Savannah morning news. [volume] (Savannah) 1868-1887, 1881-11-09
Fror, a Stor Correspondent.

An Infant 'sCr1erS'-LOcal AoPACss
From staff Correspondent.
BRYAN COURT HOUSE, November This
your correspondent Joined Judge
Tompkins and a number Of the members OF
Chatham county bar, at the depot OF the Sa-
vannah, Florida and Western Railway, and
left the city for Bryan County Court at o:SO
O'Clock. The party comprised Judge Tomp-
kins, Solicitor General Charlton, Colonel R. Z.
Lester, Messrs. P. W. Meldrim, W. L. Clifton,
]. L. Whatley, w. S. Fraser, NJ. 8. Cohen,
and your representative. We
reached Station No IL in quite heavy rain,
and found conveyances waiting, which were
promptly secured. A drive Of eight and one
half miles brought us TO the court mouse,
around which were gathered some three or
four hundT ed of the yeomanry or the county.
The rain had ceased, and the sun shone out
pleasantly.
The session of the court had been anticipated
with great interest, and the attendance was
larger than has been known in some years.
Considerable business had accumulated on the
docket. Including number or civil cases IN
which Savannah parties are Interested, DeSloes
some important criminal cases, among them
the case against Albert Gillespie, charged with
the murder Of VIM. A. Dudley some eighteen
months since, and who has been confined In
In half an hour after his arrival Judge Tomp-
kins opened the court, and proceeded rapidly
to the organization of business The grand
jury, a very representative body, was organ
lied, with Mr., Thos G. Clay as foreman, and,
after charge from the court, very compre-
hensive in its character, retired TO consider the
important matters submitted TO them.
The civil docket was then called, and the fol-
lowing
SAVANNAH CASES
were disposed Of:
s. Guckenheimer & Co. VS.. R. c. Ulmer.
Verdict for plaintiffs for 1897 AZ with interest
and costs.
Thomas P. Bend vs. R. C. UImer. Suit on
account. Verdict for plaintiff for 1888 % with
Herman & Kayton vs. R. C. Ulmer. Suit on
account. Verdict for plaintiffs for 1871 Is with
interest and costs.
for plaintiff for 1892 36 with interest and costs
In the above cases Messrs Garrard & Meldrim
represented the plaintiffs.
Miller & Roach VS.. Joseph Elarbee. Settled.
Meinhard Bros. & Co. vs.. r. c. Ulmer. Suit on
account. Verdict for plaintiff for 1928 IS with
interest and costs. VIM. Clifton for plaintiff.
Early & Lane VS.. j L. Griffin. suit on &C
count. Verdict for plaintiffs for ) III 81 with
interest and costs. Cunningham & Lawton for
plaintiffs.
EJEcTMENT CASE.
An important case, one OF several which
will probably be carried to the Supreme Court,
was that of John Doe, ex dem Theodore Shot
well VS.. Richard Roe, l. g., b. A. Attrouer
Eiectment A. B. Smith for plaintiff; P w.
Meldrim for defendant. Non suited on motion
of defendants counsel.
CRIMINAL CASES.
The criminal docket was then sounded and
cases assigned for trial. and the first to be
taken up on Tuesday Will be the murder case
in which more than usual interest has been
aroused 1t will be called at the opening OF
court at half-past eight o'clock on Tuesday,
and will probably go to trial.
SUITS FOR DAMAGES AGAINST RAILROAD.
1t has often been remarked that owners of
live stock never fully realize the value OF an
animal until after il has been killed on a rail-
road An accident Of this kind has a wonder
full effect in enhancing the value OF horse or
COW. An animal which would readily have
been sold for S25 is found to be fully worth
s 90, in event the aforesaid quadruped has the
misfortune to be killed by a railroad train.
One of these cases came up before the court
being the suit of Israel Clark, colored man.
against the Savannah, Florida and Western
Railway for 800 damages, alleged 10
have been sustained by the loss Of
a horse, which was killed by lumber
train on said road. 1t was in evidence that the
animal was afflicted with some disease In his
feet and legs. and his habit was to stand and
walk upon his toes, the hoofs being turned in,
which was rather awkward, to say the least
though the owner asserted that it in nowise
interfered with his working qualities. The
plaintiff was represented by Major A. B.
Smith ana the defendant by ]. L. Whatley
The case was we'll fought but the jury, after a
brief absence. returned with a verdict in favor
of the plaintiff for $65 and costs, showing that
the jury did not consider the value OF the horse
was affected much by an affection causing him
to walk or trot on his toes la premier dan
Seuse.
This case reminds me that there is another
SUIT FOR HEAVY DAMAGES
against the Savannah. Florida and West
court which will be brought up
at the next term. This is a suit brought by
Mrs Eli Harper. living at No IA for So, 900
damages. 1t appears that some time in June
last Mrs. Harper bought ticket at station No.
9 TO 115. only half a mile distant, and got on
board a train On reaching IL the train
slowed down but did not stop, and Mrs. Harper,
being compelled to get of there, jumped from
the platform step. aud was thrown violently to
the ground, breaking both her ankles and sus-
tanning other injuries. 1t is alleged that the
did not take up Mrs. Harper's ticket. and was
not aware there was a passenger for IL. hence
did not stop the train 1t is anticipated
that this will be very interesting case.
WAS IT sLANDER9
Another case of interest tried was that Of T.
E. Bitch VS.. Joseph Elarbee, two well known
citizens OF Bryan. The suit was for SANDER,
the plaintiff af1ixing his damages at $500. In
his declaration the plaintiff alleged that on the
I'd Of December, 1877, the defendant, in the
''You remember that hog you took across the
creek" meaning thereby that he had stolen
a hog; and on the 9th Of March, 1880,
said to the plaintiff, also in the pres
ence of others. that he was "a id
rogue" whereby he was damaged in the esti-
nation of his fellows to the amount stated
The plaintiff was very ably represented by Mr.
r. f. c. Smith, who made well considered
argument, embracing a number of strong
points, the defendant beirg represented by
Mr. p W. Meldrim. The plaintiffs counsel
stated that his client did not so much desire
money damages as he did a verdict
Jury, it appears, did not consider the language
slan6erous or that any damage had been done
the plaintiffs reputation, es they returned a
verdict in faver of the defendant. It also
seems that the law does not recognize the call
ing of man add rogue as actionable, but
to call him "a rogue and a vagabond" will rem
der the bestoual Of such a compliment amen
able for damages. Verify, verify, the con-
struction Of law is wonderful, strange and
beautiful.
The conclusion of this case was not reached
until after nightfall, and the edifoe dedicated
to Justice was Illuminated with several talloW
dips planted in their own drippings on various
tables in the room. Everybody was tired out
and there was general sigh of relief when
the Judge ordered recess until $50 o'clock
in the morning, though the announcement of
the early hour seemed to strike terror to the
souls Of the worthy members from Chatham.
Judge Tompkins, however, seems determined
10 Gle an OH the accumulated business as rapid
ly as possible, and will make every hour tell
This is the first regular term he has held
since his reappointment, and the manner in
which he has settled down to work is crafty
ing at least to the taxpayers of the county.
MINOR TOPICS
An amusing incident occurred at the open
ing of the court to-day, the session being
opened as it we're, by an infant ''crier. "
Among the crowd which filed the room was
colored woman, with baby in arms, and as tn
Judge took his seat, the infant gave practical
evidence Of his possession of lungs OF forty
horse power. The court suggested that there
was no immediate necessity for the presence
Of the baby, and when it was wanted it could
be sent for, whereUpon the infantile "crier'
and its maternal were escorted out.
Among those on the ground I had the pleas
politician, Major Henry Smith and Capt. d. d.
Bradwell of Hinesville. Major Smith informs
me that he is preparing for the next campaign
and at the next Senatorial convention OF the
First district will renew his advocacy of the
claims of the county to representation, as it
were.
The crops in this county, learn, are, on the
average, very satisfactory. The farmers all
seem cheerful, but say it requires In truth the
sweat of the brow to wiring anything out of
the soil, and that they are rather strapped, -
that is, are "hRrd up"
It is probable that the court win not adjourn
until Wednesday afternoon, as after the crimi-
findings of the grand jury to-day, is disposed
OF, there are some eertiorari cases to be con-
sidered. B. h. r.
HORSF0RD'S ACID PHOSPHATE.
In Loss OF Appetite.
Horsford's Acid Phosphate is used with