The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-12-29
THE M'LEAN MUST STAY.
Capt. BalmeT Cannot Remove His
Schooner From St. GATHERINGS.

Judge FalliEant Dissolves the Injunc-
ton and Sustains Every Point of the
Defendants Demurrer-Construe to
Mean That the Injunction Was IIleg-
ally Granted-Two Criminals Sent
Up-Mrs. Hernandez Gets Verdict
in the City Court.
Judge Falligant granted an order yes
terday sustaining the demurrer of the
defendant in the case of Matthew Balmer
against Jacob Rauers in every point, and
dissolving the injunction which was
granted by Judge Gamble, restraining Mr..
Rauers from preventing Capt. Balmer
from removing his vessel, the British
schooner Beatrice Mclean from st. Cath
crimes Island, where it was blown by the
August storm.
The history of this case was first given
in the MORNING NEWS. 1t viii be remem-
bered that after the schooner had been
blown ashore, Capt. Balmer made prepa-
rations to get it off, but the owner of the
island objected, demanding that $500
damages first be paid him. Balmer
thought the amount too high and decided
W Apply W lOI ICllCls
SECURED AN INJUNCTION.
Judge Falligant was out of his circuit
at the time and Mr.. T. S. Morgan, for the
plaintiff, applied to Judge Gamble, of the
middle circuit, for q res training order. A
temporary injunction was granted and
Capt. Balmer went to work to remove the
vessel.
He had not near finished his work, how
ever, when the defendant demurred and
asked the court to dissolve the injunc-
ton. The demurrer was made on the
grounds that the petition was addressed
to no power or authority charged
with the function of granting in
junction; that the petition was presented
by one person and the process issued in
the name of another; that no one could
tell from reading the petition whether
| the plaintiff was Matthew Balmer or
| George F. Baird, or George F. Baird and
| others, and that the petition issued in the
name of the agent and the process in the
| name of the Judge of the middle circuit.
The case was argued exhaustively by
| Messrs. Morgan and a. S. Way for the
plaintiff, and Mr.. Walter G. Charlton for
the defendant. Judge Falligant sustained
the demurrer in every point, which, on
account of the fact that the process is
sued in the name of the Judge of the mid
die circuit brings it about that all the
work done by Balmer under the injunc-
ton thus granted is illegal, and this will,
it seems, give Mr.. Rauers the right to
bring suit for damages.
TWO CRIMINALS SENT Up.
Henry Blair was tried in the superior
court yesterday for burglary. He was
charged with attempting to break into E.
j. Cranes storehouse Dec. with bur-
| glarious intent. He was prevented from
| accomplishing his end, however, by the
appearance of other parties on the scene.
The jury found him guilty of an attempted
burglary, and he was sentenced to pay
| fine of 500 or serve twelve months on the
chain-gang.
Shad Wilson was on trial on a charge
of forgery. The indictment charged him
with forging the name of j. I. Burke, a
| section master on the Central railroad, to
an order with fraudulent intent. He was
found guilty and sentenced to serve two
| years in the penitentiary.
| The court granted an order yesterday
directing Receiver George Meyer, of the
P. H. Wolters Brewing Company. to pay
Messrs, Barrow & Osborne a certain
amount on account of attorneys fees.
MRS. HERNANDEZ GETS A VERDICT.
? The jury rendered verdict yesterday
afternoon in the suit for damages of Mrs.
| Minnie G. Hernandez against the City
and Suburban and Coast Line railways
for 81, 100 in favor of the plaintiff.
Mrs. Hernandez was driving with her
| husband on the Thunderbolt shell road
Aug. 2, 1891, and the buggy was struck by
one of the trains of the defendant, throw
ing both of the occupants violently to the
ground and badly injuring the plaintiff.
She brought suit for 81, 600 The jury in
the case was charged yesterday morning
and remained out until last night at 8 80
o'clock before bringing in verdict. The
case will probably be carried to the higher
| court.
The damage suit of William d. Simkins
VS., the Savannah, Thunderbolt and Isle
of Hope railroad was taken up in the city
court yesterday. Mr., Simkins and his
wife were driving on the Thunderbolt
shellroad, near Bonaventure, Oct. 80,
1892, when the buggy was struck by one
of the roads cars, and both were thrown
! out and injured, He says the damage to
the buggy was S125, besides the injuries
sustained, and he asks verdict for Just
and proper amount as compensation for
his losses and injuries.