Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-11-02

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Frauds.
NASHVILLE, November 2. Chancellor
East yesterday delivered an exhaustive
opinion on the right of the State to dis
pose Of her interest in the delinquent
railroads, in an injunction suit to pre-
vent the sale OF the States interest in the
Edge6eld and Kentucky and the Mem
phis, GAINESVILLE and Louisville railroads.
The Chancellor refused the injunction,
holding that no obligations will be i'm
paired by the disposal Of the roads, but
that the roads will be benefited by the
transfer; the State being entitled to the
lien, the bondholders must rely upon its
faith and credit. The employees are to
be protected and the commissioners en-
joined from paying over proceeds. The
decision is very important at this juno
ture, for the reason that the interest Of
the State in fourteen roads will be dis
posed of at the capitol tomorrow at
public auction to the.highest bidder. The
commissioners Governor Senter, Sec
rotary of State Butler, Comptroller PEN
nebaker, Robert J. Mckinney, Francis
P. Fogg and Archibald Wright-met to-
day to make full arrangements for the
sale.
The State Sunday School Convention
meets here to day. A large number of
delegates have arrived.
The work of completing the Capital
grounds is in progress, the work being
done by about one hundred penitentiary
eonvicts.
The old parapets erected during the
war are fast disappearing.
Two cases of great interest were tried
in the Federal Court here yesterday.
One of them being case of the United
States against George +. Akers, leading
tobacco merchant Of Nashville. Akers
had about fifty caddies of tobacco
shipped from Cincinnati, which the gov
eminent claimed to be branded with
counterfeit brands by the manufacturer,
Akers sold the tobacco before any
seizure was made, and the Attorney
Of the United States brought suit for
the proceeds of the sale. Judge Trigg
held that such action could not be main
tanned; that the Government could have
proceeded against the property, but
after the property was sold it had no
right to sue Akers for the proceeds.
The other case is Jesse Thomas, col
lector of this Port under the Government
of the United States in 1861. During the
time of the greatest excitement, he
had funds in his hands, as depository OF
the United States, to the amount OF
81, 900 or $4,000. Directly after Presi-
dent Lincoln's proclamation, and after
the seizure of the steamer Hillman by
the Federal authorities, Governor Har-
ris, by his agent, Sterling Cockrill, de-
handed of Mr.. Thomas the funds belong
ing to the United States. Thomas at
first refused to deliver. At that time the
military of the States was organizing at
this point, and several companies were
in and around the city, ready to carry
out the order of the Governor.
Cockrill had threatened Thomas with
arrest by military authority, and under
these threats and fears the funds were
delivered to Mr.. Cockrill, as agent of the
State. and Governor Harris. A receipt
was taken therefor. Sixty-six thousand
dollars Of the fund were in bonds, which
the government afterward obtained.
When the assets of the Bank of Tennes-
see were seized by the United States
Government at Augusta, Georgia, suit
was brought to recover the balance
$500 in gold. The defense rested upon
the fact that the funds were seized by
public enemy of the United States, with
out any fault or neglect of the defend
ant, and that he should therefore be ex-
cused. His Honor Judge Trigg delivered
very able and exhaustive charge, and
the jury returned verdict for the de-
PENDANT.