The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-08-21
A BUSY DAY IN COURT.
The Verdict in The Anderson Will
Suit for the Defendant.

The Jury Based It's Finding on
Both the Pleas Made by the De-
fendant-Julius Hersch's BondIEs-
treated-A Big Judgment Against
John Wohanka-The Grand Jury
Meets To-day-Superior Court Bus
mess.
The suit of MIR. j. E. Anderson, formerly
master mechanic of the Central railroad
shops, against the Savannah Press for
$4,000 damages for libel, resulted yestec-
day in a verdict for the defendant on both
the pleas entered; namely, Justification
and mitigation, in that it was claimed
there was sufficient ground for belief
that the statements made were true.
1t will be remem bered that some months
ago the Press published a statement to the
effect that Mr.. Anderson had received a
bonus ofS5O from the South Bound railroad
for getting an engine out Of the shops at a
specified time, although the Central
shops, which were in Mr. Anderson's
charge, were doing the repair work of
that road. 1t was inferred in this article
that this had resulted in Mr. Anderson s
discharge by Supt. Kline
CLAIMED IT WAS UNTRUE.
Mr.. Anderson claimed the charge was
untrue and unfounded and alleged that he
was serving as the master mechanic of
the South Bound railroad at a salary of
$50 per month, and that this amount, 500,
was his regular salary for that month
1t was also claimed that his removal was
due altogether to another cause. An &C
count OF the evidence in the case has al
ready been given in the MORNING News.
The arguments were made yesterday by
Mr.. r. K. Richards and A. G. Wright for
the plaintiff, and by Mai. p. w Meldrim
for the Press.
AT the conclusion of his argument,
which was at times dramatic in effect,
Maj. Meldrim read letter written by
Mr.. Anderson to the Press, demanding
the author of the information and threat
enlng suit against that newspaper The
defendant entered pleas of justification,
holding to the truth of the statements
made, and of mitigation on the ground
that the statements were believed to be
true, and were published as true.
TUE CHARGE AND THE VERDICT.
Judge MacDonel in his charge to the
jury defined the law of libel, and stated
that where there was any injury TO char
acter from such a publication or any
tendency TO iniure the law presumed
malice existed, although in point of fact
such might not be the case. He said that
the statement was not a privileged
communication. The defendant, he
said, in such cases was, allowed
to enter plea of justification,
and the burden of proof of the truth
of the statement made was then with
him. If the statement were not true, and
if it exposed the plaintiff to public con-
tempt or ridicule, he said the jury would
then lind verdict for the plaintiff, but if
the reverse were true, then the finding
would be for the defendant.
The jury was out about fifteen or twenty
minutes and returned with a verdict for
the defendant. Mr.. Richards asked that
the jury specify on which one of the
pleas the verdict was found. Afte" a
short consultation, the foreman an
nounced that the jury found that verdict
on both pleas, and the verdict was
amended accordingly.
HERsCH's BOND EsTREATED.
The bond of Julius Hersch who was in
dlcted for running policy lottery in con
nection with John Cuuneen and William
O'Dell, and who so mysteriously disap-
peared on the morning of his trial in the
city court last week, was estreated by or
der of Judge MacDonell yesterday. The
bond was for $500, with M. Prayer as
surety.
The eight criminal cases which were
tohave been tried in the city court yes
terday, were postponed on account of the
suit of Anderson VS., the Press, and were
reassigned for trial tomorrow.
Mr.. Il. Il. Richards, representing Scho-
verling, DAILY Il Gales, took a verdict in
the city court yesterday against John
Wohanka for the amount of 81 30S.25
THE GRAND JURY TO MEET.
The grand jury of the city court will
meet this afternoon at 4 o'clock The
cases of the gamblers recently arrested
will probably be brought up, and the in
dictments against the owners and opera
tors of the slot machines, which are be-
leved to have been yitiated by the pres
ence on the grand jury of a man who was
not on the grand jury list of the city
court, will be taken up again.
In the case of the Electric Railway
Company, plaintiff in certiorari in the
superior court, against DIR. 3. F. Shelf
tall, defendant in certiorari, in which
Judgment was rendered IN the Justice
court for S32. 80 for DR.. Sheftall for dam
ages to his buggy, the certiorari was dis
missed and the Judgment IN DIR. Sheftall's
favor was affirmed
Charles f. f. Voss, a former subject of
the Emperor of Germany, was made
citizen of the United States by Judge Fal-
ligant.