The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-11-29
TO PROTECT THE HARBOR
THE PROSECUTION OF TIE NORTH
ERN BY TIE CONVENIENT.

The Charge Against the Vessel That of
Dumping Refuse in New York Har-
bor-The Case 70 Be Tried in savan-
nah Next Month-Ths Days Record
IN the Courts.
All the evidence for the defense Ia the
libel suit OF the United States vs.. the British
steamship Northern, charged with violating
an act Of congress by dumping ashes into
New York harbor. has been taken before
Commissioner Gillespie by Stsnographer
Joseph III. Dryerson.
| The taking OF the evidence OF the defense
first is little out of the ordinary, but it was
done in the case Of the Northern to allow
the steamship to sail tomorrow. Commits
sioner Gillespie was engaged until late last
night in hearing the evidence read TO the
witnesses for verifcation from the steno-
grapher's notes, and will be engaged In the
same work until tomorrow afternoon.
The testimony of the Northern's crew is
absolute that no ashes were thrown out
within the limits of the tidal waters Of New
York harbor, and that none were dumped
overheard until the steamship had passed
Sandy Hook lightship.
The case will be tried at the December
tcE Oh tuo " ulteQ States court, AZ WDlcl
time the governments witnesses will be
here from New York 70 give oral testimony
w. r. Leaken, Esq, is looking after the
governments interests in the libel He was
appointed special United States attorney by
Attorney General Miller, and put the
Northerns witnesses through a rigid exami-
nation before Commissioner Gillespie. Mr..
Leaken will also prosecute the case In the
regular trial before Judge Speer. Charles
N. West, ESQ.,, represents the Northern,
and bis turn at the witnesses will come next
month.
Capt. Richardson OF the Northern gave
bond, with j. f. Minis as security. in the
sum OF IS, $50 to cover all damages and
costs. The penalty in case Of conviction is
fine Of 81, 500.
It may be interesting 10 know that the
new United States court Of appeals, which
practically takes the place Of the United
States supreme court in all matters except
government cases, has been established at
New Orleans. Hereafter Georgia lawyers
wishing to appeal cases TO the United States
court will 90 to New Orleans instead of
Washington. The rules of the new court
have been Issued and forwarded TO all at
torneys allowed to practice in it. A large
number Of copies Of the rules have been re-
ceived by Savannah attorneys.
The most important feature Of the new
court is that 1t gives the appellant more of
chance Of hearing and introducing new
evidence than could have been secured In
the United States supreme court, besides
handling business with greater dispatch. In
the latter court it took three years to secure
hearing, while the new tribunal grants
hearing within six months. Probably the
first case from Georgia to be heard by the
court OF appeals will be- the Nedjed-Macon
admiralty libel The papers have been sent
on and the attorneys are now awaiting
notice Of assignment The judges who will
hold the court are United States Circuit
Judges Pardee and Locke. The third Judge
has not yet been appointed by President
Harrison.
The United States court will convene
Monday, Dec. z. Judge Speer has a big
docket ahead of him and he will have TO
rush matters. He is expected to render
decision at the coming term in the st.
Nicholas case.
The city court will not convene to-mor-
row as was expected Judge Harden is de-
tanned in New York on business and won't
be home until Wednesday or Thursday.
Thomas FL. Maxey has been reappointed q
notary public by Judge Falligant.
The Savannah lawyers have returned
from Mcintosh superior court The docket
was one of the lightest in years and the
court finished its business in hurry. There
were only about a dozen criminal cases the
gravest being assault with intent to muir
der, and those convicted were given chain
gang sentences.
The superior court which oonvenes Mon
day, Dec. has heavy criminal docket TO
dispose Of. There are half a dozen capital
cases to be tried, Ave of whom are white. as
follows: Pittman, the slayers of Jones :;
Hughes, who killed Tim Hyde; Bar
clay, who killed Respess two years ago;
Rogers. who killed Dixon in the Savannah
Florida and Western railway yard in April,
1900 and Watts NTH orsou Tbo