The morning news., 1889-04-13
CAPITAL OF THE STATE.
TWO INTERESTING DECISIONS IN
THE SUPREME COURT.

1aG OO GOOhAs
roads Can Be Compelet to submit
to Medical Examination-CoL
Thornton's Effort to Have Judg-
ment Set Aside Fails-Georgia' 5 Del
egation to Attend the Washington
Inauguration Celebration.
ATLANTA, GA, April 12.-The supreme
eourt decided new question in Georgia to-
day in the case OF the Richmond and Dan
vile railroad VS.. Childress Childress re-
covered in the court below a verdict for
$500 against the railroad company for an
alleged personal injury. The seat of the
injury was his chest. Ga the trial the rail-
road company requested the court to ap-
point committee of physicians to examine
his chest and ascertain the true nature and
extent of the alleged injury, the physicians
to be selected by the court and the expense
to be betrayed by the company.
Childress objected to this. and the
court below sustained the objection, holding
that he was exempt from examination
against his will. The supreme cour0 re-
versed this decision and held that the court
control the conduct of all persons connected
with judicial proceeding before it In
every matter apper aiming thereto that
the cause of justice would be subserved by
such an examination, and that the d. clded
weight of modern authority is that the
courts have such power. To the argument
that this rule would work hardship upon
delicate and modest females, the
court replied that they would be
faix daI hu ha Of a
trial judge, and that there would be no
danger of such all examination being
ordered needlesslv, or where an improper
shock to modesty or feelings of dehcacy
would be likely.
COL. THoRNToN's CASE.
Judgment was affirmed in the case of
Marcellus Thornton VS. the Americen Writ
ing Machine Company. An interesting ques-
tion was involved in his case. Col. Thorn
ton, who used to be familiar figure in
Georgia politics and journalism while here
from Kentucky recently as a witness in
court, was served with a summons of gar
nishment directing him to answer how much
he was indebted to one Tewksbury,
an ex-agent of the American Writing Ma
chine Company, against whom that com
pany has a Judgment for 81, 900. Col
Thornton was Indebted to Tewksbury for a
nominal sum. He failed to answer the
garnishment and Judgment was rendered
against him for the full amount. He after
ward sought to have the judgment set
aside on the ground tnat he was a non-resi-
dent at the time the summons was served
and judgment rendered against him. and
was here simply as witness and privileged
from service in other cases. The
superior court held that the judg
ment was proper, and the supreme
court to-day affirmed the Judgment
tho - 81 TbAr
claim his exemption in due time, but ignored
the process of the court until after judg
ment had been rendered against him.
TO GO TO NEW YORK.
The governor has appointed the following
delegation for Georgia to the centennial
celebration of the Inauguration of Wash
ington, to be held at New York April 30
Chairman, Charles c. Jones, Jr., of Rich
mond, j. G. c. Black, alternate George A
Mercer of Chatham, A. F. Mcintyre of
Thomas, alternate; n. J. Hammond of
Fulton, Pat Calhoun, alternate. The gov
ernor was at great pains to select represen-
tative Georglans, who would honor the
state on the great occasion, and it win be
admitted with admirable success. The
governor himself will accompany the
delegation. 1t is possible that the
Governors Horse Guard Will go as an es
cort to the Georgia delegation, and Capt.
MllIeQge Is now II Correspondence with tue |
New York committee as TO a supply of
horses for his company.
HAMILToN's DIVORCE SUIT.
Charlie Hamilton of Savannah, through |
Hoke and Burton Smith, his lawyers, filed |
a petition for divorce to-day from Lizzie
Hamilton, his wife. He charges infiielitv.
Gen. P. NJ. B. Young Has accepted an in
vitation to deliver the memorial address
here on April 20.
The governor to-day decided the contest
for ordinary Of Calhoun county in favor Of
j. j. Ragan, the contestee j. NJ. Buckalew
contested on the ground of illegal votes.
REAVES OUT ON BOND.
r. L. Reaves of Athers, who was ar
rested here yesterday after loon on a tele-
gram fgom Knoxville, was released this
afternoon on bond. His Athens friends
came to his assistance as soon as they heard
of his trouble, and were indig, ant
at his arrest. The whole matter arose out
of dispute over mutual indebtedness be.
tween Reaves and II. c. Lynch, Tennessee
horse trader. Reaves left for Athens to-
night to attend the trial tomorrow of Tobe
Murray, who shot him in a difficulty last
year.