The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-08-08

was an ordinary criticism and, to say the
least OF 1t, was mild. He said he had
SHOWN Mr.. Mclntire had registered peo-
pie who had not paid their taxes, and he
held that that action was in clear viola
ton Of the law, and it was no libel to
say 50.
EXISTED BEFORE THE CONSTITUTION.
Mr. Saussy explained in conclusion
that any law passed subsequent 10 the
adoption of the constitution would have
TO conform to it, but that the laws under
which Mr.. McIntire was acting were
passed before the constitution of 1877 ex-
lsted, and that they were consequently of
force until the new registration law for
Chatham county was passed In spite of
This fact, however, he said, Mr. Osborne
as a legislator, had tried to
make it the law, that one
years tax receipts of the wear pre-
cedlng the election should be prima facie
evidence of the payment of all taxes.
The law of 1876, he said, prevailed
IN Chatham county until il was
changed to suit the constitution of 1877.
Mr.. Mclntire, he said, could not change
the law and when the tax receipt of the
year preceding was presented that was
all he could demand under the law as it
then stood.
CHARACTER SHOULD NOT BE AssAILRD.
lAC AAdl dNJGI VI u private ClLlLen. MT.
| Saussy said, was too sacred to be logged
about in the newspapers, and while the
rights OF the press should be preserved,
| the character of citizen should be
respected. The charge made was one
against a public officer in the discharge
| OF his duty. Mr.. McIntire, he said, made
no such admission as the learned counsel
stated, TO tho effect that he had know
| inRly registered voters who had not paid
all their taxes There was no evidence
whatever, he said, to show that Mr. Nc
| lntlre had ever registered a man whom
he knew was not entitled to it.
The law itself, Mr.. Saussy said, shows
| that 1t is admitted that the vigilance of
the registrar can be overcome, as it in
| eliminates the man who registers with
| out having right TO do so, should he do
| so knowingly. Mr.. Mclntire, he said, had
! been considered competent and capable
| TO take charge of the duty in 1894, and
| had been appointed by Judges Falligant,
| MacDonel and F'errill The case, he
! said stood as he stated it in the begin
ming, and he had only made this latter
| statement in reply to the argument of the
| learned counsel on the other side. He
/ respectfully submitted that Mr.. Doolan
! should in this case be turned over to the
! superior court, and be made to present his
| Justification there.
| THE DEFENDANT DISCHARGED.
| The justices then retired to the private
| Office of Justice Naughtin and made up
| the following decision in the matter,
which was read by Justice Naughtin:
State Va. J. J. Doolan. We the undersigned
| Justices Of the peace hereby find in the above
! case state VS.. j j. Doolan, charged with
| criminal libel, that the charges published IN
| the Daily Dispatch of the city OF savannah
| does not, in our opinion, amount 10 q criminal
! libel, but an assertion made by J. j. Doolan,
| with no malice or intent TO injure the prose
! cutor, J. W. Mcintire but in our opinion we
! find there is not sufficient evidence to sus-
| pect the guilt Of the defendant 1t is hereby
| ordered and adjudged by the court that the
| defendant be discharged.
In open court, this It'll day OF August, 1894.
NJ, NAUGHTIE, J. P, c. c., ca.
S. REYNOLDS, J. p.
FRANK MCDERMoTT, J. p.
There was considerable cheering in the
! court when this decision was announced
| Mr.. Doolan says he will carry the case no
further unless it should be taken further
by Mr.. McIntire. Mr.. McIntire said he
would consult with his attorney before
| determining whether he would take the
| case before the grand iIJrU