The Birmingham age-herald., 1916-12-31
Birmingham City Tribunal Upheld in S1S,OOO Verdict
 Awarded Kenny Heirs
INITIATION INJURY
 MUST BE PAID FOR
Sam Spicer of COvingtOn County Goes to Prison for Life on Refusal of Rehearing-Many
 Opinions

Montgomery. December S0.-(Special.) In everything the application for a re- hearing in the case of the Loyal Order of Moose versus Thomas P. Kenny Sat urday, the supreme court held that heirs of Kenny's intestate may recover $1S,0O0 for the death of the intestate in an in- itiation which was carried on by the Bir- mingham lodge of Moose. The judgment was given by the Birmingham city court and was affirmed by the supreme court By overruling the application for another hearing the supreme court ended the ap- peal and the judgment must be paid.
 In an effort to remove as many cases from the docket as possible before the beginning of the new year, the supreme court Saturday handed down rulings on applications for rehearings in 42 cases and in every instance the petition for another hearing was denied.
 SPICER LOSES APPEAL
 Sam Spicer Jr., young white man of Covington county, must go to the peni- tentary for life for the murder of his wife. The supreme court Saturday over ruled his application for rehearing of
  closing his last avenue of hope Spicer had two opportunities to prove his in- Hocence but was convicted each time His case was reversed on technical errors the first time, but was affirmed by the supreme court after his second convic- ton.
 It was alleged that Spicer employed a negro to kill his wife in order that he might obtain the insurance on her life. The cri,,oa pa11Sa5 much trOIIhIa in Cow ington county and for several days it was feared that an effort would be made to take Spicer from the jail. He was brought to Montgomery for safekeeping and remained in the Montgomery jail until the time for his trial.
 In another case the supreme court up- held the death sentence imposed on Jesse Nearer of Escambia county and fixed February IS as the day for the execu- ton. Nearer was convicted of the mur- der of Boy Clements and the supreme court affirmed the sentence of the Escam- bia circuit court He applied for a re- hearing and it was denied in a ruling Saturday
 OTHER DECISIONS
 Decisions announced:
 Jere w. Gwin ct al vs. s. N. Gore,e ap- peal from Jefferson chancery court; re- versed and rendered.
  court on Saturday are as follows:
 Joseph H. Lyons vs. Joseph B. Web ster ct al, appeal from Mobile chancery court; application overruled.
 Kate c. Duncan ct al. vs. L. c. Watson, a trustee, appeal from Perry circuit court; application overruled.
 w. F. Herbert vs Demopolis school board of education, appeal from Marengo law and equity court; application over- ruled
 Jesse Nearer, alias, etc, vs. state of Alabama, appeal from Escambia circuit court; application overruled.
 Friday, February Is, 1917, fixed as date for execution of sentence
 New York Life Insurance company vs. M. Schuer ct al, appeal from Montgomery city court; application overruled.
 E. E. Yarbrough Turpentine company ct al vs Alice V. Taylor, appeal from Au- tauga chancery court; application over- ruled.
 George Stewart, trustee, etc, vs. Louise N. Holt ct al., appeal from Autauga chan cery court; application overruled.
 Louisville and Nashville Railroad com pany vs. John B. Byrd, appeal from Montgomery circuit court; application overruled.
 Louisville and Nashville Railroad com pany vs J. J. Williams & Co.,, appeal from Montgomery city court; application overruled
 J. l.. Straughn, agent vs. Alton Brake appeal from Escambia circuit court; ap- plication overruled.
 Exparte Atlantic Coast Line Railroad company, petition for writ for prohib1' ton: application dismissed.
 Sam Spicer, Jr., vs. state of Alabama, appeal from Covington circuit court; ap' plIcation overruled.
 John McPherson vs. state of Alabama appeal from Covington circuit court; ap- plication overruled.
 Alene Louise Norris vs New England Mutual Life Insurance company, appea from Houston circuit court; application overruled.
 A. E. Walker as superintendent ano C. ", the J. B. McCrary company, ap.