The Birmingham age-herald. [volume], August 10, 1913, Image 5

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
Begin Now
To give your valuables the
protection they should have
—by renting a safe deposit
box in our steel vaults at a
cost of from $3 to $50 yearly:
The ordinary lock is but a
plaything to burglars —
while fire is a sure destroyer
—against these two chances
of LOSS our safe deposit
boxes afford ABSOLUTE
PROTECTION.
The First National Bank
Capital and Surplus
$3,000,000
ALUMNI ASSOCIATION
ELECTS OFFICERS
£>ocaI Graduates of Kentcky State
University Gather at
Banquet
The Birmingham Alumni association of
fCentucky State university gave Its first
banquet last night in the Gold Lion tea
foom. This association was organized In
June, but owing to the small number
present only temporary officers were
fleeted. At the banquet last night per
manent officers were elected for the
year as follows: J. M. Sprague, presi
dent; H. B. Darling, vice president; R. G.
fcstevens, secretary and treasurer.
The announced object of the association
Is to cherish the memory of the days
ppent at the above university, to
strengthen the ties of friendship and to
promote the professional welfare ^ of its
members. Constitution and by-laws were
drawn up and adopted, and the associa
tion placed on a solid foundation. Four
meetings a year are planned to be held
around a festive board.
The following answered to the first roll
Cali:
H. B. Darling, Birmingham; F. G. Cut
ler, Enslc-y; G. C. Watkins, Atlanta;
Charles McCarrqll, Blocton; H. G. Strong,
Woodward; R. E. Duncan, Birmingham;
R. G. Strong, Fairfield; J. M. Sprague,
Ensley; C. W. Nunn, Fairfield; A. B. Has
well, Ensley; H. J. Wurtele, Ensley; F. C.
Taylor, Fairfield; E. J. Kohn, Ensley;
John Kunzman, Atlanta; C. B. Perkins,
Birmingham; Ernest Turner, Warrior; R.
G. Stevens, Birmingham.
HAWKES IS GIVEN A
PRELIMINARY TRIAL
Man Who Killed Father of Girl He
| Ran Away With Goes to Jail
at Belle Mina
—
*Pecatur, August 9.—(Special.)—John
Ifawkes, the man who shot and killed
Tvto Henson near Belle Mina a few days
ago, was given a preliminary hearing
yifsterday at Belle Mina before Justice
Porter Bibb, and was remanded to Jail
without bond.
at will bo remembered that Hawkes
was running away with Hensons lf>
yaar-old daughter when Henson found
them in a negro cabin near Belle Mina,
and JIawkes killed Henson with a shot
gun. After the killing Hawkes and
Henson's daughter fled together and
were later arrested.
“GIRLS’ DAY”
Will Be Observed at East Lake Metho
dist Today
Today will be "Girls' Day" at the
East Lake Methodist Sunday school.
The girls of the church have arranged
a splendid programme for the occa
sion and they will have entire charge.
The programme In full is as follow’s:
Song, entire school.
Prayer.
Song, "Birmingham for Christ,” Girls’
chorus.
Scripture reading.
Violin solo. Miss Odette Tyler.
The colors:
Boyal blue, "Loyalty,” Miss Kathleen
Meadows.
White, "Purity,” Miss Lucy Jones.
Vocal solo, Miss Estelle Lambkin.
Lesson period.
Song, entire school.
"The Girls’ Council," Miss Anna Da
Vis.
Secretary’s report.
Adjournment.
The boys of the Advent will have
charge of the programme in their
school at the same hour. On August 17
the First Methodist church will have
Its special day for girls.
SHAMPOO
YOURSELF
CUTICURA
SOAP
Tonight rub your scalp lightly with
Cuticura Ointment. In the morning
shampoo with Cuticura Soap. These
emollients do much for dry, thin and
falling hair, dandruff and itching
scalps, and do it speedily, agreeably
and economically.
Cuticura Soap and Ointment sold throughout the
World. Liberal sample of each mailed free, with
82-p. book. Address “Cuticura,” Dept. 70, Boston.
*r*Men who shave and shampoo with Cuticura
•nap will dad it best tor skin and scalp.
FOWL STATEMENT
ISSUED BY THE FOUR
OFFICERSOF MOOSE
All Were Placed Under Two
Bonds of $500 Each
Yesterday
WRONG IMPRESSION
MIGHT BE CREATED
Would Not Wilfully or Intentionally
Cause Any Human Being to Suf
fer—No Effort Made “to
Whitewash 4
The four members of the Moose order
who yere ordered held Friday night by
the coroner’s jury were each placed under
two bonds of $500 each yesterday. They
are John P. Abbott, dictator of the local
lodge of the Loyal Order of Moose; D. U.
Williams, secretary; R. E. Vanlanding
bam, prelate and assistant secretary, anti1
Dr. L. C. Neill, lodge physician. 0
These four men yesterday issued the fol
lowing formal statement regarding the
deaths of Donald A. Kenney and Christo
pher C. Gustin, which occurred "during
their initiation Into the order:
“We regret exceedingly that the jury
has seen tit in their judgment to place us
In the eyes of the world as characters w’ho
w'ould willfully or intentionally cause any
human being to suffer, much less to meet
with such an untimely end as was the lot
of Kenney and Gustin. We trust that
every person whom it Is our lot to know
will not draw the conclusion that the local
order of Moose was a fraternity, whose
purposes and teachings were other than
that to promote a feeling of good fellow
ship among its members and to aid the
weak and afflicted, and that we, as its
its officers, wrere endeavoring conscien
tiously to carry out the teachings of the
order, and that this occurrence is to be
more deplored than censured. We each
feel that we have committed no wrong,
and while we deeply regret this great ca
lamity which has befallen these two un
fortunates and our beloved order, that
the public will give to this matter serious
thought and consideration before they see
lit to condemn us and the order.
No Effort at Whitewash
“We are at a loss to understand the
statement in this morning’s Age-Herald
purporting to emenate from Coroner Spain
! to the effect 'that it was not the white
wash some people expected,’ for never at
any time has any officer or member of our
order asked for anything tending to be
white wash or insinuated that a white
wash would result from the Investigation
made by the coroner. We have at all
times cheerfully and willingly, in so far
as we were permitted, furnished such ev
idence and information as was within our
knowledge. We desire the public to un
derstand that we were deprived of the
privilege of being present, either in per
son or by counsel, at the session of the
coroner’s jury, and we did not desire to
persist in requesting this privilege, as we
thought that it might give out the im
pression that we were trying to influence
the coroner’s jury in its deliberations. We
readily furnished without request from the
coroner the names of all witnesses whom
we recalled as being present upon the
night of the fatal Initiation. We also re
quested that they summons medical elec
trical experts to give them the benefit of
their knowledge and experience as to the
effect of electricity upon the human body.
The names of Dr. J. H. Fdmondson was
suggested by Dr. Neill and also the names
of Dr. L. F. fkicky by Mr. Abbott. In so
far as we know neither of these were ex
amined or requested to appear before the
jury. Neither of these physicians are
members of the order, but both have the
reputation of being experts along this
line.
No Reflection on Jury
“While we have no reflections to cast
upon any member of the coroners jury,
we desire It distinctly understood that
we consider each member of the jury a
gentleman of the highest calibre, many
of them being our personal friends and
acquaintances, but it seems to us that
! the investigations of the coroner’s Jury
was confined more to the examination of
[ experts rather than to the examina
i tlon of witnesses on facts. Also the test
| ing of the strength of the magneto used
upon the men. It is with regret that we
| notice that one of the witnesses testi
I fled that he considered the use of this
l magneto as ‘crude cruelty,’ yet in the same
breath, he admitted that he sold the same
identical magneto for the same identical
purpose for which it was being used at
at the time Kenney and Gustin met their
deaths. So far as we know there has
not been an expert, who has testified that
this magneto was of sufficient strength
to produce death, when applied to men
In normal physical condition, and we
submit that the undisputed testimony
shows that this identical magneto has
been in use for the same Identical pur
pose and used approximately upon more
than 500 men without serious result, that
any reasonably fair minded man would
be led to the honest and conscientious
belief that no harm would result when
used for that purpose, and we trust that
the public will not bold us guilty as
criminals, when we felt at the time that
we were earnestly giving our time and
labor for the promotion of good fellow
ship among mankind.
Embalming of Bodies
“There is one other subject that we
would like for the publio to understand,
and that is with reference to the em
balming of the bodies^ of Kenney and
Guetin. It seems that there has been a
disposition on the part of the coroner
and the press to leave the public In
doubt as t j the connection of the offi
cers and members of the Moose lodge
with this matter. Mr. Abbott states
positively that he notified Coroner Spain
over the telephone at eleven (11) o’clock
on the night of the initiation and dea'th
of the two men and Officer Jones, Offi
cer Christian, Officer McGeever and an
Age-Herald reporter, Mr. Hussier, were
all present at the time he had the con
versation with Coroner Spain over the
telephone, that no officer or member of
the local order of Moose authorized or
sugested that the undertakers take pos
session of either of the bodies; that
we had no knowledge that they were in j
the possession of the undertakers until
they had been removed from the hospital,
and we never at any time authorized or
suggested tl;at either of the undertakers
take charge of the bodies of Kenney and
Gustln, or that they be embalmed, and
it does seem to us that Coroner Spain
had ample time to intercept the bodies
and precent them from being embalmed
if he had been as alert to his duties
on the night as he has been In giving
statements to the press since this In
vestigation has been tarted. We have
neer at any time shown any disposition
to conceal anything from-the coroner or
from the public with reference to what
happened in Moose hall on the night, of
the initiation.
“There seems to be a wrong Impression
about the medical examination in the
Moose order. This examination iri made
solely to determine whether the candidate
shall be admitted as a beneficiary or non
| beneficiary member. It has never been
| made to determine whether the candidate
is fit to take tho initiation and is only
REGIMENTAL BAND WILL GIVE CONCERT
AT CAMP WILLIAM H. KETTIG TONIGHT
"THE PRIDE OF THE FOURTH REGIMENT”
Regimental band of the Fourth Infantry Regiment, Alabama National Guard, in camp this week at East
Lake. The band is from Cullman and includes many of the leading citizens of that thrifty town. The band
has given a concert every night since being in camp and has been present at every parade and guard mount.
Prof. F. F. Byers, considered one of the best, musicians of the state, is the leader—Photo by Henry G. Baird
There will be no company drills or rifle
practice at Camp William H. Kettlg to
day, though guard mount and dress pa
rade will be held at the usual hour. Church
services will be held this morning by a
local minister and tonight the regimental
band will render a programme of high
class selections.
Owing to the fact that the suggestion
had been made that the Fourth regiment
might be designated as escort at the fu
neral of Senator Johnston, Colonel Graves
held the men in readiness in the event
they had been called, but at the request
o* the family there will be no military es
cort.
Yesterday was a busy day at camp, four
companies were detailed for rifle practice
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaw i
WANTS CITIZENS TO
HELP ENFORCE THE
Weatherly Calls for Volun
teers to Act as Special
Officers to Co-Oper
ate With Police
*
City Commissioner Weatherly has
issued a call for private citizens to
come to him and offer their services as
special officers to enforce the traffic
ordinance. Mr. Weatherly recently re
ceived information of how the citizens
of Dallas, Tex., are co-operating with
their city officials in enforcing a simi
lar ordinance and he thinks the same
could and should be done here.
Following such an invitation from
Mr. Weatherly some time ago Fred M.
Jackson, a well known civic worker,
appeared before the commissioner and
was sworn in as a special officer to
help enforce the speed laws. Mr. Jack
son, however, it appears is the only
man who has taken such a step. Now
Mr. Weatherly calls upon other citizens
to follow Mr. Jackson’s example.
The information from Dallas is that
the motor clubs of that place have
taken a special interest in the enforce
of the laws and have offered the use
of cars and the services of individual
members in running down speeders and
arrest them. Special officers have been
assigned to aid in enforcement of the
law, which is very similar to the one
adopted here a few days ago.
Mr. Weatherly is looking for a "wait
ing” line Monday morning.
MEMOLI PRESENTS
Chopin Funeral March in
Memory of Senator
Johnston
This afternoon at 4:30 o’clock Memoll’s
excellent concert band begins its sixth
week In the, summer cause in Capitol park.
It was a good bard at the start, but
naturally constant playing together has
improved the ensemble.
On today's programme Is Chopin's fu
neral march in memory of Senator John
ston.
Next Tuesday the programme will bo
made up of requests and for Thursday a
special Wagner programme will be is
sued.
For this afternoon these are the regular
numbers:
Paraphrase—"Jerusalem the Golden"
(Rollinson).
Overture—"Williant Tell” (Rossini).
Scenes from "Traviato" (Verdii.
Funeral March—(Chopin), in memory of
Senator Joseph F. Jghnston.
"Song of the Voyager" (Paderewski).
The Heavens are Telling “Creation"
(Haydn).
Several "extras” will be played.
Marriage Licenses
The following marriage licenses were
issued yesterday in the office of th^
probate clerk:
Johnnie Crockett and Miss Myrtle
Belle Crider.
Marvin Suggs and Miss Margaret E.
Steele.
B.. M. Roberts and Miss Mary Edna
Sartor.
W. R. Harwell and Miss Lula, Mullln.
R. T. Harris and Miss Laura Taylor.
J. E. Skinner and Miss Mary Mc
Brler.
to determine whether the physical condi
tion Is such that he is entitled to the
benefits bestowed on what we' call a
beneficiary member.
Burgln of the firm of Burgtn. Jen
kins & Brown, has teen retained to rep
resent us In the criminal cases now
pending against us, and they will be
tried In the criminal court as soon as
possible.
"This Is all the statement that we care
to make at this time, hut Dictator Ab
bett states that he may make a formal
statement later on behalf of the Moose
lodge."
f ♦
i PROGRAMME FOR TODAY *
♦ - *
4 Camp William H. Kettig, East 4
4 Lake. ♦
♦ Detail for Sunday, August 10: t
♦ Muster for pay roll. i
♦ Guard mount, it a. m. ♦
♦ t'hurcli service, 11 a. m. t
j Dress parade and review $
4 5:30 p. m. i
t Band concert, 8 p. m. *
♦ - *
4 PROGRAMME FOR CONCERT 4
i March, "When the Midnight j
4 Choo-Choo Leaves for Alabam," 4
♦ (Clements). 4
♦ Medley, "Songs of Uncle Sam,” j
♦ (Hosmer). *
♦ Waltz, "Maribelle." (Keller). t
$ March, “Sunshine in Alabama,” 4
i (Clements'. 4
4 Polka. ' Sylvia," (Ripley). 4
4 Overture, “King of Diamonds.” ♦
4 Waltz, "layers of Lilies," 4
♦ (Collins). 4
♦ t
THREE COUNTIES ARE
TOURED BY DR. EAVES
Christmas Seals Committee
Organized in Each
County
As secretary of the Alabama Christ
mas seals committee. Dr. George Eaves
has made a tour of the counties of
Butler. Conecuh and Escambia, in eacli
of which a strong committee has been
secured by means of which organized
work in each county is now proceeding.
“The plan in view,’’ said Dr. Eaves
yesterday, “is to stimulate interest*in
every part of the county being organ
ized in order that funds may be ob
tained for further educational work.
The very limited funds in the hands
of the state committee greatly limit the
secretary’s activity, but it is confi
dently hoped that the greater part of
the state will be well organized before
the end of the year.
“In Madison county. Judge R. E. Pet
tus, United States jury commissioner
of the northern division of the north
ern district of Alabama is permanent
chairman and Madison county is eager
to develop an association of its own.
The same is true of Marengo county,
Where the headquarters are at Demop
olls. In Butler county Dr. L. V. Stabler,
with the pastors of the Episcopal, Bap
tist and Methodist churches, and Gen
James B. Stanley are the committee
of selection. In Conecuh county a per
manent organization was begun with
Judge E. E. Newton as chairman and
Mrs. Henry Dunn as secretary. In Es
cambia county Probate Judge M. F.
Brooks is chairman and Dr. L. B. Par
ish is secretary of the nominating com
mittee.
“The Birmingham association has re
ceived a generous contribution of $500
from a friend who prefers to be anony
mous. This is a great help in clearing
off indebtedness on the current ex
penses. It is hoped that it will stim
ulate other generous donors to set the
association free, as it is still iunning!
every month with an accumulated
deficit. There are seven pathetic cases
upon the waiting list.”
Today Dr. Eaves will visit Sylacauga
and lecture as at other centers.
PROGRAMME FOR
COUNTY REUNION
Announced by Executive Committee
Of Veterans’ Association—Black
well to Deliver Oration
The executive committee of the Jeffer
son County Confederate Veterans asso
ciation announced yesterday the follow
ing programme for the veterans' reunion
which is to be held at Avondale park
on August 14:
10 a. m.—Music, Industrial School band.
Invocation, the Rev. James A. Bryan.
Oration, Samuel Blackwell.
Address, United Daughters of the Con
federacy, Mrs. Chappell Corey.
Music by the band.
Address, Sons of Confederate Veterans,
Thomas Dozier.
Music by the band.
Original poem. Mrs. J. A. Rountree.
Dinner at 1 o’clock.
3 p. m.—Music by the band.
Election of officers by the association.
Music by the band.
Impromptu talks, recitations, reminis
cences. etc., by the veterans.
Music, “God Be With You Until We
Meet Again," audience.
Benediction, tho Rev. James A. Bryan.
The executive committee extends a
hearty invitation to all confederate vet
erans ,their wives, widows and relations
to come and participate in this reunion.
FIRST TUESDAY TO BE
RECIPROCITY DAY
The first Tuesday of each month will
hereafter be “Reciprocity Day" among
the primary teachers in their sectional
work at the Women’s Graded union.
Each member will show some new
device or tell some plan or method that
she is using successfully in her own
class. Samples of illustrative objects
and special concert exercises are to be
exchanged, so that there is material
help as well as new information to be
gained by the member*.
1 at Boyles, the score sheets showing a
very creditable score. The other com
panies were drilled in advance guard and
attack formation by battalions. A tactical
walk was taken yesterday morniflg to se
lect a site »for the working out of a war
problem which will be held Tuesday,
weather permitting.
The health of the camp is excellent and
the sanitation conditions perfect.. Captain
L*ay, M. D., and the other surgeons in
charge have given much attention to per
fecting the sanitation of the camp and
safeguarding the health of the troops.
Colonel Graves is much pleased with the
work and discipline of the camp and the
tine showing made by the troops on the
rifle range.
EVERYTHING READY
District Deputy Thomas
Walker Anxious to Have
Every Lodge in Dis
trict Represented
The seventeenth semi-annual convention
of the Third district of Alabama Knights
of Pythias will be held next Thursday
at Dolomite. The convention will he held
under the auspices of Mineral Valley
lodge No. 83 of Dolomite and the con
vention will b© held in their castle hall.
The local committee in charge of the
arrangements, J. S. Benson. F. F. Rob
ertson, Tom Warrick, William Sherer and
J. H. Clendennon, announce that all de
tails have been perfected both for the
convention and the entertainment of til's
delegates. The officers of the Third dis
trict are Dr. E. W. Murphree, presl
det; Charles Berg, first vice president;
George Huddleston, second vice president;
George P. Dupree, third vice president;
W. R. James, fourth vice president;
Thomas R. Walker, district deputy grand
chancellor.
The district deputy Is very anxious to
hav.e every Pythian lodge iu the dis
trict fully represented and has sent the
following letter to all the lodges:
Writes to lodges
“To the Lodges of the Third Pythian Dis
trict:
“Dear Brethren: I airt counting on every
lodge in the district furnishing its full
quota of delegates and its share of en
thusiam at the district convention to be
held at Dolomite on August 14. The en
closed programme will give you some
idea of what is in store for those who
come. All knlght3 are welcome, whether
delegates or not.
“The ladies will serve two meals, and
the ladies of Dolomite are the best cooks
in the world. At the banquet in the
evening there will be a special programme,
so bring along your appetites and have
them well whetted.
“Conveyances will run from Ensley
every 30 minutes and Dolomite is only
three miles away. All delegates and vis
itors will get back to Eneley In time
for the cars home Thursday night.
“The rank of knight will be conferred
at the night session and I should like
to have every lodge represented on the
team.
“Trusting that our convention may be
the largest and best ever held and that
It may be the means of helping every
lodge In the district, I am very cordially
and fraternally yours,
"THOMAS R. WALKER,
“District Deputy Grand Chancellor."
Programme for Meeting
The programme for the three sessions is
as follows:
MORNING SESSION.
Call to-order at 10 o’clock.
Address of welcome, B. E. Purcer.
Response, Thomas R. Walker.
Lodged opened by Chancellor Comman
der Tom Warnick and turned over to
President E. W. Murphree.
Roll call of officers.
Appointment of committees.
Reading minutes.
Report of committee on credentials.
Address, J. M. Dannelly, grand keeper
of records and seal.
Written reports from lodges.
Dinner served by the ladles from 1 to
2 o’clock.
AFTERNOON SESSION.
Address, A. G. Patterson, grand chan
cellor.
“Shall We Have a Page’s Night?” by
H. M. Beck, supreme representative.
General discussion.
“What Can Be Done for Weak Lodges?”
“Where Shall New Lodges Be Organ
ized?”
Report of officers and district deputy.
The next place of meeting.
Election of officers.
Banquet and programme by ladles from
<5 to 8 o’clock.
NIGHT SESSION.
The rank of knight conferred.
Good of the order.
Kaiser Honors Roumanian Premier
Berlin, August 9.—Emperor William
today conferred the grand cross of the
| Order of the lied Eagle on the Rou
manian premier, Titu Majoresco, pres
j ident of the Balkan peace conference
at Bucharest in recognition of services
to the cause of perpetual peace.
A Woman’s Bank Within
A Bank
The American Trust Ladies’
Department is a woman’s bank
within a bank.
Here they open checking ac
counts, make deposits and cash
checks, supply themselves with
change and checkbooks, and ask
tor financial information.
These services ate rendered
them by our ladies’ teller, herself
experienced in bank service.
Special stationery and desk
telephone are also free to be
used by women patrons.
GENERAL APPROVAL
Lists of Delegates Are Com-'
ing in Every Mail
LETTERS OF PRAISE j
Indications Are That Most Substantial
Men of Every County in State
Will Be Here in
November
L was stated at the headquarters of the
Ambuma land congress yesterday that
lists of delegates were coming in bv every
mail, while everything indicates a grow
ing interest in the congress from every
portion of the state.
In a letter received from A. If. Smith,
cashier of the First National bang of
Chlldersburg, lie enclosed the following
list of delegates from the Farmers and j
Merchants Co-Operatice asoeiation of that!
place: A. H. Smith, C. K. Stewart, M. .1. !
Cliett, Wallace Boaz, M. E. Vardanian, j
W. T. Burton, B. A. Alford, Robert, Ed- ,
wards, John Hobbs, T. S. Smith, W. L>.
Hagans, Jr.
The following list, was received from
W, E. Skeggs, probate judge of Morgan
ccunty: J. B. Orr, Hartselle; J. J. Cudd,
Hartselle; D. A. Sloan, Sommerville; J. L.
Ule, Trinity; J. S. Davis. Trinity; (j. A.
Nelson, Decatur; W. B. Edmunson, NGW
Decatur; J. L. Echols, New Decatur;
\\. J. Walling, Lacey Springs; Malcolm
Patterson, Falkville.
As indicating the interest !n different
portions or the state an extract from
these letters received yesterday will show
thjLt the movement is gathering to it men
of standing and influence in their re
spective communities and widening as it
goes.
W. C. Roberts, secretary of the Gads
den Chamber of Commerce, says: “Wo
are expecting a good attendance at the
land congress from Gadsden, and just:
prior to the meeting 1 shal make special
efforts trt get everyone possible to at
tend the meeting. But. in any event there
will be a good number there from Gads
den, Etowah county."
James B. Ellis, president of the Dallas
Coni preps company of Selma, writes:
"Have seen Judge Pitts, and we are now
making up a list of the leading land
owners and farmers of our county. Will
have him notify them formally of their
appointment when we complete the list,
and will forward copy of same.
"I have read your four days’ tentative
programme, and 1 must say that it cbv
i ers the ground pretty thoroughly, and if
i we can only get the people to attend,
! it will mean a great awakening of our
| people to a realization of the anus ? I
! forces in our grand old commonweolth.’’
Dr. Charles C. Thack, president of the
Alabama Polytechnic institute at Auburn,
says; “We are glad to assist in any move
ment loking to the upbuilding of our;
strte, and I regard the land congress
[one of the very best agents in that di
| rectlcns.”
EXPECT BIG CROWpS
AT EAST LAKE PARADE
To Concerts by Nappi’s Hand and
Dress Parade by the Fourth
Regiment
Large crowds are expected at East
Lake today as the dress parade In mid
afternoon by the Fourth regiment will
be supplemented by two open air oon
certs by Nappi’s band.
East Lake park hss recently been
improved in many minor ways, paint,
repairs and conveniences, including an
ample supply of free ice water lor the
general public, having made tilings
much pleasanter of late.
From indications the skaters’ masked
carnival, which will be held the first
week in September and for which lib
eral prizes both to Individuals and
couples, will be awarded for costumes,
will be on the scale of a small Mardl
Gras.
The programme which will be ren
dered by Nappi's band this afternoon
and also tonight is as follows:
March, “Ninth Mass. Regiment,•• (Sar
gent). .
Overture, “Phedre.” (Massent).
Waltz, "Jolly Fellows,” (Vallatedt).
Fergetto and finale, “Atllla,” (Verdi).
Duetta, “Miserere,55 (Verdi), Hebbeln
and Bridges.
Selection, “Norma.” (Bellini).
Moonlight sonata, Andante, (Bee
thoven).
Excerpts from “Naughty Marietta,”
(Herbert).
Reverie, “The Roses Honeymoon," :
Bratton.
Fantasia, “Ernoin,” (Verdi),
Real Estate Transfers
Deeds were placed on record yester
day in the office of the probate court
showing the following transfers of
property, the consideration being $1000
or more:
$14,000—Kate Perry Marks to the
New Southern Land company, lot 15,
block 76, according to the survey of the
Elyton Land company.
$1 400—Corey Highlands Land coni
pany to Parker Land company, lot 18,
block 25, survey of Corey Highlands.
$2200—C. W. Mills to C. L. Robert
son, part of lot 1, block o0, Phelan's ad
dition to Birmingham.
$2500-—Mrs. C. B. Sterrett to Hen
rietta Schwarz, part of block 765, sur
vey of the city of Birmingham.
$1000—W. R. Sevier to F. M. Jackson,
east 50 feet of lots 13, 14, 15, 16, 17 and
18, block 12, second addition to Ens
ley.
JUDGE FORT GIVES
OUT SUGGESTIONS
MADE TO MR. LANE
More Attention Should Be
Paid to Record of
Witnesses
DOCKET IS BEING
RAPIDLY CLEARED
Of Appealed Cases From Recorder's
Court—Will Make Public Figures
Showing This, He Says—No
Criticism of Fort Meant
In a formal statement Issued yesterday
Judge William K. Fort, senior judge of
the criminal court, made public some sug
gestions which he recently placed before
City Commissioner A. O. 1 ,:ine in regard
to Improving the service of tile county
and city courts.
The principal suggestion Is in Fhgard to
more attention being paid to making a
record of the witness in a ease when it
1s appealed from tile recorders' courts
to tile county courts, as Judge Fort claims
It Is the absence of witnesses and the
apparent inability to secure these wit
nesses that causes delay and in many in
stances a nol pressing of the ease.
City officials stated lust night that no
criticism whatever of Judge Fort was
meant In any of their references to de-’
lays and crowded dockets in the county
courts, hut that they were merely speak
ing of conditions, which had existed lung
before Judge Fort took the bench and
that thereby they might have unintention
ally spoken }>f the delays and mistrials
of city appealed cases in a way that
n ight have been misleading.
Judge Fort stated yesterday that there
were literally thousands of cases on the
dockets of tlie court when lie took tho
bench some seven months ago. tie Is now
making arrangements to secure data from
the clerk of the criminal court, showing
the number of these cases, the number
that has been docketed since, the number
that have been tried and all data In re
gard to tile work lie inis done in the
seven months, lie states that this data
" ‘11 prove that the docket Is being rapidly
cleared up.
Judge Fort's Statement
The complaint of city officials In regard
to these appealed cases .was that it was
often so long before tile ease came to
trial that the arresting officer had forgot
ten about the facts, witnesses had moved
ami could not lie’found and similar oe
eutances come up which caused the cases
to be lost. Judge Fort's statement fol
lows:
To the Editor of Tho Age Hern Id:
file article in your paper of August ».
headed, "Appealed Hi (’order's Court fares
to Re Handled With Alore Dispatch, ' con
tains several misleading statements.
In tho first place, I went to Judge Dane
a few days ago voluntarily to place before
him, as commissioner of public justice,
the advisability of having the proper offl
cinl of the city plane on the appeal papers
a correct and complete list of the wit
nesses for the city with their addressee,
so that City appeal eases when , idled In
tho criminal court might he tried on the
merits. Instead of being so frequently dis
missed for lack of essential evidence.
Often since I went on the bench last No
vember, city cases have been called and
the right witnesses were not put down ..n
the appeal papers, so that they could be
summoned by the clerk for (rial. At otho
times, officers who were witnesses failed
to appear In court on appeal. These offi
cers wore returned liy the sheriff as "ex
ecuted," and In a majority of eases would
afterward Inform the court that the sub
poenas for them were probably left on file
In the chief’s office and had not been
brought to their personal attention.
In the next place, I asked Judge Dane
to request the proper officer of the city to
investigate the eitv appeal eases and ad
vise the clerk of the criminal court what
cases were In most need of immediate ac
tion; In order that all city appeal cases
might be Intelligently set for trial at oyr
next term.
Assured of Co-Operation
In going to Judge Lane and consulting
with him about these matters, I acted in
the interest of an improved public service
which every public officer should regard
as his duty to the people. I found the
commissioner ^f public justice courteous
and prompt in his assurance of thorough
co-operation along the lines T thus sug
gested, and I believe his favorable action
will result in cas^s being tried when set.
"Rome was not built In a single day.’*
Neither can several thousand cases he
tried In seven months. When jury trial®
are demanded on appeal in city cases,
only* a limited number of cases can ac
tually be tiled each day.
Since T went on the bench, November 13
last, a period of seven months, all case*
have been tried as rapidly as we found
consistent with public justice. Our ener
gies were engaged In trying capital and
felony cases. as this course was urgently
demanded to protect life and property
against crime. There were several thou
sand cases pending, but this number has
been greatly diminished.
In a few days I will submit to the pub
lic a ‘record of the cases wrhlch have beep
tried by the crimitiul court from Novem
ber 12. 1912. to June 30. 1913 The public
may thus 1udge for themselves whether,
there have been any "bunglesome delay'®.
as stated in your article al>ove mentioned.
WILLIAM E. FORT.