The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-28
A NEW CITY COURT JUDGE.
HON. POPE BARROW NOW on THE
BENCH IN PLACE OF JUDGE
MACDONALD.

The New Judge Has an Important
Case Before Him-JudGe MacDOneIl
Discovered That He Was DisquaIi-
fed on Account of His ReIatiOnshiP
TO one of the Attorneys for the
Georgia state Building and Loan
AssOciatiOn-Mr. Barrow Agreed on
TO Take His Place.
The city court had a new judge yester-
day. Hon. Pope Barrow was on the
bench in that capacity and presided at
the hearing of the case of the Georgia
state Building and Loan Association
against Ella Brown.
This suit has been in progress for two
days and half. Judge A. H. MacDonell
discovered yesterday in the course of
the testimony that he was disqualified to
preside and so announced to the attor-
neys. Messrs. saussy & Saussy repre-
sents the Georgia State Building and
Loan Association and Messrs. G. T. &
]. F. Cam the defendant, Ella Brown.
During the testimony yesterday morn
ing it appeared that Mr.. ]. r. Saussy
Jr., was a stakeholder and a borrower of
the association, and to that extent was
interested in the associations behalf
Judge MacDonell is Mr.. Saussy's double
first cousin, and when this testimony came
out through the witness on the stand he
saw at once that he was disqualified to
preside over the trial of the case. As
the case had been in progress for about
two days, the attorneys on both sides
did not like the idea of having him give
it up. OF course they were satisfied that
this situation of affairs would have no
effect whatever upon his rulings or his
charge, and after a consideration of the
matter the attorneys on both sides agreed
on Judge MacDonell to be the judge in
the case, which is necessary in the case
Of any disqualification of Judge. Judge
MacDonell, however, refused to accept
the appointment as agreed on. He said
he was clearly disqualified and that he
| did not desire to continue on the bench
| during the hearing of the case.
| The attorneys interested then were put
/ to the necessity of selecting some one
else to preside as judge, and, after a con-
| sultation, they agreed upon Hon. Pope
| barrow, who consented to accept the ap-
potntment, and Judge MacDonell turned
| the city court bench over to him. Judge
MacDonel did not return to the court
room yesterday afternoon, but Judge Bar
row was on the bench, and presided with
as much dignity and impressiveness as
/ though he had been accustomed to the
seat for years. With equal dignity he re-
/ cetved the address Your Honor" and
| his rulings were accepted without a MUIR
| muir. Some of those around the court
/ house looked on the situation at first
/ as bit of humor on the part of the
| lawyers, but they would have been quickly
/ undeceived had they entered the court
room with their hats on.
The testimony in the case was hardly
| concluded last night when the court ad-
/ Journed. Some OF the testimony was re-
viewed for the benefit of the new Judge,
who had just come into the case, and this
naturally consumed little more time than
| would otherwise have been taken up. The
case will probably be concluded to-day.
| The suit is brought to foreclose a deed
to secure debt, and the amount claimed
is about 81. 400. The defense is making
the plea of usury on the ground that the
| Georgia State Building and Loan Asso-
citation is not a mutual concern, and can
/ not, therefore, come within the contempla-
/ ton of the law that allows such insti-
buttons to make interest and premium
| charges which otherwise would be usuri-
Gus. The ground on which this plea is
| made is that this association issues stock
| certificates on which there is a guaran-
teed dividend to other persons than its
| stockholders. The question is an inter-
esting one and the progress of the trial
| is being watched by all who have any
thing to do with building and loan asso-
Citations.