The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-05-03
IN THE UNITED STATES COURT.
Interesting Decision Looked For
Hearing of the Coast Line Case.

Oh pQ6 SOt1SI LlAc S1cO
In the United States Court argu-
ment was heard yesterday on a motion
to quasb the criminal information in the
case of the United States VS. Otto Johansen,
charged with smuggling spirits into the
country and retailing it. The maximum
punishment for the offense is imprisonment
for two years, and his counsel, Mr.. .. b.
Adams, raises the point that under the con-
stitution of the United States maa cannot
be put upon trial for an infamous crime ex-
cept upon an indictment by grand jury,
and that any crime which might subject
man to imprisonment for over two years Is
infamous within the meaning OF the law.
If the position Of Mr.. Adams is correct the
practice hitherto existing of trying cases
for illicit distilling and even for retailing
liquor without special tax stamp will have
to be discontinued.
The District Attorney argued that it
made no difference what was the length of
the imprisonment prescribed by the statute;
that unless the statute required that the
imprisonment should be at hard labor or
the crime involved moral turpitude, or was
a felony at common law that it would be
misdemeanor, and that in misdemeanor
cases the court would have no right to sem
tence man to penitentiary, and that the
practice hitherto existing of sending all
persons to the penitentiary convicted of
a crime, the punishment of which
is imprisonment for over year,ls contrary
to law, and that the court not having the
power Of furnishing misdemeanor cases by
Imprisonment in the penitentiary that the
punishment is not infamous and that an in
formation will lie Judge Speer will render
his decision this morning. If Mr.. Adams
motion is sustained it will operate to post
pone the Harrington illicit distilling case
for indictment of defendant
In the case of the United States VS.. H. S.
Harrington, charged with rendering false
account as postmaster motion TO quash
the indictment for informality was sus-
tanned.
The equity case of George Parsons vs.
NJ. J. Desvergers, and vice versa, will come
up again to-day, on bill and cross bill, on
exceptions to the Masters report.
This cause, as heretofore stated in the
MORNING NEWS, grows out Of the purchase
Of the Coast Line railroad by Mr.. Parsons.
acted for Mr.. Parsons in purchasing
the controlling interest in the road, Mr..
Parsons advancing some s34 600 for the pur-
chase There were many other minor trans
actions between them, and contracts,
mainly oral, relating to the same general
subject.
Mr.. Desvergers was ousted from his po-
SltlOn IN the management or the road, ana
the account between him and Mr.. Parsons
was never adjusted. Each party claims an
Indebtedness from the other, and prays for
certain special relief The finding of the
Master was mainly in favor Of Mr.. Des-
vergers.
At the threshold of the argument, on
Tuesday of last week, it was developed that
the Masters report failed to set out the
evidence upon which each particular find
ing was made and the exceptions made by
counsel to the report also omitted to set out
the evidence on the points excepted to, and
the court refused to proceed until the
defects were remedied. The Master was
ordered to amend his report and the coun-
sci their exceptions, and the case was
reassigned for May 1, but was again
reassigned for to-day.
The case involves material interests con-
nected with the Coast Line railroad, and
has attracted great deal of local interest.
r. r. Richards represents Desvergers and
ex-Gov. Chamberlain, of South Carolina,
and Mr. Atkins represent Mr.. Parsons.
The attorneys IN the case have had to work
hard to get the papers in for hearing, and
the case will probably occupy the time of
the court to-day and tomorrow. 1t is said
that Judge Speer will adjourn court for the
term at the conclusion of the Desvergers
case,