The morning news., 1894-07-22
CHARGED WITH CONTEMPT.
Receiver Trenholm Files a Bill Against
], S. Tart.

Amounts of Property Which Should
Be in the Receivers Hands-Joe
Blois' Case Heard on a Motion for
New Trial A Case Certforaried
From the City to the Superior Court.
o'Neill Fails to Recover-oity Court
Criminals.
A petition was filed in the superior
court yesterday the design of which is to
hold j. S. Tart and others guilty Of con-
tempt Of court, on the ground that they
have spirited away certain goods from his
store which was recently placed in the
hands of a receiver, under the suit of e.
o. Baxter and others against J. S. Tart.
The petition was filed for the receiver,
Mr. Edward S. Trenholm, and asks that
j. S. Tart be compelled TO show cause
why he should not be attached for con-
tempt. The petition states that to the
best Of the knowledge and belief of the
receiver, ]. S. Tart, together with T. g.
and +. w Bibb, the latter forming the
firm Of BIbb Bros, have removed, secreted
and concealed certain stoves. furniture
and other merchandise to the value of
$500. This is alleged to have been done
about June 25 1t is also charged that
Tart and S. ]. Fuller removed about $500
worth of the furniture and other goods,
that Tart himself removed about $40
worth to Pineora, Ga, and that he also
concealed himself about $500 worth Of the
stock, besides collecting from sales and
other sources during the month of June
about $500, which he appropriated to his
own use.
CHARGED WITH CONTEMPT.
The petition asks that he be required
to show cause why attachment should
not be issued against him for contempt of
court for removing the goods and appro-
priating the money, that Bibb Bros. and
5. j. Fuller be required to turn over to
the receiver the goods said to be in their
| possession or that they too be attached
for contempt.
1t viii be remembered that petition
for injunction and receiver was filed
against j. S. Tart for G. 0. Baxter and
others about three weeks or a month
ago. Tart kept furniture store at
Broughton and Abercorn streets. Sher-
| iff Roman was appointed temporary re-
ceiver and, on hearing, Mr. Edward S.
| Trenholm was made permanent receiver.
After looking over the books and ac-
| counts it seems he found very little to
the result of which has been these
charges against Tart and others, alleged
| to have been associated with him. The
hearing will probably come up next
| week
JOE BLoIs WANTS NEW TRIAL
The attorneys for Joe Blois, alias Joe
| Johnson, one Of the Meyer murderers
who was convicted last March and SEN
fenced to the penitentiary for life, made
another appeal for him yesterday before
| the superior court. The motion for new
| trial was argued for the prisoner by
Messrs. Jacob Gazan and Livingston
Kenan, and for the state by Hon. f, G.
! duBignon and Solicitor General Fraser.
| The main argument in the defendants
| favor was that which reversed the elower
court in the superior court on the occasion
of the first trial, and that is the evidence
| was not sufficiently corroborated to war
rant conviction. Both Blois and Hey
ward were convicted on the first trial,
and both obtained a new trial on this
| ground. The court took the matter under
consideration. If the new trial is not
granted the case will be carried at once
TO the supreme court. If the lower court
is again reversed there will be no other
alternative than to release Blois. Hey
wards case is a very similar one, and
even in the event Blois should get off
which seems doubtful, Hayward would
be tried.
A cERTIoRARI TO THE SUPERIOR COURT.
The suit of William F. Jackson against
! the Savannah Street Railroad Company
for damages, which was certtoraried from
the city court TO the superior court, was
argued before the latter on it's merits
yesterday.
jackson was suing for damages for in
juries received, and on the first trial of
| in pifx r,t,v
verdict for $500. A new trial was granted,
and the next time the verdict was for
81 900. This time, however, the de-
PENDANTS failed TO apply for a new trial
within the time allowed by law, and 1t
was found the only recourse to save
the case was to certiorari TO the
superior court. This was permissible
under an old law, and the certiorari was
granted. The court held up it's decision,
and when rendered an appeal can then be
made to the supreme court. The case
was argued by Mr.. T. S. Morgan for the
plaintiff and by Mr.. 7. M. Cunningham,
Jr., for the defendant.
o'NEILL TURNED DOWN.
The suit of James O'Neill, colored,
against the Electric Railway Company
in the city court for 5000
damages for personal injuries,
received, as he claimed. several months
ago by being knocked down by car of
that line on West Broad street, resulted
yesterday in a verdict for the defendant.
O'Neill claimed that his injuries were so
severe that he has been untitled for hard
work ever since. 1t was shown, however,
that the accident was due to the negro s
own carelessness, and he failed to re-
cover. The suit was defended by Hon.
Walter G. Charlton, and on the part of
the plaintiff was argued by William
Pease, Esq.
CITY COURT CRIMINALS.
Napoleon Bonaparte was convicted in
the city court yesterday on a
charge of >stabbing Charles Perry,
not In his own defense. As the belliger-
ent namesake of the great general had
not the wherewithal to pay the 500 fine
he will probably serve twelve months on
the chain-gang
Henry johnson, Frank Gray, Isaac
Robinson and Barry Wright were found
guilty of stealing six chickens from John
| Dixon, and were sentenced to serve three
months each. Henry Williams for steal
ing four chickens from Dixon was SEN
fenced TO serve three months on the poor
farm. Robert jackson was given four
! months for stealing one ak from
Sam Danford. Charles johnson goes
in for six months for stealing
a clock from Rachel Burke Willie
| Washington, alias Muhlberg, was given
twelve months for assaulting ana beating
Mamie Hall.