Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1895-10-08
CHARGED WITH PERJURY
Is H. M. Harton of WoodIawn-His Land Deals
in Georgia. Lively Story.

Sundays Atlanta Constitution.
A story with several turns in it is the
one which has as a chapter the swearing
out of warrant before Judge Broyles
Friday, charging H. NJ. Harton, a prom
inent citizen of Birmingham, with per-
jury.
The warrant has not as yet been served
upon Mr.. Harton, as he left the city
shortly after the swearing out of the
papers and has as yet not returned
Mason & Hill, who are his attorneys, say
that he had no knowledge of the warrant
and will return to the city for the purpose
of making bond as soon as he can be noti-
fled that the warrant is in existence.
The warrant is the outgrowth of a
transaction which dates back into 1893
At that time Mr.. Mckee, who lives in
Jacksonville. owned nearly 100000 acres
of land in Ware, Clinch and Echols and
adjoining counties. He began negotia-
tons with II. nj. Harton of Birmingham
regarding the sale of the property. Sew
eral letters passed between them and Mr.
Harton was given an option on the prop
erty for $4,000. AS to whether or not
this option was permitted to expire. is
one of the principal questions upon which
the parties fail to agree.
However, the property was sold by Mr.
Mckee to Messrs. J. II. Porter r. NJ
Farrar, f. f. Moore and Eb II. Williams
When the sale was made Mr.. Harton
brought suit against Mr.. Mckee and the
purchasers of the property. The suit was
filed in the United States court here by
Mr.. Harton, who retained as his attor-
neys Mason & Hill and Mr.. l.. E. Parsons.
This suit was filed some time ago, and
was referred to special master, Mr. O.
c. Fuller, clerk of the United States
court Mr. Harton alleged that he had
an option on the lands Mr.. Mckee de-
sired to sell, and that before his option
had expired the land was sold, on jan
nary l, 1895, to the gentlemen named.
In this bill he set forth that he was ready
TO pay for the property, and that Mr..
Parsons was associated with him. He
alleged that the purchasers of the prop
erty knew of the option he had and de-
spite that went ahead with the pur-
chase.
When the first hearing was had Mr.
Harton introduced number Of letters
which he claimed had been received from
Mr.. Mckee. These letters were dated
in October and November of 1884. On the
other hand Mr.. Mckee testified that he
had a letter from Mr.. Harton, in which
Mr.. Harton gave up the option.
What Experts Testify to.
The letters when introduced by Mr..
Harton were kept in Atlanta by order
of Judge Newman, and experts testified
that there had been some altera tons in
them. One alteration was in the date.
Professor Moore, Captain Myers and
others testified this.
The trial was to be concluded last Fri
day, and Mr.. Harton swore to the letters
as having been received by him on the
dates corresponding to the time neces-
sary to reach him after the date they
bore.
No sooner had he testified than war
rant charging him with perjury was
An effort was then made to find Mr. Har-
ton, but his attorneys stated that he had
gone to Chattanooga and would return,
when he could be communicated with
The attorneys for the defendants in
the land suit are Glenn & Rountree and
IIb r. Williams, and for Mr.. Harton the
attorneys are Mason & Hill and L. e.
DarSOpS