The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-23
DID NOT SWEAR TO THEN.
Contractor Bowen Acquitted Of The
Charges Against Him.

Alleged TO Have Made False Afidavits
With Regard to Payments on Con-
tracts, but II Could Not Be Shown
That He Swore TO the Ahdavits-He
Lost Money on the Contracts and
Could Not Pay out-Judgs MaoDoneI's
Weekly Grind Of City Court Crimi-
nails.
Contractor /. Z. Bowen was prosecuted
in the city court yesterday on a charge
Of misdemeanOr, it being alleged that
he made false affidavit with regard TO
the payment Of money due to laborers
and material men, and after brief
hearing was promptly acquitted.
Contractor Bowen was building a house
some time ago at Habersham and Duffy
streets for Mrs. A. Muller, and the worl,
was being paid for by the Chatham Real
Estate and Improvement Company. I'm
der statute Of the state passed in 1891
the party paying for the work done by
contractor is compelled to hold back
from the contractor % per cent. of the
amount until an affidavit shall have been
made TO the effect that the claims of the
laborers employed and the material men
have all been paid.
When the work was completed Mr..
Bowen went to the Office of the Chatham
Real Estate and Improvement Company,
and was told to sign the affidavit re-
quired so that the balance could be paid
him. He refused to sign the ahidavlt, as
he stated that all the parties concerned
in the work had not been paid He was
told that he must sign the paper before
he norrI1 h..
he finally did, and afterward it was
signed by Mr.. +. W. Garden, assistant
secretary of the company, who is a notary
public The money WAS paid $50 Mr..
Bowen, and was paid out by him to par
ties to whom it was due under this con-
tract. 1t seems that he had lost money
on this work. and even after paying out
this last amount all the claims had not
been satisfied
It was then that Mr. Geo NJ. McCauley.
VINO supplied some Of the lumber used,
Drought an action against Mr.. Bowen
under the law of 1891, charging him with
making false affidavit to the effect that
all the laborers and sub-contractOrs on
the house for Mrs. Muller and on some re-
pairs TO the residence of DR.. Groth, had
Mr.. Bowen said he was told that he
would have to sign the affidavit before
nc could get the money but he would not
L.
as all the bills had not been paid. He
signed II, but said the notary's name
ana seal We're not on it at that time, and
he did not know they We're on there until
the paper was produced in court. Some
similar evidence was also produced with
regard to the papers in the case of the re-
pairs on DR.. Groth's house.
Mr.. Garden testified that Mr. Bowen
mad signed the paper, but that he could
not say positively that he had sworn
to it, and would not say so. Judge Mac
ilOnD0 found QVidpnCp ia
that Mr.. Bowen had made false or in
tentlonally misleading atfidavits, and he
acquitted him of the charge.
Mr.. Bowen was defended by Messrs.
Wilson 4 Rogers, and Assistant Solicitor
f. p Salas was assisted in the prosecution
by Mr.. George I. Cam.
Charles Baker was found guilty Of lar
ceny from the house, and was sent out
to the gang for four months. He was
caught stealing Bible from the odd Fell
lows hall several days ago, but managed
to escape at the time and hid out until
| Friday when he was caught. He was
turned over TO the city court by the re-
| corder yesterday.
James Holmes was sent out for one
month for the larceny of some linotype
metal from the Morning News.
Matilda Lloyd was given a month in
jail for the larceny of dress pattern from
Rosa Scott
CuTy Butler was found guilty Of the
simple larceny of 81 from d. j. Buttimer
and was sentenced to spend one month
in Jail.
Henry Blair was found guilty of the sim
pie larceny of one hat from the person
Of 7. j. McEvoy, and was sent to the gang
for six months.
John Lee and Joseph Haskell were found
guilty of having nothing to do, and were
| both given thirty days of hard labor on
the chain-gang.
Several other defendants charged with
petty offenses were found not guilty and
discharged.
a bill of exceptions in the case of John
j. Cunneen, who was sentenced to pay
fine of $500 or spend six months in Jail
| for keeping a policy lottery was fled in
the city court yesterday, and the record
VIII be sent at once to the supreme court
Tor determination by that tribunal.
The sealed verdict in the case Of J. 6
Harrison against Matthew Balmer was
opened yesterday in the city court and the
sum OF $50 was awarded the plaintiff
against the defendant. The amount sued
for was $3.50, but for legal and technical
reasons as given in charge by the court.
that amount could not be granted.
Douglass Christmas Feast.
A large assortment
of Cut Glassware.