The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-03-02
MORTGAGE HOLDERS WIN
THE VERDICT IN tbs EPSTEIN &
wANNBACHER CASE.

The Jury Declares the Mortgages and
Assignment Of Accounts Valid and
Acquits the Preferred Creditors of the
Charges Of Fraud-The Unpreferred
Creditors Out in the Cold-The Neat
Sum the Members ofthe Firm Drew
Out OF the Assets-The Case the
Most Extraordinary Ever Tried in
Chatham County.
The Epstein & Wannbacher case ended
for the time being, at least, at IL O'Clock
last night, when toe jury returned a YER
dict In favor Of the mortgage holders aud
preferred creditors.
The verdict embraced answers 10 forty
questions, finding Epstein a. Wannbaoher
indebted to Samuel Herman in the amount
Of the demand note Of Aug 25. 1890, for
s24, 247 "a, as set forth in his petition and
foreclosure proceedings; that they owe him
for the payment OF accommodation notes
sggrsgating SIS. 500; that they are indebted
TO Mrs. Fannie Josephs in the principal sum
OF $500. besides interest on two
notes; to Mrs. Sophie Lehman
for 5000, less the net collections
under the assignment OF accounts 20 her; to
]. Epstein q Bro. $1,000 as accommodation
tndorsers. Less the net collections under the
assignmen OF accounts 70 them; to Herman
q Kayton s242 Is on open account; to H.
NJ. Selig s.. 500, N. Boley & Son SIS. $500, as
accommodations indorssrs, less net colleo-
tions of assigned accounts; 10 J. q. Haas, as
accommodation indorsers and for the debts
of goods sold and money loaned by him
aggregating s7,069 "a, less net collection Of
assigned accounts.
THE SALES HELD VALID.
Regarding the sales made by Epstein &
WBunoscher to l. @. Haas ana the Savan-
nah Grocery Company, Aug. 25, 1890, the
jury found them TO be valid. The mort
cages are pronounced valid as are also the
assignment Of accounts, the foreclosure pro-
ceedings Of Mrs. Lehman and Mrs. Josephs
10 have been instituted in good faith for the
endorsement OF debts aud securities, and
acquits 5. Herman, Mrs Fanny Josephs,
Mrs Sophie Lehman, l. Epstein IL Bro, II.
ID. Selig, /. q. Haas, the Savannah Gro
Gerry Company. Nj. Boley a. Son, and A.
Ehrlieh q Bro. of the charges of fraud
brought against them by Boykin, Seddon
a. Co.
The jury also found for Boykin, Seldom
d Co. against Epstein & Waunbacher,
ana also that s. j. Epstein and G.. Wann-
oacheT had withdrawn from the assets,
which they wrongfully and fraudulently
withheld. S17. IT'S rs, the original amount
being s23. III rs, divided respectively be.
tweei the partners In the sums of 81, 124 IS
and Sl2, SOB 81. Mr.. Waunbacher, however,
showed that he had paid out S6,552 Of his
share for debt.
An EXTRAORDINARY CASE.
The case was probably the most extraor-
binary that has ever been tried in Chat
ham county. 8. Herman, on Aug. 25, 1890,
closed Epstein 81 Wanubacher's establish
"a a
appointed by Judge Fallgant, and disposed
OF the stock for about SAT 600 Besides the
mortgages the defunct firm preferred such
creditors as had acted as accommodation in
dorsers Boykin, Seldom & Co, the lead
ing unpreferred creditors, then entered suit
charging fraud on the part Of the preferred
creditors and Epstein g. Wannbacher.
Other creditors joined in the issue,
aud when the case was called
for trial Feb 2, there were nearly
dozen cases against the preferred creditors
and Epstein q Wannbacher. Altogether
swenty-three members of the bar were en-
gagged in the case.
BY consent Of counsel special jury was
from the grand jury.
since Feb. :, with the exception OF few
days, the trial has occupied the undivided
Of the superior court.
THE ARGUMENTS.
The arguments, which began Feb. 20.
were probably the longest ever heard in
a trial IN this city. S. B. Adams. ESQ.
opened that day and spoke from 1890
o'clock until 80 o'clock. r. r. Richards,
Esq. followed him from 80 O'clock till 3
o'clock, and from $3.50 until $3.50 O'Clock.
Next day Col. Garrard spoke from 10 O'clock
until 1:55 o'clock. and from $3.50 O'Clock un~
til b O'Clock. j. r. Saussy, ESQ.,, followed
from 6:O5 o'clock until $50 o'clock. Satur-
day Hon. Walter g. Charlton from GAO
o'clock until 1905 o'clock, and Judge
Adams from 1910 o'clock until l so o'clock.
and from o'clock until $50 o'clock.
yesterday Judge Falligant's charge lasted
from 10 O'Clock until 11:15, and it TOOK the
jury from that time until few minutes be-
fore II last night to determine the knotty
case.
HEARING THE VERDICT.
There was quite gathering in the court
room Wnen the verdict was rendered, Judge
Falligant and some Of the lawyers came In
dress suits from wedding reception.
After the verdict had been read by Clerk
Carr. Judge Falligant turned to the Jury
and thanked the members for the
manner IN which they had performed
their duty. 1t was, he said, the
most extraordinary case ever tried in the
county and he could not speak too strongly
IN commendatlon OF the conduct of the Jury.
Judge Falligant said be spike the sentiment
Of the bar as well as himself in extending his
thanks.
Mr.. Richards and Mr.. Saussy of counsel
Tor Bovkin, Seldom ct al, gave notice that
a motion for a new trial will be made and
the litigation fought through to the courtof
last resort