The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-11-15
CANNOT CONDEMN THE LAND.
JUDGE sPEER DECIDES AGAINST
THE UNITED STATES.

The Act of Congress Providing for
the Establishment of Lighthouse
ON 81. GATHERINGS Island Not sPe-
ciRc Enough 10 Allow the COndem-
nation of Land for That Purpose.
The Intervention of the EatOntOn
Branch RaiIroad-CriminaI Bust
ness in the L. =. Court.
Judge speer signed IN order in the
United States court yesterday denying the
petition Of the United States for the right
to acquire by condemnation proceedings
a portion OF St. GATHERINGS Island for
light house purposes.
Judge Speer gave as his reason for re-
fusing the petition the fact that there has
never been any legislation which author
lies the taking Of this land. He holds that
in the act making the Appropriation there
is no particularly as to the condemnation
Of this land for the purpose for which it
is desired or any other. The act itself sim
ply makes an appropriation Of $4,000 for
the purpose of establishing light house
station at St. GATHERINGS sound, and does
not mention particularly that land shah
be acquired for that purpose.
Mai. w. T. Gary, the district attorney,
gave notice that he would notify the sec
rotary of the treasury of the decision.
and upon the directions from the depart
ment would depend any future action he
might take with regard to carrying the
matter to the United States circuit court
of appeals
The Eatonton Branch railroad, by its at
torneys, Messrs. Charles n. West & l.. II.
McLaws. was given leave to amend its
Intervention in the Central railroad liti-
cation and to file the original distress for
rental against the Central. The Eaton
ton Branch is seeking to recover from the
Central $1,000 and interest, that being
the amount Of the rental on the property
from April, 1892, TO April, 1898.
The decree in the case of Chris Jansen
and other sailors against the schooner
Jennie Thomas, which was rendered the
day before giving the sailors the amounts
claimed, was set aside by the court, on
account of the fact that the defendants
proctor. Mr. Isaac Beckett, was not pres
ent when ii was taken, owing to ill
ness.
In the matter of the intervention of
Stubs, Iison Co, for the use of Gau-
dry, Crisp & CO., an order was signed
receivers of the Central railroad to re-
turn TO the plaintiffs certain checks,
amounting to $40, or copies of them, If
the originals could not be found. The
checks were given some four years ago
in lieu of bills of lading for four bales
of cotton the latter papers having been
lost.
The Intervention of William Tuten, and
of q. w. All and J. w. Dufhe in the Cen
tral litigation, were ordered referred 10
the master, Mr.. George W. owens.
In the case of the United States against
Thomas q. Futch, suit on his bond as
and costs, amounting to $780, We're paid
and the case was dismissed as settled.
The grand jury returned the following
indictments, after which it was dis
charged Cor the term:
w. G. Etheridge of Coffee county, mail
ing an obscene letter to his wife; c. 4.
officer; Prince Hargrove, distilling; Gus
Hardin, larceny of money from the United
States, and Alex HardesOn, retailing with
out a government license. Simmons con-
Quoted his operations around Thomas
vile, where he was charged with working
unsuspecting negroes by pretend
ing ing he was United states
spector, and had other official positions
which he gave.
Gus Hardin was tried on the charge on
which he was indicted. Mr.. w. r. Leak
en- was appointed by the court to defend
him. He was charged with stealing Sl2
in Emanuel county. The jury was out
until $50 o'clock, and a sealed verdict
was agreed on.
The marshal was directed to summon
talesmen for the traverse jury. Forty
jurors have been summoned.