The Birmingham age-herald., 1911-05-19
BAILEY CASE MUST | BE TRIED AGAIN
demanded By the Supreme Court on Technicality.
 Other Cases Affirmed

Montgomery. May 1s.-(special)-1n decision handed down today by the SUI preme court of Alabama, the case of " IL
 liam Mosely Bailey vs. the state or Ala
 bama, appealed from the Jefferson xcrlm-
 inal court, has been reversed and remand | ed to the lower court for another trial The case was one of the most noted that has been before the supreme court for years.
 | Bailey was sentenced to serve 21 years Imprisonment for an alleged carnal abuse of girl under 12 years of age. The case was appealed to the higher court on the ground that there had been an error in the trial, and that the defendant was not tried by jury to which he was properly entitled. Motion was made by the de- fendant to quash the venire, citing as his reason for such a motion the fact that the jury was not drawn as required by law; that several of the jurors were ex- cused by the court, and that other errors had been made in the trial.
 The decision of the higher tribunal, which was written by Judge Summerville, sustained the contention that the defend ant was not properly tried. and reversed and remanded the case.
 The supreme court affirmed the decision of the Jefferson circuit court in the case of the Tennessee Coal, Iron and Railway company vs O. A Cottrell. in which Cot trell was awarded sS5O0 damages for in juries sustained while in the employment of the corporation.
 rrt- 4l- .---l.- 1tk. court in awarding $1500 damages to Miss Elizabeth McCurdy for injuries sustained while a passenger on a car of the Bir~ mingham Railway, Light and Power com pany was also affirmed by the higher court
 The supreme court sustained the Jeffer son criminal court in sentencing Wiley Rudolph to life Imprisonment for the kill ing of Barney Barnhart in Jefferson county last year.
 The petition of J. w. Shepherd. probate judge of Walker county, for manda- mus, was denied by the higher court The petition for a mandamus was the re- suit of a contested election, the contest having been instituted by Charles M Sartain, who claimed to have been elected probate judge of Walker county in the election of November s, 1910. The petition moved for a mandamus to dismiss tho
 
 Other decisions handed down by th supreme court were as follows:
 Dowdell, J.: Edinburg American Mort gage Co.,. Ltd, vs. I. I. Canterbury as ad- ministrator. etc, appeal from Marengo circuit court affirmed.
 Anderson, J.. John Smith vs. Steiner & Lobman, appeal from Crenshaw circuit court reversed and remanded. Sloss-Sheffield Steel and Iron company frOr ar11a IF city court; affirmed. Will Harris vs. state of Alabama, ap- peal from Jefferson criminal court; re- versed and remanded Ben Smith vs Wilkins & Donelson, ap- peal from Jefferson circuit court; re- versed and remanded. | Alabama Cole and Coke company vs. | Empire Land company, appeal from | Walker law and equity court affirmed Southern States Five and Casualty h.
 surance company vs. R. l.. Whatley, ap- | peal from Jefferson chancery court; af- | f1rmed.
 | A Dreher & Go. vs. National Surety
 company ct al., appeal from Bessemer city court; affirmed
 Sayre, J.: c. B. Sullivan vs. Central Land company ct al-, appeal from Bir- mingham city court; affirmed. Ignatius Pollak vs. Sallie Winter, ap-
 peal from Cullman circuit court; reversed and remanded.
 l W. J. Ratchford ct al vs. Covlngton | County Stock company, appeal from 1 Chambers circuit court; reversed and re- handed
 | c. W. Bryce vs. R. I. Burke. as judge etc, appeal from Cullman circuit court | reversed and remanded. | D. l.. Rosenau vs M. F. Powell, appeal
 from Tuscaloosa county court; affirmed | Somerville, J.: Annie Wrinkles vs. James Powell ct al. appeal from Marshall chan | cery court, affirmed l The court of county commissioners oi | Washington county vs. state of Alabama
 ex rel Fairford Lumber company a cor
 poration ct al.. appeal from Washington
 circuit court; reversed and remanded.