Savannah morning news. [volume] (Savannah) 1868-1887, 1884-06-18
THE PRICE OF \ LIBELED CHAR
ACTEE.

A city Court Jury Wrestling with
Tamacraw sIander-Digesting the Evi-
deuee in the Wee Sma' Hours.
The CITY Court was engaged yesterday
i'm the trial Of the case Of Mary Ann Hall
and her husband, Ivey ;. Hall, who
brought an action Of damages in the sum
Of 5000 for SANDER against Mrs. Alice
smith. Tho Islander was said to have
been committed on January %, on Indian,
near Farm street, in the western part OF
the city. The plaintiffs in their declara-
ton alleged that the perpetratOr OF the
SANDER uttered debasing language against
them unit for publication.
From the testimony before the jury II
apurarpd that Alice Smith and Mrs.
Halls mother own lots adjoining one an
other. and that afterthe fences around the
lots were destroyed by the great fire OF
October 81. Mrs. smith called on City
Surveyor Howard tOrun the line so that il
could d. staked oil and fenced 10 was also
i'm evidence that after the line was run
one of the stakes was moved 50 as 10
auparentiv lessen the width Of Smith's
lot aud % increase the width OF Mrs.
Lynch's. Mrs Hall at the time was erect
ing a house on one Of the adjoining lots,
Mr.. Hall paving for the same, while Mrs.
Smith had q cOlOred man digging for sand
While the negro was at wsrk Mrs.
Smith went, with her sister, Mrs. Carlos,
more for amusement than anything else,
% see him work. While they were there,
Mrs. Hall and Mrs. Lynch made their
appearance. when Mrs. Smith and her
deceased husband We're called robbers,
and that the latter came BY his property
by stealing TO- Other abusive cpl
thets iuadmissihle for publication
faf.f IN Erha
Hall struck out from the shoulder and
Knocked Mrs. smith down. According 20
Mrs. Smiths testimony she took no fur
Their part in the controversy at that time.
She Law on the ground unable to move.
and could not say what followed. IL ap-
peared. however, that Mrs. Carlos under
took Co take the part Of her sister. when
Mrs. Hall Knocked her down with brick.
Mrs. Carlos testified that she was cut in
three places in the head and was laid up
some time from the effects Of the blows.
The fight attracted the attention
of Dir. Lynch and Mr.. Carlos, who ran
20 the scene and took sides. Mr.. Carlos
was severely beaten by Mr.. Lynch. The
Lyuches and Mrs. Hall, however, escaped
unhurt. During the fracas a number Of
persons. white and cOlOred, became inter-
ested spectators, and some OF them were
called upon % testify in the case. The
evidence was very conflicting, but the
prepOuderaucc Of testimony went 70 show
that Mrs. Smith was knocked down for
having used opprObTiOus language b Mrs.
Hail.
City Surveyor Howard testified as to
the running % the line between the lots
already referred TO, but he was unable to
state positively whether the stake had
been moved. but the running Of the line
Increased the width Of Mrs. Smiths lot,
so as 90 give q front Of about twenty-nine
feet. aud the stake was then placed TO in
dictate TIE correct line. A number OF
gentlemen were introduced 10 prove the
character both Of Mrs. Smith and Mrs
Hall. These witnesses gave both women
a good character. It was shown that
Mrs. Hall had always borne a good repu-
tati9n, and that the remarks alleged to
have been made by Mrs. Smith were not
justified I'm point Of fact.
DIR. J. b. Read testified that Mrs. Smith
had been under his treatment sometime
previous 90 the fracas and for sometime
afterwards. and that she was aged and
infrm. Mr.. Hall who brought the suit
is fair-compleXioned young woman OF
medium height and Of prepOsscssing ap-
pearance. She Is quick and grace
ful in her movements, and her
voice and manner indicate that
she Is a woman Of a good deal Of decision
OF character and spirit. sac testified that
Mrs. smith iusimu1teu tnaE she Mrs
Halll was building = house with Mr..
Renkiu's money, and that Mrs. Smith
used the opprObriOus epithets quoted in
the declaration and upon which the suit
for damages was predicated. She also
testified that her husbands money erected
the house. and-she admitted having struck
Mrs. Smith.
Hon. p. ". Meldrim opened the argu-
ment in behalf Of the defendant, and was
followed by r. r. Richards, Esq. repre-
senting the plaintiff. The case was given
20 the Jury about O'Clock, and they re-
tired 10 make a verdict. Up TO a late
hour last night they were still out. When
they retired the general opinion among
the spectators i'm the court room was that
a verdict would not be reached, and that
\ mistrial would be declared.