The Birmingham age-herald., 1913-11-13
Judge Crow Reverses Earl
ier Decision on Appealed
Prohibition Cases
VAGRANCY CASE IN
CRIMINAL COURT
Mistrial in Waterworks Case Which
Began Trial 10 Days Ago-Three
Wills Are Probated
Yesterday

Frank Marina, white, was found
guilty OF vagrancy by jury in the
first division of the criminal court yes
terday and a fine of $3.50 assessed
against him.
The case went to trial before Judge
Alston, special Judge, yesterday after
noon, Marina acting as his own attor-
ney. The indictment on which he was
tried contained several counts, such AS
gaming and other offenses that consti-
tute the offense of vagrancy. In his
argument before the jury. which was
somewhat lengthy, Marina threatened
to expose certain conditions connected
with the gambling fraternity OF the
and at o'clock the jury had arrived
at verdict. Judge Alston recognized
the defendant until $50 this morning
on his appeal bond.
Among the other cases tried In the
criminal court by Judge Samuel e.
Greene and Judge Alston were Rayheld
Booth, charged with grand larceny,
not guilty; Willie Wood. larceny. not
guilty.
In the case of Frances Carpenter,
charged with the murder of her hus-
band, the jury found her guilty of man
slaughter in the first degree and fixed
her punishment at seven years In the
penitentiary
In addition to the cases tried the
judges otherwise disposed of "a number
of cases. Many were nolle pressed.
some forfeitures were taken and sew
eral passed until a later day in the
week. A large docket Is set for today.
Judge Crow Reverses Himself
Judge E. C. Crow of the circuit court
posed by him in the case of 4. B.
Smith, charged with violating the pro-
hibition law. The case was tried be-
fore jury in the circuit court Mon
day. the jury finding the defendant
guilty and imposed a fine of $50. In
addition to a reprimand delivered in
the presence of the jury, Judge Grow
went the jury one better and imposed
an additional sentence. of three months
imprisonment
Yesterday morning Attorney John p.
ADDOtl ifOtion tAdt thC Jcii
sentence be set aside on the ground
that Judge Crow had no authority by
law to impose 1t. To substantiate his
motion Mr.. Abbott read a recent decis-
ion of the supreme court of Alabama
rendered May IL, 1912. from the 58th
Southern Reporter, page 725, In which
the supreme court decided that pun
ishment is either decided by the jury
or by the Judge but not by both Judge
and jury. The decision had direct bear
ing on the case In question and Judge
Crow admitted he was wrong and set
aside his prison sentence. The ruling
affected other cases In which Judge
Crow had similarly exceeded his au-
thority.
The entire docket set before Judge
Crow this week Is appealed cases from
the city police court. In nearly every
instance the jury has convicted the
defendants, although many of them are
cases of three or four years standing.
Among the convictions yesterday were
Walter Fulton, violating prohibition
law, $50; M. Coplan, same Offense, $25;
Thomas O'IIara, same offense, $50;
Thomas Collier. same offense. $500 and
month in prison; G. C. Byrd same Of
IenScp SoV. "A idT6t hummer OI cases
went off the docket by payment of
costs, a number were nolle pressed, a
few forfeitures were taken and some
were passed.
Mistrial in WaterwOrks Case
After being out all night. the jury
in the case of w. ii. Little VS.. the
Birmingham Waterworks company
failed to reach decision and yester.
day morning reported to Judge c. w.
Ferguson that they were hopelessly di-
vided and asked to be discharged. Judge
Ferguson ordered a mistrial entered on
the docket. The case went to trial Mon
day week ago and has been one of
the longest and most hard fought suits
that has been tried In the courts of
the county for years.
The plaintiff claimed heavy damages
from the defendant company, alleging
that the proximity of Lake Purdy, the
company's reservoir. to his home was
menace to the health of his family
and that it had deprecated the value
of his property.
Many witnesses were examined for
both litigants and in order to famil-
iarize themselves with the environ.
ments of the lake the Judge. jury, court
officials and attorneys spent a day at
the lake investigating facts testified
to on the witness stand. 1t Is under
stood the jury stood six for the de-
fendant and five for the plaintiff, one
of the jurors having been excused on