Savannah morning news. [volume] (Savannah) 1868-1887, 1886-06-26

OCCUPY the principal part of the second
Hoor: Inc entire building will be S0XY5
Ieet IN dimensions. The jury, toilet and
attic.
U. d. Barton, who, it will be remem-
Dered; several months ago was ar
IssCeu al Atlanta upon charge
vi cheaung and swindling, and
upon conviction fined $1,000 or one
year in the county chain gang. succeeded
IN getting his liberty Thursday night.
Barton came to Atlanta claiming to
represent firm in Chicago, and wanted
10 engage number of travelling statesmen,
requiring them to put up $40 in advance.
ne secured young man named Wilson
ana mad made arrangements with others,
when 1t was discovered that he was a
cheat and a swindler. After his convic-
ton his wife, who was atAtIanta with him.
Dy her pretty face, handsome figure and
fascinating manner, managed to enlist the
sympathles of number of citizens, and
a complimentary entertainment was
given her at the opera house, in which
Mrs. Barton appeared in character Co.'S
tune, giving specimens of comedy acting.
several appeals were made to the Gov
ernor for reduction of fine. A few weeks
ago the Governor reduced the fine to $3.50
upon the statement of Mrs. Barton and
her attorney that this amount could be
raised. Tonight Mrs. Barton appeared
at the camps of the county chain gang,
and, upon paying the money, her hus-
band was released. Barton has served
about five months in the chain gang.
AT Macon Wednesday in the United
States Court an important case was tried
1t was the case of Thomas l.. Frazier vs..
W. Il. Moore Co., for the recovery of
5000 in notes. 1t seems that Moore & Co.
gave the note to Brice. who before ma
fury deposited it with Swift & Co. as COL
lateral security, and they advanced
money on the note. Swift g. Co. then sold
the note to Thomas l.. Frazier, and the
latter sued for the recovery of the amount
Of the note. The defendant plead that
the note given was only an accommoda-
tion note, without consideration, and that
Frazier bought the note from Swift & Co.
after maturity. The court dismissed the
plea on demurrer on the ground that
Frazier stood In the place of Swift e.
Co.. and that the latter became possess
tors of the note before maturity. Defend
ant Tiled petition setting up the plea
that Frazier had no title to the note, be-
cause Swift & Co. held it as a pawn, and
notice required under the laws of Georgia
had not been given Brice, as was neces-
that the note had been settled by Swift q
Co. Judge Speer sustained the demurrer
on the last plea that Frazier stood in the
shoes of Swift b Co. If Swift & Co. had
sold after maturity, Moore 81 Co. could
not have set up such defense. The ver-
dict was as instructed by the court
$500 tor the plaintiff. A case of a similar
nature of Frazier vs. Butler was de-
cided in like manner.
One of the most extensive and varied
seizures ever made for the violation of the
internal revenue laws was made by Dep
uty Collector ChisOlm, assisted by Deputy
Marshal Mcdonald, Wednesday night,
two miles beyond Stone Mountain. The
seizure consisted of one man, Benjamin
Franklin KillgOre, a gin house, fifteen.
horsepower engine and boiler, one still,
cap and worm, one cotton press, cotton
seed, one mill, and number Of other
things. Deputy collector Chisolm has
heen working the case for nearly month
He knew that the ardent was being
made in or near the gin house
and be knew that he would get it even
if it was as deep down as the artesian
we'll. Wednesday night the Deputy Col
hector aud Deputy Marshal Mcdonald
went down to the mountain and made q
careful survey OF the surroundings. AL
was QuteG dound Tue glus HUI nOlSt
save the chirp of the crickets could bt
heard. After a long search well-likt
entrance to an underground distilleTy
was found beneath a pile of cotton seed
They went to work and the seed was
soon removed and the door was found
1t was raised up, and holding the lantern
over the opening the two men looked in
They could see nothing save the pitchy
darkness. A string was tied to the ian.
tern and it was lowered depth of fifteer
feet or more before bottom was found
Swinging the lantern around they dis
covered ladder against the side of the
wall. AS soon as thIs was discovered the
two men felt all right and went down
They were soon in an underground distil
Iery. Everything was in tip-top shape
and ready for business. There was The
still, and everything showed that it haC
only been short time since run hat
been made.