The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-08-28
REQUEST IS REASONABLBE

Judge Kelton, of counsel for the de-
Tense, pointed out that the request Tor
a continuance was not unreasonable, as
the case had been filed only two
months, and that it could be set at
the next term of the circuit court in
Blount county about December l. He
also argued that even if the trial
should be begun at this time without
the attendance of Lieutenant Governor
Miller, 1t was highly improbable that
it could be concluded this week. and
the court already had a full docket set
for the coming week. Furthermore,
there were several local cases set for
hearing ahead of this cause, and as the
witnesses were present and the causes
were ready for trial, the remaining
time of the present week should be
consumed with them.
John w. Altman, counsel for the
plaintiff, stated that the pla1ntlff was
ready for trial, that the possibility of
the absence of Mr.. Miller had been
considered at the time the pleadings
were settled and that the plaintiff, act
ing on the belief that the case would
be tried even if Mr.. Miller and other
counsel for the defense were not pres
ent had gone to considerable trouble
and expense. He urged the court to
enter upon the trial, stating that the
counsel present for the defense was
sufficient, and if not ample time had
been had to secure additional counsel.
Judge Weakley contended that even
if Mr.. Miller were not present that
Hugh Morrow, of counsel for the de-
Tense, should be there. He stated that
he was informed that Mr.. Morrow was
engaged in Montgomery at the legis-
lature in behalf of certain large in
terests" and that that did not con-
stitute sufficient cause for his absence.
Mr.. Graham stated that Mr.. Miller,
as the attorney for the Age-Herald,
had handled the case, that he on his
own initiative had engaged MIR. Nor
row. that Mr.. Morrow was engaged in
Montgomery, not only in behalf of GER
tain large interests" as announced
by Judge Weakley, but that he rep
resented the labor organizations and
the people of jefferson county gener-
ally.
Judge Kelton told the court that
there were several cases of Blount
county 1itigants ready for trial that
would consume the remaining days OF
the week, that the witnesses were pres
ent and it would be unfair to them
to sidetrack their cases to take up
case from outside the county which
was the last on the docket for the
week.
Judge weakley expressed the opin-
ion that there was ample time to con-
clude the suit even if it were not
started until tomorrow. He laid con-
siderable stress on the Inconvenience
and expense to which Mr.. Huddleston
had gone in coming from Washington
to Birmingham at this time. You
know how expensive it is travelling
from Washington to Birmingham these
days." said Judge Weakley. And
there is the expense of riding in the
Pullman cars. I suspect that George
came in a Pullman travelling over
night" he added, amid the laughter
of the spectators.
MR.. BARRETTS STATEMENT
E. w. Barrett, editor of The Age-Her-
aid, was granted permission by Judge
steele to make a statement to the
court More than 20 years ago. pur-
chased the control of The 'Age-Herald
and since that time Mr.. Miller has been
the attorney for the paper" he said
He has represented The Herald
in all litigation and in every legal mat
ter during that time. He has prepared
this case. and 1 am relying on him as