Savannah morning news. [volume] (Savannah) 1868-1887, 1881-11-17

From Stat Correspondent.
SPRINGFIELD. EFFNeHAM COUNTY, November
l5.-As intimated in my last letter, there were
some matters OF interest in connection with
the affairs of the county which circumstances
prevented me from dilating upon at the time.
! will first, however, complete my summary Of
the court business, which fortunately was
finished up day earlier than anticipated.
EVERYBODY KIN.
In many cases before this court there is con-
siderable difficulty experienced and delay
occasioned in securing juror, as it is found
that nearly every man summoned is related to
either the plaintiff or defendant by ties of
blood or marriage Everybody is kin to every
body else, as it were and hence the trouble Of
finding any who are not rel 4ted in some way
to one or the other OF the parties at suit. This
was most strikingly illustrated to-day in the
empanneling Of jury to hear the cause be-
tween the Commissioners of Roads and Reve-
nues and the Tax Collector, to which brief
more interest was felt than in any civil suit be-
fore the court. The jury were finally OBJ
tanned, and at about half-past ten the trial was
opened. The case was es follows:
WHO SHALL COLLECT THE TAXES?
The Commissioners Of Roads and Revenues
VS.. A @. Morgan, Tax Collector, ct al. These
are suits against the Tax Cole ctor for balances
claimed to be due from him to the county, and
come into court by virtue of executions issued
by the Commissioners against the Tax Collec-
tor and his suretio' for the alle0ed balances for
1877 1878, 1879 and 1880. to which affidavits of
illegality were filed. After the case had pro-
ceeded through the testimony for the plaintiff
and the &c 7timony of Mr. Morgan, the Tax Col
lector. for defendant, there We sudden in
te-ruption. Upon the conclusion of the exami-
nation Of this witness the defendants moved
to dismiss the levle5 on the ground OF INSULT
cheney in the description OF the property levied
on, promising his motion with the statement
that he had not made the motion sooner be-
cause he wanted his client to have the oppor-
tunity of generating himself before the jury
and the public.
The attorney for the plaintiff moved to
amend, but the Sheriff not being able to make
his amendment explicit and definite, the motion
was sustained and the levies dismissed, and the
cases withdrawn from the jury.
The Judge expressed desire that the Com
missoners and Tax Collector would come to
gether in a spirit of compromise, and har-
monte their differences, if practicable. and
that the matter be settled without further ap-
peal to the courts. But If such arrangements
were not made, the Commissioners could, by
proper proceedings, force the Tax Collector to
a settlement through the courts.
In view of the interest in the case, I may
give brief
SKETCH OF THE DIFFERENCES.
1t appears that the defendant, A. c Morgan
had been in the discharge Of his duties as Tax
Collector during the years 1877, 1873 1879 and
1880. The grand jury during its sessions since
the first year of toe Collectors term had, by q
commit ee appointed to examine into the state
of the county finances and to make report
upon the condition of the records of the Vari-
Gus county officials, found certain discrepancies
in the Collectors returns which demanded at
least an explanation tcom that official, where
upon the County Commissioners, whose duty
it was to look into the matter. cited the Col
lector before them for an exhibit of his &C
counts and an explanation of the acts. The
Collector contended that he had made a
correct return of all monies COL
lected by him; that there were
certain insolvent executions which were not
allowed him, and which ought to have been,
and that the County Board, by its committee,
had accepted certain terms OF settlement
which relieved him of all liabilities and in full
settlement for taxes for the years n, rs and
'79. The Commissioners. contending that they
had given no committee any power to make
any final settlement by allowing such insolvent
lists for these years, still demanded the pay
ment of certain balances yet due.
The Collector refused to make further settle
ment for the years in question, when the Com
missIoners issued their executions for the four
years balances, and had thus levied upon the
property of the Collector and his securities
To these levies the Collector filed his aff1davits
of illegality, making substantially the issues
claimed in his behalf as above stated
The dismissal of the executions thus ends
before the next term that some amicable ar
rangement may be arrived at. the feeling
In the country is so pronounced and divided
that it IS not anticipated that such will be ac-
complished, rather that it will be again
brought to the court.
CRIMINAL CASES.
The disposition of this case was followed by
opening the criminal docket and the first case
called was that against Charles A. Fearn,
charged with assault and battery. It seems
hat hoo ANnFa int msaFw -.
the county to take care of George w. Best, an
old man aged eighty years, who was helpless
and utterly destitute. One night last spring
the cid man disappeared from the house, and
was found two or three days after in a dying
condition in the woods He was removed to
Fearn's house and died in few hours. 1t was
reported in the neighoorhOod that Fearn had
ill-treated him, and IN some way an indictment
had been procured from the grand jury charg-
ing earn with assault and battery. Eight wit
nesses were examined, but not a scintilla of
evidence against Fearn was ELECTED, and YER
dict of not guilty was ordered and rendered by
the jury without leaving the box.
"sAY YOUR PRAYERS FOR I'M GOING TO KILL YOU
were the words of fearful import which John
Hagan solemnly testified VIM. Divine had ut
tered to him simply because he intimated a
doubt Of Divines right to eject him from the
place he was planting on an order purporting
to have been given by Hagan's partner. The
result was that Hagan prosecuted Divine, and
the grand jury returned true bill for assault
with intent TO murder against him. In nut
shell the case was simply a quarrel among
the parties concerning Divine's right to GUST
Hagan from the place without due process.
Divine had gun with him at the time he
plee sanity intimated to Hagan that he had bet
ter say his prayers, and had the weapon
leveled upon him. 1t was ascer-
tanned subsequently, however, that the
gun was not loaded. Hagan defended him
self by seizing a broadaxe, and as Divine
struck at him with the gun, warded off the
blow, knocking the gun out of his hand.
drawn, and the chin music was loud and pro-
longei but the affair ended with Hagan get
ting off with slight bruise on the hand. The
jury returned verdict of guilty of assault
and Judge Tompkins in consideration of Di-
vine having large family, and bearing the
reputation of an industrious negro, inflicted
the light penalty Of $40 fine and costs.
OTHER CASES.
Indictments for assault and battery against
B. A. ArnsdOrf and Robert Barnwell were mol
pressed, and a case for the possession of a
mule, in which two eolored citizens were con-
cerned, was non-suited on the ground that in
the declaration the animal was described to be
"a gray horse mule" whereas it was proven
to be "a mouse colOred jenny mule" differ
ence of color and sex.
THE GRAND JURY's REPORT
paid a compliment to the several county eff
cials for the manner in which their books were
kept and the business of their respective offices
the tax digest.
COMMISSIONERS CENsURRD.
The Commissioners of Roads and Revenues
were reported to have been rather derelict in
their duty in the working Of the public roads,
in vic ~ aafc ina