The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-01-04
HE MUST GO TO JAIL.
Judge MaoDonell Overrules Gaffney's
Motion for New Trial.


Judge MacDonell, of the city court,
handed down his decision yesterday in
the motion for new trial in the case of
gybee's ex-chief of police Frank Gahney,
who was sentenced to spend six months
in jail for usinf improper language to and
cursing Mayor McDonough at .Tybee
summer before last. He has been granted
new trial, however, in the case against
him for the false imprisonment of Mr..
John Mclaughlin. Jr., in which he was
found guilty and fined S2OO.and costs.
In rendering his decision Judge Mac
Donell said:
The above motion for new trial was
submitted to the court without argument.
No exception was taken to any ruling of
the court, and after a careful considera-
tim OF the evidence and the law we think
the verdict was demanded by both
The defendants wife was tried and
convicted by the mayor of Savannah in
the police court for keeping open her
oarroom on Sundays on two separate oc-
casions, and fined therefor, which SEN
fences were afterwards appealed to eoun-
Gil and by 1t affirmed. The defendant
claimed to construe the judgments of the
mayor IN finding her guilty over her
statement, as an insult to his wife,
ana on the evening of the same day, at
Iyoee, being himself chief of police
OF Tybee, and a peace officer of the
state, and being armed with a pistol, ap-
preached Mayor McDonough, and de-
manded personal satisfaction, and on
Deing requested to desist and leave, by
stlIl following him about, and by profane,
abusive and opprobrious language and
eplthets in the highest degree insulting,
ana IN the presence of ladies, endeavoring
70 lncite and provoke him into a physical
encounter, which, doubtless would have
resulted in bloodshed. but for the cool
ness and self-possession of the mayor in
uecIlnlng 1t. The conduct of the defend
anu, the individual against whom it was
directed, the reasons by which it was
sought to be justified, render this an
oRense OF more gravity than the ordinary
oHe1ses of this class
Inc mayor of Savannah in the dis
charge of his Office represents the best in
Serests OF the whole people irrespective of
race, religion or political party; he repre-
se9Is The sovereignty of law and the good
OIuer' peace and dignity OF the entire
ttEluul unity, and back of the judgments of
.ne police court is the sovereignty of the
Seage OF Georgia by whose authority it is es-
Caollsned and maintained For his judicial
SlrorS' II any, the law provides an ample
remedy by appeal or certiorari To
S IVGA ny insult or abusive provocation to
Sing %blIg ABOUT a brawl and possibly blood
a. iUi OHe mayor, as personal re-
UreSs Tor his official judgments, is to set
me law at defiance and its established
S tribunals at contempt, and to insult the
mgulty OF the community, whose chief
;S.1ecutlVe he is. The law will not permit
tSS tduthority to be so despised, nor its
iilthIul officers to be thus assaulted. It
f % aoie 10 command obedience and to en-
80 81 respect, and it viii not omit to do so
"nTI me occasion requires
r thpGa i
sonoaht on trial exhibited no becoming
o oense OF regret. but rather desire to re
Rsqv ms conduct, we deem the sentence
u ,,Pp0sed' to wit: six months in Jail. to be
, Nh deserved. Wherefore it is con.
m ogLeu, ordered and adjudged that the
hereby overuled. y
tor, on. w; W. Osborne, Gaffney's at
ttI5ruey will probably take the matter to
we supreme court.