The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-23
FOrney Johnston Will Make
Final Argument This
Morning to Get the In
junction Dissolved
JUDGE SMITH WILL
TAKE SEVERALDAYS
TO STUDY QUESTION
Affidavits and Speeches Question
Motives of Various Persons
Connected With the
Controversy

Attorney Felix E. Blackburn, represent
ing e. Fl. Hyche, in the Nichols Fishtrap
highway controversy, complained of i'll
ness after speaking for an hour and
half late yesterday afternoon, and Judge
C. B. Smith ordered a recess until 10
O'Clock this morning when Mr.. Black
burn will continue his closing address
on the motion to dissolve the temporary
injunction granted Mr.. Hyche, by Judge
E. c. Crow, a few weeks ago, which pre-
vented the awarding of the contract to
construct the Nichols Fishtrap highway
to the Warrior river
It was apparent to the spectators that
Attorney Blackburn was not at his best
in his closing address yesterday AFTER
noon, and that the heat of the crowded
courtroom also affected him. However,
he spoke from $3.50 o'clock until nearly
8 o'clock before he announced that ILL
ness prevented his speaking any longer,
although he was not through presenting
his case.
Judge Smith looked at the clock and
then said:
TIL continue this case until tomorrow
morning at 10 o'clock"
This morning Mr.. Blackburn VIII con-
tinue his argument on the Hyche tenn
porary injunction and when he termi-
mates his speech he will be followed by
Forrey Johnston of the respondents, the
board of revenue, who it is stated will
not speak over an hour in his attempt
to discount the charges contained in the
allegations and arguments of the counsel
of Hyche, the complainant.
TAKE CASE UNDER AMUSEMENT
Immediately after Mr.. Johnston termi-
rates his argument, it is understood that
Judge Smith will announce that he will
take the case under advisement and his
decision is expected about the middle
of next week.
The session opened at 10 o'clock yester-
day morning and attorneys for Hycne I'M
inediately filed the affidavits of the wit
neSses they had summoned to the hear
ing Attorneys Terry and Johnston also
introduced some supplemental affidavits
and the answers of DR.. r. f. Lovelady
and Rufe Bivens to the amendments OF
Hyche to his original bill of complaint.
The answers of DR.. Lovelady and Bivens
denied in toto the allegations mace by
Hyche in his amended bill of complaint.
From the affidavits presented by At
torney George Ross to the court it was
| maintained that County Engineer George
H. Clark had been in frequent consulta-
ton with Col. w. w. Shortridge, admit
tedly the promoter of the Birmingham
Interurban Development company, and
also had been employed to prepare
financial report based on the surveys OF
+ IN
by the county to make the Nichols Fish
trap highway surveys. Mr.. Rogers, it
was also sworn to in the affidavits, was
the engineer that surveyed the right OF
way for the Birmingham Interurban De-
velopment company, which was on the
same survey as the Nichols Fishtrap
| road up to within a mile and a half Of
| the Locust Fork of the river.
REFERENCES TO CLARK
| In the affidavits the statement was
also sworn to that Immediately after
| passing the resolution calling for the con-
struction of the Nichols Fishtrap highway
County Engineer George H. Clark rushed
| into his private office and called up some
| body and said: THE Nichols Fishtrap
proposition went through all right" An
| other statement contained and sworn to
| in the affidavits was that which said
| that County Engineer George Clark had
maze the statement lndt tHc LAY ioi .
Ferry road was the best highway to
| the Warrior river as the Nichols Fish
| trap was a. rocky, mountainous trail that
| led to nowhere, and also that Engineer
Clark had said that the Nichols Fishtrap
! highway had been surveyed a half mile
| longer than it really should be in order
| that the highway might pass through
/ some of the land owned by Mack Blach,
| a brother of Colman Blach, one of the
incorporators of the Birmingham Inter-
urban Development company.
TERRY PRESENTS CASE
| Immediately following the presenta-
4 ton of the affidavits which were read
! to the court by Attorney George Ross,
! the defense was given its inning and
Attorney w. x. Terry spoke for an
| hour and a half for his cause.
Attorney Terry reviewed at length
| the charges of Hyche and his attor-
news, and then denounced them as fla
grant falsehoods and malicious mis-
| statements of what were known to be
| the facts He pointed out that it was
alleged in the original bill that the
/ board of revenue was about to exceed
/ its bonded debt, when as matter OF
| fact that was not even possibility.
/ Mr.. Terry contended that If the tenn
/ porary injunction was secured by one
falsehood the court had been trifled
with and that the motion to dissolve
(Continued ON Page Twelve)