The Birmingham age-herald., 1923-03-27
HENRY ?. MERRITT. APPELLATE JUDGE DIES AT FAIRFIELD
Funeral Services to Be Held at Midway, AIa., on
 Wednesday


 Funeral services for Judge Henry P. Merritt, member of the Alabama court of appeals, who died at 2:3O o'clock Monday morning at the T. C.. l. hospital at Fairfield. following a five months illness, will be held at Midway, Ala, at II o'clock Wednes- day morning, with burial in the fam fly cemetery. Leaving Birmingham at 9:17 o'clock Tuesday morning. the remains will lie in state at Leake's s undertaking establishment in Mont gomery until B o'clock Wedn esday }, morning, when they will be removed to Midway over the Central of Geor- gia railroad.
 Active pallhearers in Birmingham, who have been requested to meet at Johns undertaking parlors at 8 o'clock Tuesday morning, are former Gov. Thomas E. Kilby, Fred M. Jack son, Joseph E. Johnson, Senator B. B. Conner. Donald Conner, Borden Burr, J. Frank Rushton, R. s. Mun- ger. Murray Brown, R. A. Porter, W. L. Martin. Augustus Benners and Hugh Morrow.
 Active pallbearers who will serve at Montgomery and Midway are Judge D. F. Laslie, J. H. Drakeford, W. E. Huddleston, R. H. Powell of Tuskegee, and Judge c. R. Bricken. Judge w. G. Sanford. Judge J. J. Mayfield, Fitzhugh Lee and Dr. W. J. Hannah of Montgomery.
 Members of the supreme court. the appellate court and the bar of Tus- kegee will be honorary pallbearers at Montgomery and Midway.
 End Not Unexpected.
 Judge Merritt's condition had been serious for many weeks and the end was not unexpected. Heart trouble was the immediate cause of his death, according to attending phy sicians, who made every effort to help Judge Merritt win his fight for life. Mrs. Merritt and members of his immediate family were at the bedside when death came.
 Besides his widow, Judge Merritt is survived by three sons and two daughters. William King Merritt of Birmingham. Henry P. Merritt, Jr., of Tuscaloosa, Marvin Merritt, Eve lyn and Elizabeth Merritt. all ot Montgomery; his mother, Mrs. Eliza beth Merritt. of San Francisco. Cal. Francisco, and two brothers, Frank and Felton Merritt, of Long Beach. Cal.
 Judge Merritt was born June z 1873, near Old Spring Hill, Barbour county. the son of Mickleberry and Margaret Owens Merritt He was educated in the schools of Barbour and Bullock county. His college work was done at Southern unfver- sity, Greensboro, Ala, and at the University of Virginia law school. He was admitted to the bar Novem . Der 30, 1883. actively entering the practice at Tuskegee in 1896, where he maintained a residence until his death.
 In State Life 15 Years.
 For 15 years Judge Merritt had been active in state political circles. He served in the Alabama senate from the Twenty sixth district in 1907 and in the house of represe., tatives from 1911 to 1919. He was speaker of the house in 1919. Dur ing his stay in the senate he was a member of the joint committee on the code of Alabama. Governor Xiii by appointed him judge of the court of appeals in November, 1919. He was elected to succeed himself in 1920 and reelected for six-year term in 1922.
 While speaker of the house he in troduced an act, adopted by both houses. creating the Alabama memo rial commission. to erect a memorial to Alabama and Alabamians in the European war He himself regis tered for military duty during the late war, his class not being called.
 He was married November 14, 1894 to Anne Seay King of Marion, Ala. The three sons born to this union all served In the army during the World war.