The Birmingham age-herald., 1918-06-30
ORDER OF MOOSE GRANTED NEW TRIAL
 IN DAMAGE CASE
Conviction in Montgomery Prohibition Cases Are Re- versed on Trial by
 Jury Law

Montgomery, June 29.-(Special. )-Ten original decisions and 15 rulings on ap- plications for rehearings were announced by the supreme court and eight original decisions and 15 rulings on applications for rehearings by the court of appeals at the close of the 1917-1s term Saturday afternoon. The courts will not be in regular session again until the first Monday in October and no call of divi- sions will be taken up until the first Monday in November.
 One of the most important decisions of the appellate court was the affirmation of penitentiary sentences imposed on Will Matthews and Charles Sanders, members of band of white cappers, which went to the home of Chris Ed monds for the purpose of administering beating, the trip resulting in the death of E1monds by shotgun wounds Matthe ys vas given 10 years and Sam ders 20 years, the charge being that San ders held the gun when it was fired and that Matthews aided Sanders in form ing the organization which had gone tC EuuloiIS HoIHc TOT LII uu1dWIu1 PuI- pose.
 The supreme court granted a new trial to the Loyal Order of Moose in ons of the famous initiation cases growing out of the death of Christopher Gustin and man named Kenny in Birming- ham in 1913 John c. Gustin was award- ed $l5,0J1 from the supreme lodge of Moose, but the supreme court granted new trial because the Jefferson court refused the defendants charges which informed the jury that no judgment could be found against the defendant unless they believed the Birmingham subordinate lodge was guilty of negii- gence in performing the initiation in such a. way as to bring about the death of Gustin.
 The cases grew out of an electrical in- itiation which caused the two deaths. It seems the electrical machine was too heavily charged and that both men were electrocuted.
 Holding that the legislature just be- fore adjournment in 1915 changed the provision of the state prohibition law which required defendants to demand trials by jury within five days after their arrest or indictment, the supreme court Saturday undid the legal work of Montgomery's cleanup campaign of last year. ruled that the Montgomery circuit court should have granted trials by jury, reversed the judgments of guilty and ordered new trials for all defend- ants
 In this decision, the supreme court reversed the court of appeals, which had decided that the law relating to trials by jury enacted during the closing days did not interfere with the jury pro- vision of the prohibition law. The su preme court said it did change this pro- vision, as the legislature in enacting the law was trying to unifyl court pro- cedure in Alabama.
 The prohibition law required defend' ants to demand jury trials in five days, but the other law gave them right |" trials by jury if demands were made within 30 days. Several prominent citi- zens of Montgomery were arrested on charges of violating the prohibition laws. They complied with the latter law, but not the former one, and Judge A. B. Foster, special judge, denied trials by jury and himself sentenced them to hard labor and to pay neavy fines. Among those convicted were w. J. Toole, George Preiss, Edward J. Ma honey and Henry Kruetner. All re- ceived hard 1apor sentences with tne exception of Kruetner. Kruetner's case was made test and in it the supreme court reversed the other courts
 The court divided five and three on the decision. The opinion prepared oy Justice Sayre was concurred in by ChieI Justice Anderson and Justices Mayfiesd and SomerviLe. Justices McClellan' Gardner and Thomas dissented