The morning news., 1889-04-09
JUDGE ADAMS DECISION IN THE
CEMETERY CASE REVERSED.

Equitable Life VS.. May; from Chatham.
Reversed
Martin vs. Farley; from Chatham. AT.
6rmed.
Cox vs. Murphy; from Chatham. Re-
versed.
Mccarthy VS.. Vale Royal Manufacturing
Company; from Chatham. Affirmed.
MCGOWAN VS.. Lufburrow; from Chatham.
Reversed.
Thompson VS.. Morgan; from Chatham
Affirmed.
Kendy VS.. Beatty; from Chatham. AT
frmed.
Kline VS.. Becker. bishop, ct al; from
Chatham. Reversed.
Wardens and Vestry Of Christ Church
VS.. the Mayor and Aldermen of Savannah.
Reversed.
Frobel administrators, vs. the Coving-
ton and Macon railroad, ct al. Bill
affirmed.
Western Union Telegraph Company, vs.
Reid Bros from Thomas. Reversed.
Prey, ct al, VS.. Shapler, ct al. from
| Brooks. Affirmed
Domestic Sewing Machine Company, vs.
johnson. Affirmed.
Jones VS.. Gordon, Governor; from Bald
Hull vs. Macarthur; from Pulaski. Re-
versed.
Taylor vs. the State; from Monroe. Dis.
missed.
Long VS.. Wright; from Daugherty AT
frmed
Bearden VS.. the Metropolitan Isreet Rail-
road Company. From Fulton. Reversed.
THE CHRIST CHURCH CASE.
In the Christ church case the opinion, a
very lengthy and exhaustive one, was rem
dered by Chief Justice Bleckley. Tue de-
cision is a careful review of the early colo
nial history of the corporation, trac ng the
title of the property in dispute from
that day to this, and finding it all
along resting in the Christ church
corporation. Discussing the question the
| chief justice says; Having, as we conceive
by right and proper construction of the
original act OF incorporation, ascertained
that the cemete y now in question
belonged to the corporate body known
by the name Of Christ Church in the
town Of Savannah, what beca9 Of
that corporation, and its effects when legal
| government ceased to exist in Georgia and
| the province became "a sovereign state
These questions open aswide field for re
search, both legal and historical, a field !
| which We have entered only far enough to
satisfy our own minds that whatever may
| have become Of the corporation, its prop
ertY of all kinds was still property apper-
| tanning to the church, and If subject to
seizure and appropriation by the state,
| (Which from the authorities, admits Of
| question: no such seizure or appro-
priation of this cemetery has ever
| been made by the state Of
| Georgia. The state so far from intending
to take away from rist church any
church site, church edIace or cemetery.
| which had ever belonged to it, either in its
corporate or social capacity, that is as a
spiritual corporation by virtue Of the act Of
| 1853, or as mere religious society de-
signed to confer on it corporate capacity
for holding, enjoying and defending all its
| property no mstter when or how acquired y
| and further; Il asmuch as there has been
no attempt by the state to assert any title
in its behalf TO the cemetery
| now in controversy between the
parties TO the prese It litigation, we are not
called upon t. say W ether the state could
effectively have made such assertion or not.
The court below erred, we think, 10 holding
and deciding that the plaintiffs in error
never had title to the cemetery, and in dis
missing the bill, chiefly on that ground, as
| appears from the OPT ion of the court in
the record. For the present we decide no
other question In the case, but leave the
doctrine Of prescription and all other matters
Of defense TO be dealt with anew on
the rehearing. The judgment is reversed"
The decision contained the following grace
full acknowledgment. ''In investigating
the su ject, we have had the assista ICE OF
the able and eminent historian Of Georgia,
Charles q. Jones, Jr., LII D., and the info NJ
aticn which we rave derived from h i'm has
contributed materially to tho establish
ment Of this conclusion" The court took
up the docket for the spring term, begin
nlng with the Alta circuit. Advices
have been received from Judge Blantord,
who is at Hot Springs, stating that he has
recovered his heath and will start for home
in few days.
REvIERE's ALLEGED CONFESSION.
1t is reported that A. d. REVERE, who
murdered his pal at Stone Mountain, has
made a confession to his fatner-in-l wv. w.
j. Nash of Gwinnett county, who has
been to the Decatur Jail to see. The
report is traced TO the Nash family
Thompson, the murdered man. was pro-
fessional burglar, and ne had persuaded Re-
Were TO join him In the robbery of Judge
Scruggs, a wealthy gentleman near Stone
Mountain, who lends money, and has no
u e for banks
REVERE BACKED OUT.
On the night OF the murder the two were
making for the house when REVERE backed
out, saying he had never robbed before and
had made up his mind he wouldn't now.
With this be turned back towards the depot,
Thompson following, abusing and threat
ening him. At the railroad track he threat
ened to kill REVERE IL he dindt 20 with
him, and Roviere. fearing for bis life, struck
him with the jimmy and then sIot him.
REVERE, when asked about the report to-
day c0ntradi dicted it fatty, saying he had
not confessed and had noting to
confess His lawyer had instructed him
last week TO keep his mouth shut and he
was going to do so.
PRISONERS BREAK JAIL.
Three prisoners, a white man, charged
with violating the liquor law, and two
negro burglars, broke out of the Decatur
jail last night They succeeded in moving
a large stone out OF the wall OF coll and
crawled through the hole. Sandy Harris,
q egro, one Of the Decatur rioters, under
life sen ence, In the same cell, refused to
join them. Aftsrward he walked up town
and not fed the sheriff Of the escape. The
sheriff locked Harris up aud took posse to
hunt for the fugitives. Their capture has
| NOT been reported vet.