The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-03-27
THE TOLL.GATE MUST GO.
4 VERDICT AGAINST THE VERNON
SELL ROAD COMPANY.

White Bluff Tou-Gets Case-Tn'
Jury Decides After Twenty-eigh
Hours Delhi grafton That the Gate
Must be Moved Beyond the City
Iinits-Attornsy saussy to Oppose
the Verdict.
The toll-gate case has been brought to &
close for the present at least, and the city
came out a winner.
The jury aftes laboring for twenty-eig hi
hours with the complicated features present
ed for their decision came ia yesterday
afternoon at o'clock with q verdict in
favor Of the city.
They were brought in at 10 O'Clock yesterday
morning AID we're asked by Judge Fallig ant
if they were in doubt as to either the law
or facts, and they replied that it was the
latter point which troubled them. The
court then ordered them back to their room
70 again take up the case, over which they
had lost a good nights rest
Later thew sent in request for certain
documentary evidence, but this was refused
At4o'clock they announced that they had
reached verdict, and were brought down
stairs to the court room, many OF them
showing the effects of the strain which they
had gone through.
Judge FaIligant directed Clerk Carr to
receive and read the verdict. which was as
follows, the answers Of City Attorney
Adams only being answered:
THE QUESTIONS ANSWERED.
/. Has the Vernon Shell Road Company
the right to keep its fences along the line or
on the road bed Of the White Bluff road,
within the limits of the city of Savannah
Answer-No.
Q. Has the defendant the right 70 remove
these fences through its marshal'
Yes.
5. Has the Vernon Shell Road Company
corporate limits Of the city Of Savannah.
where it now is!
No.
T. Should this toll-gate be removed out
side Of the corporate limits Of the city Of
Savannah!
Yes.
Then followed this verdict: "We, the
jury, find verdict in favor of the mayor
and aldermen of the city of Savannah
The conclusion of the jury was received
with a smile by the crowd in the court room,
aud Attorney Ssussy Immediately inquired
if the questions submitted by him for
answer had been replied to, and if they
hadn't he would decline to consider 1t a
verdict.
the court would not receive the verdict un-
less all the questions submitted were
answered, and ordered them back to their
room.
The jurymen did not take kindly to this
state OF affairs, and started back upstairs
with determination depicted on their coun-
tenances which meant that they would
come to quick understanding
THE OTHER SIDE OF IT.
They were not out more than seven min
utes before bailiff announced that they
had agreed and they were again ready to
submit the verdict.
The questions of the road company and
answers thereto follow:
]. Have the mayor and aldermen Of the city
of Savannah ever condemned any portion Of
the road-bed Of the Vernon Shell Road Com
pany as street or part Of a stree. since
July q, 1854
No.
. Have the mayor and aldermen of the city
of Savannah ever paid or offered to pay
any compensation 70 the Vernon Shell Road
Company fer opening any streets over or
across the road-bed OF said shell road CON-
panyi
No.
8. II the fences Of tho Vernon Shell Road
Company. between the toll gate and the Sa-
vaHnah, Florida aud Western railway
have access TO the shell road on every street
that may be opened from Fourth, street to
Twelfth street inclusive, without having to
pass through the toll-gatei
Yes
4 II the fences Of the Vernon Shell Road
Company are removed from the intersec-
tioa Of streets that the city has or NAV
lay out between the toll-gats AMI the ex-
tended limits Of the city, VIII not the public
have free and unObstructed access to tho
shell read al every such street intersection
without having 70 past through the toll-gate
or toll house Of the companyl
Yes
). II the fences Of the Vernon Shell Road
Company are removed from the intersec-
tons OF such Streets as the mayor and alder.
men Of the city of Savannah may open over
and across said she'll road from the toll gate
70 the extended limits, practically destroy
the shell road as toll road between the
toll gate and the extended limits of the city
Of Savannah
Yes
TO CARRY UP THE CASE.
The final verdict was again read by the
clerk, and Attorney Saussy gave notice that
he would enter up decree for the plaintiff
non obStdnte Uerdicto, the verdict for the
defendant Notwithstanding.
City Attorney Adams replied with a
smile: And of course, your honor. we shall
oppose the decree"
The verdict was quite unexpected in view
OF the law given from the bench and the
long elaboration of the jury. Everybody
seemed satisfied that the case would termi-
nate in mlstrial. There is no doubt, how
ever, that the supreme court will be re-
CURED to pass upon the issue before the
Vernon Shell Road Company gives up the
fight.
The jury stood nine to three in favor of
the mayor and alderman from the time
they retired to their room on Wednesday
until late at night, when one went over to
the majority side. The other two stood out
until yesterday afternoon, and it is though hi
the fact of being refused the documentary
evidence asked for was what brought them
around.
The verdict seemed to meet with the an.
proval of great majority of those who
heard it. The sentiment of the citizens
generally has for long time been in favor
of the removal of the gate beyond the
limits, and If the Vernon company has any
sympathizers over the adverse finding of the
jury outside of those directly interested in
its affairs they are few and far between
The aldermen were jubilant over the victory
OF the city.
Vernon-Williams.