The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-22
LIKE THE RYAN CASE.
Epstein Wants Jury Trial Before Be-
Ing AdjHdsed in Contempt


He Answers That He Has Not the
Funds in His Custody with Which to
Pay the Amount Claimed and Ordered
Paid by the Court-A Jury Trial
Claimed Under the Law Of lS92-rhe
plaintiffs Hold That a Jury Has Al
ready Passed on the Case and De-
clarsd the Funds Demanded Illegally
withdrawn From the Firms Assets.
Before Judge Faliigant in the superior
court yesterday was heard a case that
promises to rival in point Of legal interest
the famous Ryan contempt case in At
lanta a year or two ago. The facts lead
ing to the contempt proceedings against
S. J. Epstein andG. Wannbacher have
been fully stated in the Morning News,
but a brief summary will be necessary 10
show how the present stage OF the pro-
ceedings has been arrived at.
When the firm Of Epstein & Wann-
bacher was placed in the hands OF a
receiver AIessrs. Boykin, Seldom & Co.
and other unsecured creditors attacked
the mortgages made in favor Of Mrs.
Fanny Joseph and S. Herman. The mort
cages were held valid by a jury of the
superior court, which also found that
5. J. Epstein had wrongfully and fraudu-
lently taken from the assets of the firm
the sum of Sl1,12489, and that G. Wann-
bacher had in a. like manner taken out
S6,05137 The supreme court affirmed the
verdict of the jury and the refusal of
Judge Falligant to grant new trial on
both the findings.
After the remittitur from the supreme
court had been made the judgment of the
superior court on Dec. 10 last an order
was taken by Messrs. W. G. Charlton
and r. r. Richards, attorneys for the
Wannbacher TO pay over 10 the
receiver the sums which Cne
jury found they had wrongfully with
drawn from the assets of the hrm, or
show cause why they should not be at
tached for contempt of court. y copy of
the order was served on S. j.. Ep-
stSin, but Wannbacher could not be found
he being beyond the limits of the state.
Epstein failed to pay over the amount as
commanded by the curt, and an order
was Issued requiring him TO show cause
yesterday at 8 o'clock as to why he
should not be attached for contempt
The defendant filed his answer, stating
that the money was not in his power, GUS
tody or control, and had not been at any
time since the order of Dec. 10 requiring
him to pay IL was granted. lie fur
Their stated that neither he nor Wann-
the firms assets Illegally, and that what
they had taken out previous to the receiv-
ership had been used to pay the firm s
obligations.
col. William Garard held for
the defendant that he was en-
titled to a trial by jury under the
statute of 1892 to determine as to his
ability to pay over the amount demanded.
This law seems to have been an out
come of the Ryan contempt case, and
provides in brief that before a person
can be attached for contempt for fail
ing to pay over money which is ordered
by court, he shall be entitled to a trial
by jury to determine as to his ability to
pay the money.
Mr.. Richards held that the jury trial
had already been held when the case
was tried. and the jury had passed upon
the defendants ability to pay the funds,
determining that the amount had been
illegally Withdrawn from the firms as
sets. This finding, he stated, had been
affirmed by the supreme court and on this
account il was held that all necessary
complances with the law of 1892 had been
met.
Judge Falligant took the papers. to-
gether with several supreme court de-
cisions on the subject, and reserved his
decision. He will consider among other
things the law Of 1892 end the decisions
in the Ryan case, and will decide whether
the defendant must either pay the money
as demanded or go to iail for contempt