aside, and reversed and remanded
 J. w. Torbert vs. Sam Mcfarland. ap peal from Macon circuit court; application overruled.
 Moline Jewery company vs. B. F. Crew appeal from Coosa circuit court; applica tion overruled.
 Gretchel McCann vs. Bessie Ellis, appea from Birmingham city court; application overruled.
 Susan Bremen vs. Besise Ellis, appea from Birmingham city court; application overruled.
 Daisy l. Clisby vs A A. Clisby appea from Jefferson chancery court; application overruled.
 J. B. Dixon vs. Jane Hayes ct al, ap peal from Jefferson chanccry court; appi cation overruled.
 Birmingham Securities company vs. tn Southern university, appeal from Jefferson chancery court; application overruled
 James H. Davis ct al vs. Winston B Grant, appeal from Jefferson chancer, court; application overruled.
 P. Fl. Harris ct al. vs. W. M Cosby 2 al, appeal from Birmingham city court application overruled.
 Southern Railway company vs. Caro lina Portland Cement company, appea from Jefferson circuit court application overruled.
 R. L. Mcclellan vs. James B. Roberso & Son ct als., appeal from St. Clair cir cult court: application overruled.
 George w. Worth ct al vs. Knioker booker Trust company. appeal from Cla chancery court application overruled.