The Birmingham age-herald. [volume], September 18, 1913, Page 5, Image 5

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

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by five, stolen by burglars or
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sons is to lock them up iu a
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This privilege costs you
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ing to the size of the deposit
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day?
The First National Bank
Capital and Surplus
$3,000,000
COUNTY COURTS
- <*
The case of Cable B. Conway,
charged with embezzlement, Is on trial
In the first division of the criminal
court before Judge William E. Fort.
The defendant is*charged w,-ith om_
bezzling a large sum of money from
the W. D. Wood r.umber company, he
being formerly bookkeeper for that,
concern.
The ease will probably be concluded
this morning.
Half a dozen old eases were finally
• disposed of by Judge Fort yesterday
morning. In the majority of these
cases the state's witnesses failed to
appear and evidence was .shown that
they could not be found. On mgtion of
the solicitor the cases were nolle
prossed. Howard Carpenter, charged
With assault witli Intent to murder,
entered a plea of former Jeopardy,
which was sustained by the judge. Joe
Burke pleaded guilty to a charge of
assault with a knife.
Second Division
In the second division of the crim
inal court Judge, S. E. Greene presid
ing, there Were a number of convic
tions, several forfeitures taken and
some of the cases were dismissed. Joe
Pappe was sentenced to 30 days' hard
labor for the county for an assault
and battery. Sarah Byrd, charged with
petit larceny, was found guilty and
sentenced to three months* hard labor.
Jim Foster was convicted of an assault
and battery with a weapon. Charles
Hudson was sentenced to 10 days for
petit larceny.
$5 Fine, $46.40 Costs
That it is ait expensive proposition
to shoot a dog in Jefferson county
was evidenced yesterday when Wes
Wood, a white man, was fined $5 and
costs by Judge S. K. Greene, under
took to pay the clerk of the criminal
court the amount of the penalty im
posed. The figures were quickly given
and it was found that fine and costs
amourtted to $51.40. Of this amount
the $5 fine and a $10 solicitor's fee
go to the state and county. The other
$26.40 goes to the officials.
Hillman Hospital Visited
The hoard of revenue visited the
Hillman hospital yesterday with a view
of determining whether they would
build an additional room to the nurses'
quarters in order to accommodate the
Increased force of nurses. No action
was taken hut It !« understood tin
board will build the addition. They
also inspected the hospital and the
new addition to the main building.
They state that everything was found
satisfactory in the hospital and that
the new woijt was progressing rapidly.
Hargrove Released
Joe H. Hargrove, who was arrested
a few days ago on a charge of being
a fugitive from justtce, was released
from custody yesterday afternoon by
Judsre H. B. Abernethy of the court
of common pleas, Hargrove was al
leged to have been wanted at Atlanta
for embezzlement and although offi
cers from Atlanta came to the city for
the prisoner they failed to secuie the
proper papers to carry him hack to
- that city. He has been In jail several
days.
Suits Filed
The following were among the dam
age suits filed yesterday In the city
and circuit courts:
Phenlx Bank (Georgia 1 vs. J. K. Hall:
*3000 damages for an alleged wrongful
conversion of property.
O. V. "Whitehead vs. M. H. Freeman;
|o000 damages claimed for alleged per
sonal Injuries.
John W. Jones vs. J. N. Creel, G. E.
Rogers, Matthew's Hughes, T. c. Rog
ers, J. R. Creel; *1000 damages claimed
for alleged persohal injuries.
Margaret Talley vs. Jonas Schwab;
, *2000 damages claimed for alleged per
sonal injuries.
L. C. Carroll vs. Birmingham Water
works Co.; *3000 damages claimed for
alleged personal Injuries.
Mrs. Emma Mae Thorpe vs. Western
Union Telegraph company; *3000 dam
ages claimed for alleged personal In
juries.
FIRST DAY FAILS TO
UNRAVEL MYSTERY
OF BUTLER KILLING
Mrs. Butler Refuses to Come
Before Coroner’s Jury to
Testify in Case
CHARACTER UPHELD
BY THE WITNESSES
Set Husband l_'p in Business—When
She Refused Him Money He
I’osed as Beggar ii^
■ fJrccn (Joggles
Several witnesses were examined yester
day, the first day of the Inquest into
the killing of Robert R. Butler, the Wood
lawn elothier. by Coroner C. L. Spain and
a coroner’s jury. The hearing brought
out nothing of a definite nature and the
killing of Butler remains as much of a
Mystery as ever. Thq Inquest will be re
sumed Friday morning at 10 o'clock,
All the testimony brought forward yes
terday was favrftal'le to Mrs, Butler, It
was adduced that .Mrs. Butler had prop
erty and had started her hdsband in busi
ness In Woodlawn, but had, however, re
fused to deed all her property over in his
name. This, witnesses averred, was the
cause of the tragedy, as from the,time
that Mrs. Butier refused to give her hus
band any more money he began to abuse
her and to threaten suicide. Tt was also
brought out that R. W. Butler, a.son of
the deceased by a former marriage, had
two days ago disposed of the contents of
the clothing store operated by Butler be
fore he died. Most of the testimony was
regarding the property differences of the
outiers.
Mrs. Butler Refuses to Appear
The only feature of the hearing was the
refusal of Mrs. Butler to appear before
the coroner’s jury and testify in her own
behalf. She refused absolutely to mane
any kind of statement or to appear at
the Inquest. In her cell at the county
Jail she paced excitedly throughout the
day and would give no reason for her re
fusal to appear before Coroner Spain.
J. H. Blythe, a grocer of Woodlawn.
living at 5100 Fourth avenue, north, was
the only witness examined at the after
noon session of the Inquest. His testi
mony, while mostly of a hearsay charac
ter, was greatly In favor of Mrs. Butler.
Blythe testified that Mrs. Butler was re
garded by all who knew' her in Woodlawn
as a very good woman, but that Butler
had a bad reptuation. He stated that
Butler had bean married three times and
that his second wife had died from neg
lect after Butler had gone through her
money.
Posed as Beggar
Mr. Blythe further said that this fact
was brought to the attention of the third
Mrs. Butler and that she then and there
refused to give Butler any more money.
Blythe stated that when Mrs. Butler was
married she settled numerous debts of
Butler and set him up in the clothing
business In Woodlawn. He sari that
when Butler found his wife adamant to
his demands for money lie began to abuse
ner and run around the streets after her
disguised with green goggles and old
clothes and selling pencils and being lead
around by a negto. Mr. Blythe further
testified that Butler w'ould run suddenly
Into his house and point his pistol 'n
every direction and act very queerly. “It
is plainly my opinion,” said Blythe, “that
Butler went to his wife’s house to kill her
and then to commit suicide. However, in
the sfliffle the little woman defended her
self and I believe the gun went off acci
dently and killed him.’’
At the morning session only five wit
nesses wrere examined and outside of
Officer Ed Sims, gone had any direct
testimony' to give. Officer Sims testi
fied that he had arrested Mrs. Butler
and that Butler had vehemently accused
his wife of shooting him. Officer Sims
stated that Mrs. Butler was present at
the accusation and that she answered:
"No, darling, you know' I didn’t shoot
you.” He further testified that Mrs. But
ler had bathed the wound of her hus
band while he lay w’aittng the arrival
of the ambulance.
Other Witnesses Heard
Other witnesses were I)r. J. H. Col
lins, who testified as to the wound on
the dead man; J. J. Patterson, a neigh
bor of Mrs. Butler, who testified to see-,
ing a pistol at the store of Butler, but
that It was a small nickel-plated af
fair, quite unlike the pistol that was
used in the actual killing. Mrs. J. N.
Baskin, another neighbor, was also a
witness and her testimony was that
Butler galled her up and asked that
she tMrs. Baskin) inform his wife to
call him up as* soon as possible. She
testified that she gave the message to
Mrs. Lamberth, with whom Mrs. Butler
was boarding. Mrs. Baskin testified that
she had been told that Mrs. Butler
said: ‘The old devil,” when informed
that her husband wanted her to call
him up on the telephone.
Mrs. Lamberth was called following
Mrs. Baskin and testified to the excel
lent character of Mrs. Butler. She, how
ever, stated that Mrs. Butler did not
take her husband seriously and did not
care for him. She had appeared wholly
indifferent at the time Butler was shot.
Following adjournment Coroner Spain
stated that he would summon a large
number of witnesses for Friday's ses
" • ""
Capital $500,000.00 Surplus (Earned) $550,000.00 j
, Birmingham Trust & Savings Co.
Capital and Surplus $1,959,090.99
GOOD SERVICE
j: The diversified experience of the directors
> of this bank is a guarantee both of sound |
management and ability to give good serv- i
ice.
We invite your commercial account, how
' ever small or large it may be.
14. «r. SMITH, President
TOM O. SMITH, V.-President
W. H. MANLY, Cashier
BENSON CAIN, Am. Cashier 1
C. D. GOTTEN, Asst. Cashier 1
E. W. FINCH, Aast Cashier 1
I 4 Per Cent Paid On Savings Deposits |
i W. A. DAMERQN FORMALLY
ELECTED SECRETARY OF
BIRMINGHAM PRESS CLUB
By an overwhelming majority, the
board of governors of the Birmingham
Newspaper club yesterday afternoon
elected W. A. Dameron secretary.
At the present time Mr. Dameron is
chief clerk of the Hotel Morris. He
has had experience as clerk and stew
ard in Atlanta, Louisville and Birming
ham, having, while a resident of this
city, served the Hotel Hillman and Ho
tel Florence as well as the Hotel Mor
ris.
In view of the fact that there were
10 applicants for the position of sec
retary, among the number having been
some of the men who have success
fully served other clubs in Birmingham,
the election of Mr, Dameron was in the
nature of a distinct compliment to him.
When informed that he had been suc
cessful, he expressed his delight. He
will tender his resignation as chief
clerk of the Morris effective within 30
days avnd by November 15 will assume
charge of the office of secretary of the
Birmingham Newspaper club.
Mr. Dameron is well known among
•public men of the state and among
them is very popular. He has been in
variably courteous and attentive to the
wants of the guests of the hotel and
his presence has done its share to
ward making the Morris the chief gath
ering place of public moil of tne state
wiio visit Birmingham.
The election of Mr. Dameron was
still another step toward the mate
rialization of the plans of the club.
The membership grows daily and by the
date of the formal opening will num- ‘
I her practically 750 men who are res
idents of Birmingham and Jefferson
I county. It is anticipated that the non
resident membership will number, in
the end. practically 1000.
The club will occupy its quarters in
! the. top floors and roof garden of the
W. A. DAMERON
Who will assume his new duties as
secretary of the Birmingham News
paper club about November 15.
—Photo by Stephenson studio.
new Jefferson County Savings bank
about December 1. The indications are
that the club will be highly success
ful and will eventually be* recognized
as the most popular social organization,
and possibly the most influential for
good, in the southern states.
TO GET OP SPEED
F. E. Wells Here to Confer
With Forces Building Tut
wiler and Ridgely
F. E. Wells of New York, head of Wells
Bios., contractors for the erection of the
Ritlgelj' apartments and the Tutwiler ho
tel, was in Birmingham yesterday visiting
his organization here. He left last night
for Louisville.
He spent some time In conference yes
terday with his local forces and seemed
to bo pleased with the progress made on
the two large buildings that are under
way here. It is understood that the forces
under Wells Bros, intend to make an ex
traordinary construction effort on the two
buildings, beginning at once, so that the
work will be completed at a greater rate
of speed than ever before observed In
local building circles. It Is stated that
extra forces will be engaged ^nd that
the two buildings will be completed with
out the loss of any time whatever.
- r. Wells said yesterday that building
circles here presented many attractions
and Indicated that Birmingham Is grow
ing rapidly, and has yet a wonderful
growth ahead. His company, it was gen
erally reported some days ago, contem
plates opening offices here.
“Business is very good,’' said Mr. Wells,
“all over the country. However, Birming
ham seems to be moving forward with
greater speed and progressiveness than
most any other city in the south. Our
vPbrk is going ahead smoothly, and we
are satisfied with the general outlook.”
ARE KEPT INTACT
Committee Expects to Carry
Main Issue by Large
’ Majority
The autdltorium committee of the
Chamber of Commerce is now waiting
for the city commission to call*a bond
election. Mr. Shook is keeping his or
ganization intact and as soon as the
commission announces the date of the
election it will immediately begin work.
The committee will devote much time
to the suburbs in the forthcoming cam
paign and it is believed that the pro
posed auditorium bond issue will be ap
proved by the voters by a much larger
majority than was given th^ tentative
proposition in the recent election for thtf
presidency of the city commission.
The Chamber of Catnerce is now send
ing out letters of appreciation to the
many persons who helped in the re
cent campaign. Mr. Harding is sign
ing these letters personally.
sion and that it was quite probable that
interesting facts would be brought for
ward.
“Tills inquest is not over by any
means." said Coroner Spain, “and Fri
day’s sesion may wholly change the en
tire complexion of tlie case. There are
several important witnesses directly in
terested in the case who are doing their
best to avoid being subpoenaed, but
with the aid of a few deputy sheriffs I
think it is quite likely that they will
respond to the^call on Friday.”
AMUSEMENTS
“Lavender and Old Lace”—Bijou
There is a matinee of "Lavender and
Old Lace” at the Bijou theatre this after
noon. This is "a great attraction for
women and children. There are perform
ances nightly and another matinee Satur
day. •
“A Man's Game” Next Week
The Birmingham newspapers declared
last season that Estha Williams in "A
Man’s Game” was one of the best dra
matic offerings that ever appeared at the
Bijou. -The same company, production
and other details will be seen next week.
Orph eu m—Vaudeville
Everybody says this week's Orpheum
bill is one of the best that the theatre
has ever offered. As a result the size
of the crowds.has been large. The Five
Sully* and lour other acts, with klnema
(Olur pl^ures changed again tomorrow,
I make the hill complete, with a matinee
' daily and two performances nightly.
WEATHERLY WANTS
Commissioner Wires Under
wood in Behalf of His
Farmer Friends
James Weatherly, acting president of
the city commission, Is interested in
[burlap. He is interested to the extent
of desiring burlap placed on the free
list. He feels that with a duty on
burlap the southern farmer in his <?f
! fort to clothe and feed the world would
be handicapped to a certain degree.
The commissioner yesterday wired
the following message Ho Representa
tive Oscar W. Underwood, under of
the lower house of Congress, and per
haps the most influential man in re
gard to tariff legislation in cither of
the houses:
“Concerning the proposition to put
burlap on free list, I have been re
quested by some of my farmer friends
to urge you to do all in your power
to relieve the southern farmers of tills
heavy tax. If you can consistently use
your commanding influence to that end
T feel sure that you would earn and
receive the friendly attitude of the en
tire farming element in the south. I
| will be glad for you to acknowledge
receipt of this with any word of en
couragement you may be able to hold
out.”
“I am a friend of the farmer,” said
Mr. Weatherly. “He is generally up
I against it. And he is as faithful to
his duty as the cock which rotes in
clarion tone the break of dawn. I
trust that nothing will be done by Con
gress which will tend to increase his
burden. I hope that Mr. Underwood will
be able to pass the word down the line
and remove the duty on burlap. I feel
sure that but for the fact that some
of his northern brethren might think
he was using his great influence in the
special interest of the south rather
than of the country as a whole, he
i would instantly get busy with the bur
lap.”
Mr. Underwood has been flooded with
[telegrams from southern planters and
their friends. Congressman Clayton and
Congressman Dent have written a let
ter to the tariff conferees of the House
and Senate urging that burlap be put
on th.e free list.
LANE LEAVES TODAY
Wheatherly to Be in Charge
Until Sunday Wfien Exum
Is Expected to Return
—
*&. Weatherly, beginning this morning,
will for several days be in absolute comr
inand.
Judge A. O. Lane, comndslsoner of pub
lic justice, will leave today for a vaca
tion inutile mountains of Kentucky. Hr
will be gone several weeks, it is thought.
C. Exum,- president of the commission,
absent from the city at the present time,
will not return before Sunday.
It is anticipated that very little busi
ness other than routine will be discharged
prior to the return of Mr. Exum. It is
dull at tk£ city hall at the present time,
a kind of calm, as it were, preceding a
storm which will follow with the resump
tion of fall activity.
Judge Lane Is in need of a vacation,
his physicians state. He has been on
duty throughout the summer, and his
health has not been of the highest order.
Mr. Weatherly has also been on duty
throughout the summer, but it seems
that he has been able to stand tbe grind
of official business better than either of
Ids contemporaries, Judge Lane or Mr.
Exum.
! He announced yesterday that his health
was unusually good, and that with the
weight of the entire city on his shoulders,
he will not have to bend even to the min
ute angle assumed by Atlas when some
thoughtless political faction dumped the
world on his shoulders.
OPINIONS DIFFER ON
OLIVER’S ATTITUDE
IN HOBSON FIGHT
Ennis of Livingston Says
Tuscaloosa Man Will Sup
port Hobson
1 ______
LEON C. BRADLEY IS
| OF CONTRARY VIEW
I
i Both Are Oliver Supporters and Brad
ley Says No One Is Author
ized to Speak for
Mr. Oliver
Although neither of the present Sixth
district congressional candidates has ever
supported Captain Richmond Pearson
ITobson in his several campaigns for Con
gress, Julian B. Ennis of Livingston, while
in Birmingham, declared that the “great
unorganized Hobson organization" would
support W. B. Oliver of Tuscaloosa.
Mr. Ennis also expressed the opinion
that Mr. Oliver would support Captain
Hobson in his campaign for the Senate,
and would support, the hero of the Merri
inac even should Oscar W. Underwood
announce.
“Mr. Oliver has not told me so," added
Mr. Ennis, “but 1 foci sure that he will
support the captain in his race for the
Senate it matters little who announces.
| “And I would not have you to believe
that the Hobson organization of the Sixth
district has formally agreed to support
Mr. Oliver. There has not been any pass
ing of instructions down the line. It
would be natural for the men who have
stood with Hobson in the past, to stand
against William B. Bankhead in the pres
ent. Oliver has never been a Hobson
man. but he has not been as antagonistic
as the Bankheads. And, as i have said,
in the captain’s campaign for the Senate.
Oliver will, I firmly believe, support him.'
Bradley Doubts Ennis’ Conclusion
All of Mr. Oliver's friends do not feel
as certain as Mr. Ennis that the Tusca
loosa candidate will support Captain Hob
son.
“1 doubt very seriously,” said Leon C.
Bradley, editor of the Tuscaloosa News,
who was in Birmingham yesterday, “that
Oliver will vote for Hobson should Un
derwood become a candidate. He has not
told me so. But I have such confidence
! iii the sound judgment of Mr. Oliver, in
his fine sense of discrimination, in his
sane idea of the eternal fitness of things,
[ that 1 am practically certain that his vote
; will be polled for Oscar W Underwood,
the biggest democrat in America today,
and who will be elected to the Senate
by an overwhelming vote, by the most
overwhelming vote ever polled lor any
candidate with opposition in the history
of Alabama.
‘T am heart and soul for Oliver, and I
believe not only that he will win, but
that lie should win. But I am not for
Hobson. I am for Underwood from the
ground up, and feel confident that Mr.
Oliver also will support him.
None Speak With Authority
"I hardly think that Mr. Ennis flatters
Mr. Oliver although 1 know that his state
ment was made with tfie best intentions.
It happens that everybody in the Sixth
is not as completely wrapped up in Hob
son as Mr. Ennis is. We are lor Oliver
not because he opposes this man or that
man. And none of bis supporters have
been given authority to speak for him on
a matter so delicate In the Sixth district
as is the race of Hobson for the Senate.
"I do not knoW positively that Oliver
will vote for Underwood. But I firmly
believe that he will. He is too big to act
from a sense of political expediency', and
I know that he knows that Underwood
could better serve the state in the Sen
ate than Hobson could.”
Mr. Bradley stated that in his speeches,
Mr. Oliver has been profuse in his praise
of Underwood, of his splendid leadership,
and incomparable knowledge of tariff leg
islation. He suggests that this Is another
proof that Mr. Ennis is wrong when in
expresses the opinion that Oliver will sup
port Hobson.
RAPID ENTRIES FOR
STATE FAIR EVENTS
Fifteen Race Horses Will
Come From One Geor
gia Farm
Fifteen Georgia rare horses from one
stock farm will take part in the raoes
at the Alabama State Fair in October.
Secretary* Ham FT. Fowlkes received in
formation yesterday afternoon from ii.
K. F. Jones of Cartersville, Ga., that
his entire string of trotters and pacers
that have been on a northern circuit wMI
be hero and will take part in the open
events.
Manager Jack Biddle, who has charge
of the big dog show at the fair, says
that the entries are coming in from all
over Alabama and from other states.
The Birmingham Kennel club, he says,
is highly pleased with the prospect for
a fine show.
The Kennel club met Tuesday night at
the Birmingham Arms & Cycle Co.’s store
.ii#i will hold similar meetings every
Tuesday null after the fair. The. decora
tions in the new building which will be
occupied by the dog show will Fie elab
orate. F'alins and bunting, paint and
whitewash, will be used unsparingly to
create a typical dog .heaven.
More than 20 cups have already been
provided for tin* different classes besides
the championship cup, open to all elases,
offered by the Alabama .State Fair asso
ciation. The Kennel club’s catalog and
premium list was Completed W ednesday
and is now in the hands of the printers.
President Zell Gaston of ^the Kennel
club says that there Is a great deal more
enthusiasm aFiout the coining show' than
was manifested last year, when the club
made its first attempt, using tefits. In
tlie bird dog and colley classes, he says,
the show will be a surprise to visiting
dog fanciers, and those who admire the
bull dog will be given the opportunity
to see some of the best specimens of
that breed ever exhibited in this country.
Veterans Found Dead
: Chattanooga, September 17. — Mi:h
N'olari, a Union veteran from Orlando.
Ihd., was found dead on the railroad
I tracks near Citlco today by, a watch
i man. Ffo was found near the city pump
i ing station. It is thought he fell from
a trestle and was killed. His body was
Ibadxy lacerated. Nolan had been missing
'since Monday.
t
_ 1
NEXT CAMPAIGN FOR
CITY COMMISSIONER
ALREADY UNDER WAY
Rumored Yesterday That
Dr. Cunningham Would
Join Weatherly, Jones
and Lovelady in Fight
The campaign for the city commission is
well under way.
The election is practically one year off,
but the candidates art* already in the
fleld-^or most of them are.
James Weatherly, present commissioner,
will ask for another term. Harry Jones,
former mayor, will ask for a seat on the
commission. Dr. R. F. Lovelady, pre»i
<l#nt of the board of revenue, is anxious
to transfer his allegiance from the service
of the county to that of the city.
There will probably be another candi
date. It was reported yesterday that Dr.
R. glVT. (T.nninghani of Knsley, instead of
considering entering the race for successor
to Oscar W. Fnderwood as Ninth dis
trict congressman, is considering taking
a fling for the chair of commissioner.
The campaign has not reached the tepid
stage, but it is already causing specula
tion. In some quarters there is fear that
Jones and Weatherly will so effectively
divide the vote of Birmingham, that Love
lady will win. in other sections, there is
the fear that Dr. Lovelady and Dr. Cun
ningham will so effectively split the vote,
of the suburbs that either Jones or
Weatherly will have a cinch.
The three announced candidates are
feeling the ground day by day. And it
would cause little surprise were Dr. Cun
ningham to follow suit within a reason
able length of time.
With an election every year, it is safe
prediction that unless changes in the com
mission‘government, bill are ordered in the
future, there will never be a moment when
a municipal campaign is not under way
in Birmingham.
CONIINGEVERY DAY
Crowds of Birmingham Citi
zens Have Been on Trips
in America or Abroad
'
A great many Birmingham citizens who'
have been away for the summer are ex
pected home within the next two weeks,
while every day some man who has been
away for the heated term returns home.
The attractions of America have held a
great many Birmingham people away
from Europe, although many have crossed
the ocean for their vacation.
Ferd Marx, who has been in Canada
and in New England, has already re
turned, after several months’ absence,
lie is planning a new line of work, hav
ing been away practically since selling
his store to Steele-Srnith. Otto Marx
and Mrs. Marx, who have spent the
summer in the north of France, will be
home October 1, it is understood. Mr.
and Mrs. .John L. Kaul will sail on the
Imperator October 2 for America and will
be home about .October 10, It is believed.
Mr. and Mrs. K. \Y. Barrett* are sailing
for home on tiie same liner. Mrs. T
II. Molton and her daughter, Miss Ellen
Linn, will sail October 10 and will be
home about November 1.
.Mr. and Mrs. Crawford .Johnson, .who
have been spending the summer in At
lantic City, are now en route home from
Nova Scotia, where they have been dur
ing the past few weeks. They are ex
pected here Saturday. Dr. and Mrs. All
Walker, who have been east practically
all the summer, are at home, while Mr.
ami Mrs. Hubert Jernison, Jr., and their
children, came home last Saturday. Mr.
and .Mrs. Culpepper Kxum and children
are expected home during the next week.
H. G. Seibels, who has been away, has
also returned, while the home corning of
B M. Allen was announced several days
ago.
Mr. and Mrs. Robert Jernison. 4>r., after
touring the New England states, also
returned last week, while P. K. Thomas
and his family are home after an ex
tensive western trip in their Peerless.
M. V. JOSEPH BACK
FROM TRIP TO EAST
M. V. Joseph, president of Loveman.
Joseph & Lo$b, returned yesterday after
an absence of several weeks in the east.
He spent quite a long time In New York
city on business.
Mr. Joseph said yesterday that the busi
ness of the country had maintained a
brisk volume all during the summer and
was picking up at this time which indi
cated that the fall season would be un
usually good. Mr. Joseph said the gen
eral conditions in Birmingham appeared
excellent and that the merchants were
rather well pleased with the outlook for
the winter.
MARSHALL PLEADS
GUILTY AND GETS 13
MININS IN PRISON
Sold Worthless Bonds of Tie
Company to Investors and
Made His Transac
tions by Mail
An abrupt ending of the trial of Donald
J. Marshall, former president of the Amer
ican Concrete and Steel Railroad Tie com
pany, on trial in the federal court on a
charge of using the mails for fraudulent
purposes, came when Marshall, after a
consultation with l.is attorneys, plead
guilty to the charge and was sentenced
by Judge \Y. I. Grubb to 1.3 months in
the federal penitentiary without suspen
sion.
The Marshall trial has created much In
terest as it is alleged that the defendant
sold many thousands of dollars worth of
bonds of tbe above company which were
alleged to have been worthless.
The case was called Tuesday morning
and went to trial at, once. There were
over loo witnesses summoned, but only a
few went on the stand. The* evidence
brought out the fact that Marshall claimed
to have a large plant at Birmingham at
which concrete and steel railroad ties
were manufactured and were being ex
tensively used. It was proved that the
above company was properly organized
and that the company owned a plant at
North Birmingham, but it was not in
operation.
The main witness against Marshall lot*
using the mails was Max Schmidt of Cull
man, who testified that he had received
a bond bought from the defendant
through the United States mail. Among
the other witnesses appearing were F. S.
Morrisett of Newbourne. C. L. Comold,
paymaster of the Chicago and Alton rail
road from Chicago, Ben Barbour, S. E.
Thompson, B. M. Bullard. • George Carr,
it. It. Zell.
In the same case, Charles I*. Carr, sec
retary of the company, was sentenced to
13 months with suspension on good be
havior. MarshaJI was defended by Gibson
& Davis, and District Attorney Street
conducted the prosecution. Marshall wilt
be taken to Atlanta this morning in com
pany with Harry Rainer, who confessed
to robbing the Louisville and Nashville
railroad mail car, and will begin his sen*
tence at once.
OFFER TO ASSIST
Commissioners Offer Him
Use of Offices to Familiar
ize Himself With Duties
G. Ward, president-elect of the city
commission, has been invited by J.
Weatherly and A. Lane to get busy.
"We presume," write the present
commissioners, "that y6u will desire
to acquaint yourself thoroughly with
the affairs of the city prior to your
taking office on November 3."
The commissioners in the following
letter then, express tfleir willingness
to co-operate with tlx* incoming chief
executive of the municipality;
‘‘In view of your election as pres
ident of the board of commissioners,
we assume that you wil desire to ac
quaint yourself thoroughly with the
affairs of the city prior to your tak
ing office on November 3. We certain
ly would be glad for you to consider
our problems and to that end we trust
that you will avail yourself of all fa
cilities at our command. We offer you
tlx* freedom of all the offices at tlx
city hall and the services of ail the
employes of the city, and we will be
glad ourselves to co-operate with you
in any way possible."
County Auditor Appointed
Montgomery, September 17. (Special )
Governor O’Neal appointed Cecil J. Lacey
of .Jasper auditor of Walker county, to
succeed A. S. Preston, who resigned on
account of the pressure of other business.
The office of auditor was created for
Walker county by a special art of the
legislature.
6
Don’t Persecute
your Bowels
Cut out cathartics and oargatiYet. Thay ar« braid
—hanh—inarfary. Try
VAK 1 LR 3 U 1 1
UVER PILLS
Purdy vegetable. A
gently on the liver,
eliminate bile, and
tooth* the delicate
membrane af
ei the bowel*
Car* Cen
SiC2T
fck'H«»i«th ui UiKtwt,.. ti njicat how.
Small Pill, Small Data, Small Pliet
' * Genuine wmbMi Si^n^ture
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