davidaulloa/AmericanStories huggingface dataset:
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
RESPONSIBILITY OF LAWYERS.
Facts Brought Out BY the Trial OF the
Millen suit.

Facts Brought Out By the Trial OF the
Millen suit.
The Millen case has started holders of
real estate speculating as to whether an
attorney who passes upon a title to land and
declares it good, can be held responsible in
suit for damages in case the title proves
TO be bad
This has set great many of the lawyers
10 thinking seriously over the matter
There are very few lawyers in the
city OF any prominence who have
not passed upon a number of titles
to Savannah real estate since beginning the
practice of their profession. As misht
naturally be expected, the lawyers agree
that an attorney cannot be held responsible
in a case OF this kind except where failure
70 discover the real value Of the title was
due to negligence on his part. If he has
exercised ali due diligence In seeking TO dis
cover the character Of the title, and the title
should after ward be found to be bad from
some cause which was beyond discovery
by the lawyer, then he cannot be held
responsible.
Many people have an idea that there is q
statute covering such cases with regard to
an attorneys liability but this Is a mistake.
The code has no such provision. There Is
nothing, however, to prevent a suit IN DOM
mon law in case Of this kind.
In the opinion of the lawyers interviewed.
the position of an attorney under the cir
cumstances supposed is similar to that
perform q contract.
II he failslto perform his contract faith
fully he is liable to suit for damages. II
a lawyer undertakes TO ascertain the char
acter of a title and neglects TO take the
proper steps to do 30. and In 90 doing de-
clares a bad title to be good, thereby caus-
ing loss to his client when the character OF
the title is discovered, he is liable for dam
ages.
Many instances were brought to mind.
however, of bad titles which were declared
good by lawyers because Of facts which
were withheld from them or which It was
impossible for them to obtain. A leading
attorney Of the city once declared a title
good upon sworn affidavits presented TO
him, which were afterward discover to
be forged. There have been various in
stances of property being passed by law
yers as uninoumbered when there were
mortgages on record which the clerk of the
court had failed to index, and which it was
next TO impossible for the attorney to dis
cover.
The MilledRe cases. which were decided
IN savannah in 1871 or 1872 were similar
IN character to the present Millen suits.
The titles to the property were passed
upon and declared good by Maj Tom Floyd
and other prominent lawyers Of that time,
When the suits were carried to the supreme
court the court declared the titles invalid,
Shortly afterward the supreme court
rendered decisions in the cases practically
reversing its previous decisions, and sun
porting the position taken by the ATTORNEYS
This indicated the attorneys.
The cases in which a client recovers
damages from lawyer are few and far
between.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
LOCAL PERSONAL.

W. s. Daffln arrived home last night on
the City of Augusta.
j. D. Tweedy Of Madison was visitor to
the cotton exchange yesterday.
c. s. Cults of Montezuma was a visitor at
the cotton exchange yesterday.
W. F. Barnett of Knoxville was a visitor
to the cotton exchange yesterday.
j. H. Gilbert arrived home on the City OF
Augusta from New York last night.
j. r. Einstein arrived home last night on
the City OF Augusta from New York.
Harry T. Miller, representing the Macon
telegraph, was in the city yesterday.
W. E. Hawkins Of Americas was visitor
on the floor Of the cotton exchange yester-
day.
Capt. T. NJ. Fleetwood came home last
night on the City of Augusta from New
York.
Miss Thekla Schwarz arrived home yes.
terday from New York on the City Of Au-
gusta.
J. A. Galina arrived home yesterday
morning on the City Of Birmingham from
New York.
A. y. Eichberg returned yesterday
from two weeks trip among the mount
aims Of North Georgia.
Dr. J. G. Crowley returned Yesterday via
Montgomery from Milledgeville, where he
has been visiting his parents.
Erich FabarIus, the well-kuown cotton
buyer OF this city, was q visitor at the New
York Cotton Exchange Saturday.
F. w. Storer and Mrs. Storer and family
arrived home yesterday morning on tht
City OF Birmingham from New York.
Col. ]. L. Whstley left for North Georgis
last night in response to a telegram aa-
nouncing the serious illness of Mrs
Whatley.
Miss Mary c. Graham, who has been
spending some time in Savannah, left for
the north yesterday OF the steamship Ma.
choochee.
B. II. Richardson, ESQ.,, editor Columbus
Enquirer-Sun, was in the city yesterday
Mr.. J. x. Orr Of the same place was also
here. Mr.. Richardson was for twelve year
city editor Of the MORNING NEWS and af
terward editor and proprietor of the Savan
nah ECening Times. Hs has large circle
of acquaintance In this city who extend &c
him warm welcome.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
THE DEFENDANTS WON.
GRIEF LINCR's SALE DECLARED
VALID BY THE JURY.

Judge Falligant Charges the Jury &c
Find for the Defendants in the Mlllen
suit-One of the Jurors Declines &c
Sign the Verdict in Court, Claiming
the Right to Retire-Several Wanted
20 Put the Burden of the Verdict on
Judge FalliGsnt.
The iurv in the Millen land suit yester-
dav rendered verdict for the defendants
after about Eve minutes deliberation. In
fact there was no other alternative for the
Jury, as Judge Falligsnt instructed YER
dict for the defendants in his charge.
The entire proceedings did not last more
than ten minutes The judges charge, con-
srary to expectations, was very BRIEF 1t
was as follows:
Gentlemen Of the jury, the view taken
Of this case avoids the necessity OF an elaoo-
rate charge upon many OF the points raised
and discussed.
'Under the evidence before you the
plaintiffs cannot now dispute, and the court
holds that the proceedings before the supe-
rior court of Jasper county In term MADE
Grief Linch the lawful trustee and invested
him with the entire legal estate under the
trust deed in question. The power OF sale
under that trust deed was ample and the
order of court secured the proceeds under
the limitations of the trust by adequate
bond and security. Ii is my duty, there
fore. TO charge you, as requested by defend
ants. that the deed of April 6, lS49, be-
tween Grief Linch, trustee Of Mary Sauls
Millen. wife OF George d. Millen, and her
children, and Michael Prendergast convey
ing to the said Prendergast the prem
Uses in dispute, Is a good and valid deed and
conveyed title to the said Michael Prem
dergast.'
your duty to render verdict for the de-
PENDANTS"
AS soon as he concluded his charge Judge
Falligant turned to Mr.. Adams, one Of toe
counsel for the defendants, and instructed
him to prepare a verdict for the jury TO
sign. Mr.. Adams complied, but when he
prepared the verdict Juror Cunningham
declined 20 sign it. saying he thought the
jury had the right to retire and argue upon
Its own verdict.
This caused a little hutter, but Judge
Falligant agreed with Mr.. Cunningham
and sent the jury upstairs. IL was out
about five minutes and returned similar
verdict to the one prepared by Mr., Adams.
Mr.. Cunningham's name was attached as
foreman.
Mr.. Richards took exceptions for the
plaintiffs and will make the motion for
new trial He expects TO be overruled, and
will then take the case up on bill OF eX-
ceptions 20 the supreme court, where the
real battle will be fought on the law points
involved
One of the jurymen said. after the case
was over, that If Judge Falligant had not
charged 50 directly for the defendants, the
jury would probably have been little
longer in reaching a verdict Several Of
the jurors wanted to render a verdict read
idg as follows: 1--WE, the jury, find for the
defendants under the charge of the court"
thereby throwing the burden on Judge
Falligsnt, but the majority objected to
this, and the others finally agreed NOT TO
insist upon it.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
LOST BIS LIFE FOR A BOAT.

a Negro Drowned While Trying to
Save His Employers Property.
Isaac Jefferson, a colored butler at E. r.
Middleton's residence at Wilmington
Island, was drowned in the river near the
wharf yesterday about o'clock while at
tempting to secure Mr.. Middleton's boat,
which had broke loose from its mornings
and was drifting with the tide.
Jefferson had the reputation OF being an
excellent swimmer and 1t is thought his
drowning was due to an attack of cramps.
Several people saw jefferson drowned, but
the whole affair happened In such short
space of time that no attempt could be
made to save him. He was swimming rep-
idly and apparently all right when those
on shore heard him utter a scream, imme-
diately after which he threw up his bands
and sank.
Several men began at once to drag for
Jefferson's body, aud after about Two hours
work they found it near the place he went
down. Acting Coroner Naughtiu was noti-
lied, but as there was no necessity for an
inquest he gave permit for the burial OF
jefferson.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
RICE BIRDS COMING IN.
The First OF the Season Sold for S
Dozen Yesterday.

The First OF the Season Sold for S / a
Dozen Yesterday.
Rice birds are In the market again, the
first arrivals being four days behind last
season. They were bought by Freid & Hicks
at 81 per dozen. and were speedily disposed
of Yesterday ION toast" The birds were
unusually fine for the first Of the season,
being plump and sweet.
Gunners report that the birds are numer-
Gus and that the outlook is good for an
abundant supply. In few days the price
will begin to drop and before long they can
be purchased from colored gunners at so
cents per dozen. Until then the restaurant
keepers will capture nearly the entire sup
ply. At the commencement OF the season
they lose money on the birds but as they be-
come cheaper their profits are handsome.
Hundreds Of persons are so situated that
they must 60 to the restaurant or do with
out rico birds, and as a result for several
weeks to meet the demand will require
purchases of hundreds Of dozens each day
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
THEY HAVE SUBSCRIBED $4,000
Stockholders of the M. @. and A
Coming Into the Syndicate.

Stockholders of the M. @. and A.
Coming Into the Syndicate.
The local stockholders of the Seaboard
Company, owning the Middle Georgia and
Atlantic railroad, have not subscribed as
freely as was expected to the syndicate fund
that is to be used to complete the road.
About $4,000 of the $751; 900 to be raised
has been subscribed to date. This represents
subscriptions of out-of-town as well as Of
Savannah stockholders.
The stockholders have the exclusive privi-
lege of subscribing until Sept /. Then the
Isis will be thrown open to the public. The
officials Of the company state that they have
no doubt that the entire amount needed will
he subscribed. The contract with members
of the syndicate provides that the amount Of
money raised shall be not less than sl35, 900
nor more than Sl75,00O. The entire prop
erty Of the company, valued at over 5000,
900, is security for the loan. The loan bears
interest at per cent. per annum. payable
In gold.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
TO CLOSE ON MONDAY.
Mr. Dub VIII Then End His Conn
ton With Hotel Tybee.

Mr.. Dub Will Then End His Conuec-
ton With Hotel Tybee.
The Hotel Tybee closes Monday for the
season. Proprietor Dub will not conduct ii
next season, so he said last night.
The season has been a very poor one at
Tybee this year. and there has been no
money made there by the hotel men. Mr..
Dub claims to be out of pocket considerably
by this seasons operation of the hotel.
Under his contract with the hotel COM
pany he has the option of conducting the
hotel for two years longer. Mr. Dub said
that he does not care 30 do this. Il is said
that Watson s. Powers may take the Hotel
Tybes next year. For various reasons the
number OF regular visitors to the island
this season has been less than for the last
two or three years. The number OF tran
sient and Sunday visitors, however. has
probably been greater. These crowded the
Island on Sunday, but during the week
there has, es a rule, been comparatively
little patronage to sustain the hotels.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

Three Brooklyn young women, Miss Alice
Mitchell, Miss Agnes Becker and Miss Mabel
Stout, returned TO Brooklyn last Saturday
from bicycle trip to Albany. They started
two weeks ago and each took a lunch basket,
water flask and change of clothing. 1t
took them just week to reach the state
capital. When they started they intended
to cover thirty miles day, but they found
this impossible on account of the condition
of the roads. They made thirty-Hve miles
on the first day, but not much more than
twenty during the rest of the time. At one
point the road led through nine miles of
marsh, aud the fair bicyclists had to walk
their wheels through the swamp. They
met with warm reception all along the
line, and were frequently invited into houses
by the farmers and other people. At one
town they were taken for the advance of a
circus which was billed 10 appear the next
day. and received a great ovation from the
inhabitants. The young women all weighed
more when they got home than when tney
started.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
THE FIRST SEA ISLAND COTTON.

Two Bales Received Yesterday by
Butler g. Stevens.
Butler & Stevens received yesterday by
express two bales Of sea island cotton, the
first of the season to reach this market.
One bale was grown by j. T. Asberry Of
Lowndes county aud shipped by G. Strick-
land Of Midtown. The other was raised by
G.. ". Herndon OF Lowndes county also aud
shipped by L. & B. F. Strickland of Val
dosta.
Both bales were Immediately sold to
W William Bonner q Son. 1t was the quickest
sale on record for sea island cotton, as it is a
rare thing for a new bale to be disposed of
Immediately on its receipt.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
New Officers of the K. G. O.

Last night the knights Of the Golden
Chain elected the following oifloers.
Commander-E. F. Cunningham.
Vice COMMANDERS. K. Ward.
Second Vice Commander-A. NJ. Glover.
Treasurer. G. Swanson. =
Collector-C. Y. Richardson.
Prelate-J. II. Boetwright.
Guide-C. V. Snedeker.
The newly elected officers were installad
by Past Commander II. S. Dreese of Sa-
vannah lodge. The lodge and its guests
then adjourned TO Delmonico's, where a fine
spread awaited them. - LII
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
KNOCKED DowN BY AN ENGINE.

A Negro switchman Injured CT the
Centrars Yards.
A negro switohman named Tison was
knocked down by an engine In the Central
railroad yard last nighs and painfully in
jured. Tison had just turned a switch and
stepped back on another track without
noticing that an engine was approaching.
The pilot of the engine struck Tison aud
threw him several feet, dislocating one Of
his shoulders aud bruising him considerably.
He was taken to Dr. Elliotts office for
treatment. after which he was taken 10 the
Georgia infrmary in the police ambulance.
Tison will DO laid up for some time from
his IN jurios.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
The Inquest Postponed

Acting Coroner Naughtin postponed the
inquest on the body Of Joseph Murray. who
was killed by Belt Line car Sunday night
until this morning, on account OF being nr'
able TO secure oil the witnesses 10 the acct.
dent yesterday.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
TO INERT AT MEL ORIM.

The Senatorial Convention Called for
Tuesday, Aug. 80.
The senatorial convention will meet at
Meldrim on Tuesday, Aug. 80.
This was the decision of the executive
committee OF the senatorial district, which
met here yesterday. Those present were
Z. J. O'Connor, Esq, Of Chatham, Mai.
William Latford Of Bryan and Prof A. T.
Bird Of Bingham. Mej. Letford was
chosen chairman of the committee. Prot.
Bird desired the convention held In Ehing
ham, but was outvoted.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
Look Out for the Err CINE

When the whistle blows. Look out for this
space when B. H. Levy & Bro. say it goes
10 day or two this space will contain an ad
which should interest parents and guardians,
and by following its advice it will be a saw
ing of about one-hslf the amount Of money
1t usually takes TO start your boys to school
after vacation is over. We are now prepar-
ing line Of boys suits. shirt waists and
stockings for special sale and will let you
all know as soon as ready. Watch this
space and come when we offer the line of
goods referred to.
I'D. b. II, LEVY & Bro.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
II You Want Jewelry.

Watches, clocks, chains, charms, dia.
mnnds, ladies ornaments in gold aid silver
stationery, bric-a-brac. cut glass, unique
silver parlor or bedroom ornaments, noU /,
the time to buy them right. We are max
ing room for holiday stock and have chopped
profits on stock on hand.
I'D. STERNBERG's.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

Drink claret wine, recommended by ell
leading physicians Tor a summer drink.
We are sole agents for the celebrated Zin.
faundel clarst from the worlds renowned
Napa Valley, Cal. Single bottles 80 cents,
or 81 % dozen. Dfyfus g. Rich, l6l Con-
gTess street. I'D.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
Distance Lends Rnehantmnnt

Maud had a fine figure, good face aud pretty
name. One should see her at distance. When
she began 70 talk, you realized that she nevsr
used sOLODOAr. Her breath was unlike ths
bfeazes OF Ara1y the blest I'D
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

To restore gray hair TO its natural color
as in youth, cause 1t to grow abundant and
strong, there is no better preparation than
Halls Hair Renever
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

There is some talk OF laying complaints
before the interstate commerce commission
against general passenger agents who are
charged with dealing with ticket brokers
aud so discriminating against the public.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

~ sec you have on your yachting suit TO-
dayr
Eyes, pm going 10 picnic out 10 the
woods. h-Aew York Press,
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

Charles McCaul has secured the contract
for completing the Readings great terminal
station in Philadelphia. He has constructed
the train shed and the station proper up to
the first story. and has all the necessary
men and machinery on the ground. The
contract price for the station proper is
nearly 81, 500, 900.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

sorofula csunot resist the purifying DOW
ers Of Ayers Sarsaparilla. Sold by drug
gists, I'D.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

The earnings of the Chicago, Milwaukee
aud st. Paul road for the second week of
August were $3.50, sos, against S4Sl, S97 for
the corresponding week last year, an I'M
crease of $94, sol.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
RAIL AND GRO SSPIE.

The net earnings of the Mobile and Ohio
dropped during the last fiscal year from
81, S22 500 TO $1,2ol, Sal. This result is at.
south.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
BAKING POWDER.

OF very fine wool or silk; as perspiring with
linen underwear exposes the wearer to dan
gerous cold. Any light hat may be worn.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

What folly to be without BEEcHAMs
PILLS.-dd.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
Read

Our local ads 10 to-day's paper. Dryfus g.
Rich, 161 Congress streeE-dd.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
BUT
|. & B. S. M. H,

N. B.-Take look at those marvel-
ously beautiful Pianos In ANTIQUE Oak
Cases. All the go now in Fashionable
circles. Also the fsultless SrErNwAY In
English Walnut. A beauty sold Friday
at 500 cash.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
AUGUSTA, GA.
Weddings.

Weddings.
Wedding invitations and cards printed or
engraved at the shortest notice and IN ths
atest styles. we carry an extensive anu
wen selected stock Of hne papers, envelopes
and cards especially for such ordera . sali
pies sent on application. MoRGfs9 NA"e
Printing House. Savannah, ia
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

Confirmation OF the report IN Saturdays
issue OF the New York Journal Of Finance
that another large block Of Baltimore and
Ohio stock had been sold BY the Garrett
family cannot b. had IN baltimore A
gentleman ia the banking business Ia that
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23
LUDDEN d BATES 8. NJ. ~

WEATHER PROBABMITIEs-T1yr-Sn -
Sho'oers, slight changes in temperature; va
able lcinds, generally southeast. VAT"
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

The new underground conduit for electric
railways has now been employed in the
operation OF one of Chicago's street car
lines for a number of months, says the Phil
adelphia Record, and during that time
many experiments have been made with a
view to secure the best trolley 10 meet all
requirements Of the situation. The device
is now said to be working satisfactorily. .
The wheels are smaller than the over
head trolley wheels usually are and
the grooves are shallower. A nearly uni-
versal movement is given 20 the wheels by
especially contrived swivel bearings When
it is desired to have the cars run backward,
as well az forward, another set Of springs
are attached to the device. Contacts are
made with bare conductors, and In oper-
atiug the trolley the motorman brings it up
or down, according as he desires TO make or
break connection with the current. A sec
tionAl view OF this system shows a conduit
very like that OF cable road and contain
ing two wires The trolley wheels are at
tached 70 bar Of iron, from which wires
run 10 the machinery in the car. The wheels
are raised or lowered by a lever when it Is
desired 90 start or stop the car
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

What few professionals there are left In
England have nearly all abandoned the
high wheels and taken to the safety.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

Cycling is becoming very popular with
the Irish con 'tabulary, and in Dublin 800 Of
them own and ride their own wheels.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-23

Ohio has joined Kentucky in opposing
the admission OF colored men to the L. A.
w ranks
The Durham daily globe. (Durham, N.C.) 1889-1894, 1892-08-03
COLONEL POPE RIGHT.

At the meeting Of the democrats Of
Durham to form a democratic club,
COLONEL JOHN Pore crawled out Of the
alliance camp. 1t has been said that
PORE was only an allianceman to capture
alliance votes, but this last act will
hardly bear out the statement.
PORE is a good talker, a good story
teller and above all else he is a good
fellow But that is not about this sub
ject. lie simply saw that the alliance or
third party or whatever else you may
call it meant some bad business for the
democratic party, and not caring to join
the wreckers, he kept inside the party.
There are many wavering fellows
there are many assembling fellows and
many uncertain fellows-but all goes to
show that since Folks death the third
party has about gone to rags in this state.