The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1913-12-25
SMITH FILES SUIT
AGAINST N. B 0. FOR
$4,000 DAMAGES
Acquitted of Murder Charge
Alleges False Imprison-
ment-News Agent
Enters Suit

Tuscaloosa December 24.-(Special)
Capt Jack Smith. formerly conductor
on the Mobile and Ohio railroad here,
has filed suit against that company
for $4,000 damages for an alleged
false Imprisonment. Another suit for
a similar amount was filed by W. e.
Bradford, formerly news agent on the
Mobile and Ohio railroad.
The suits grew out of the arrest of
Smith and Bradford following the muir
der of Special Officer Anthony McGil
who was killed on passenger train
of the Mobile and Ohio and thrown into
| Sipsey river last Christmas. Smith and
Bradford were both arrested and
charged with the murder following an
alleged confession of Napoleon Jones,
a negro porter on the train who was
also charged with the offense. Both
| men were held in the Tuscaloosa coun-
| ty Jail without bail for more than a
week, but We're later released when
| the grand jury failed to indict them
Some week later both Smith and Brad
ford were indicted by the Pickens
the jury returned verdict of not
guilty AFTER q rev minutes uellDefa-
| ton
Charge Road Responsible
In the suits which Smith and Brad
ford filed against the railroad com
| pany. 1T Is alleged that the Mobile
and Ohio railroad was responsible for
| the charges and the arrests of the
men and their detention in Jail. Fol
! lowing the arrest of Smith he was dis
charged by the railroad and has never
81, faa 10.
| legged in the suit, was later discharged
| by the news company for whom he
was working upon the request of the
railroad. e. 4. Graham of Montgom-
cry, who is the attorney for the two
men, stated while in Tuscaloosa today
that similar suits would be filed in
! Pickens and Montgomery counties, the
total aggregating 100000 in the three
counties for the two plaintiffs.
| The suits of Smith have created con-
| siderable interest. lie formerly resided
| here and was for many years prominent
| in politics and city affairs. He came
| from Mississippi and was at one time a
| member of the Mississippi legislature. He
was conductor on the passenger train the
| night McGill was murdered and thrown
| from the train. Although the evidence
adduced at the trial Of Jones. the negro
porter. showed that McGill was killed in
| the baggage car, every man employed on
the tram claimed TO nave no knowledge
| of the crime. The death of McGill was
not discovered until some hours after the
| train had reached Tuscaloosa when the
coach cleaners found blood all over the
| floor and walls of the baggage car. The
| case attracted statewide interest at the
| time of the trial on account of the pronii-
hence of Smith
| The directors of the Tuscaloosa Board
| of Trade will take no further action con-
| corning the rates now charged by the city
| for water until the next meeting of the
directors in January. This action was
| taken by the Board of Trade directors
| following the issuance of a statement by
! the members of the city commission that
the water rates would be readjusted to a
| reasonable charge at an early date. This
| statement by the city commissioners has
tended to quiet the agitation on the water
! question, which has been at fever heat
| for several days. A large number of
| citizens protested against the alleged ex-
orbitant rates, and at a meeting of the
| city commission Monday, Il. G. Blair, one
| of the leading men of the city, made an
address criticising the commissioners in
| their management of the waterworlss. The
address of Blair was made to a number
| of citizens after the city commissioners
| left the room, refusing to hear his speech