The Birmingham age-herald., 1921-01-28
APPEAL REFUSED BY SUPREME COURT
 NEGROES MUST DIE
Dan Whittle and Booker Whit tie Convicted of Murder of Col. Saren at Castleberry
 Will Pay Price

Montgomery, January T.-(Special.)-- Dan WhIttle and Booker T. Whittle. ne- groes, must die on the gallows in Conc cuh county Friday, March IS, for the murder of Colonel Saren. prominent citi- zen of that county.
 The supreme court Thursday affirmed the judgment /of the juries which tried the two negroes several months ago. Saren was shot to death at a gasoline filling station at Castleberry. The nA- groes contended that they were forced to shoot to protect their own lives after Saren had warned them that he intended to kill them. Jake Crenshaw, Butler county negro, who was sentenced to death for the nur- der of Mrs. Laura Gafford at the Gaf- ford home in the interior of Butler county, was granted new trial Cren- shaw was convicted on circumstantial evidence, and many persons who heard the case have contended that the ev- dence was not sufficient to justify the death penalty. The supreme court or dered another trial on the ground that the trial court did not permit attorneys for the defendant to furnish all evidence in their possession which was favorable to Crenshaw.
 The negro fled to Birmingham follow ing the killing, according to the con tention of the state. He insisted that he planned the trip before Mrs. Gafford was killed and sought to submit evidence showing that he had told friends several days before the murder that he intended to move to Birmingham. The court re- fused to permit the submission of this evidence and the supreme court he'd this refusal to be an error which de- handed another trial.
 Other decisions announced by the su- preme court Thursday follow
 OTHER DECISIONS
 Anderson, c. J-Ex parte Phelon lid we'll, administrator etc, CRe. Patton vs TidwelD, petition for certiorari to court of appeals; writ awarded.
 Mcclellan, J.-Harry Eddins vs Gal loway Coal company, appeal from Bibt circuit court; affirmed. J. F. Watkins vs. Roden Coal company, appeal from Bibb circuit court; affirmed Jake Cren- shaw vs. the state of Alabama. appeal from Butler circuit court reversed and demanded.
 Sayre, J.--Wiley Allen vs. Southern Coal and Coke company, appeal fron Shelby circuit court; affirmed. E. D Willett vs. John P. Weaver, treasurer appeal from Calhoun circuit court at firrned. Ex parte E. c, Payne Lumber company (Re. Simpson vs. Payne Lun.- Der company, petition for certorari tc court of appeals, reversed and remanded
 Somerville, J.-Thornton Cleveland vs
 
 from Bibb circuit court; affirmed Booker T. Whittle vs the state of Ala bama, appeal from Conecuh circuit court affirmed (date of execution set for Fri day March IS, 192D. H. B. Fuller, guard ian, etc, vs. M. A. Vincentell, guardian etc, appeal from Montgomery probate court; affirmed. J. w. Vinyard vs. Re public Iron and Steel company, appea from Jefferson circuit court; affirmed
 Gardner, J.--R. C. Cross vs. Bank oi Ensley ct al, appeal from Jefferson cir cult court (Bessemer divison); affirmed Z Cross, ct al vs. Bank of Ensley, ct al appeal from Jefferson circuit cour' Bessemer division). appeal dismissed M Brody vs Hunter Armstrong appea from Jefferson circuit court in equity affirmed.
 Thomas. J.-William Johnson vs. Bloc ton Cahaba Coal company appeal Iron Bibb circuit court, affirmed. Dan Whit tie vs the state of Alabama, appeal iron Conecuh circuit court; affirmed (date O execution set for Friday, March IS. 192D
 Miller, JIG. Kuykendall vs. Mary NJ lsdmondson, administrative. appeal iron Marshall circuit court; reversed and re manded.
 Per Curiam - sam McFadden vs Southern Coal and Coke company, appea from Shelby circuit court; affirmed E. White vs Southern Coal and Coke com pany, appeal from Shelby circuit court affirmed. Jesse Benton vs. Souther Coal and Coke company, appeal iron shelby circuit court; affirmed Charli McClendon vs. Southern Coal and Cox company, appeal from Shelby circui court; affirmed. Ed Allen vs. Souther Coal and Coke company, appeal iron Shelby circuit court; affirmed. Nationa Life Insurance company vs. Lueli Abernathy, appeal from Jefferson circul court: reversed and remanded.