The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-17
THE LAW WAS VIOLATED.
Hut Sentence Against the Perry
brothers Was Suspended.

brothers Was Suspended.
The jury in the case Of VIM. Perry and
John N. Perry, charged in the city court
with cutting into one Of the county's
canals. brought in a verdict last night OF
guilty with recommendation 70 the ex-
IRENE mercy Of the court Judge Mac
Donell imposed a fine Of 500 in each case.
but for the present the sentence was sus-
pended by the court
The case contains many interesting fea-
lures. and Il being a matter which has
been before the county commissioners for
their consideration, the division among
the members Of the board was shown up
on the witness stand. The Perry brothers
rented piece Of ground at SouthOver
from Col J. L. Whatley, and planted
truck farm in the spring OF 1894 Along in
the summer canal was cut through the
place by the county forces. and there be-
ing no lateral bitches on the premises. the
water was backed up on the planted
ground. The Perry brothers contended
that the place was well drained before the
building Of this canal
There was a conflict of testimony upon
many points. The Perry brothers stated
that they asked to have lateral bitches
dug 50 that their lands would be drained
and their crops saved. Maj. Blandford,
the county engineer. disputes this Finally
in despair, the water was let into the
canal, but only after it had done much
damage TO their crops, so they allege. and
for this they have filed suit for Si70 dam
ages against the county in the city court.
There were some variances in other
features of the testimony. Chairman
Dale and Commissioner Chaplin. both of
whom have visited the place since the
canal was cut, practically stated they did
not blame the defendants for protecting
their property when il seemed they had
no other redress, and said had they known
the circumstances at the time. they would
not have voted for the resolution passed
by the commissioners to prosecute them.
Mr.. A.W. Harmon, who as member of the
grand jury, visited the place. was Of a
similar opinion and practically stated he
would have done the same thing If the
water had been backed up on his lands
as 1t was here.
Commissioner Kehoe, on the other hand,
was of the opinion that the law had been
violated, and that the men had no right,
under any circumstance to cut into the
canal The other commissioners had lit
tie to say about the case either way, but
they practically upheld Maj. Blandford.
Mai. BlandfOrd himself stated on the stand
that he was not the prosecutor, but that
he had reported the facts to the commits
sioners and that the prosecution had been
directed by them. Mr.. a. S. Way APP
peared for the defendants and made
strong argument in their favor. The state
was assisted in the prosecution on the
charge of a misdemeanOr by Mr.. j. r.
Saussy. the county attorney. The state,
contended that, inasmuch as the proper
legal remedies had not been sought by
the defendants and they had taken the
matter of relief and redress into their
own hands, the law had been violated and
the defendants should be convicted. Mr..
Way held that they had endeaVored to
secure redress through application to the
county engineer but their appeal had not
been needed, and the case was an urgent
one If any part of their crops was to be
saved from destruction.
The jury seemed TO consider that there
had been a violation of the law with sew
eral extenuating circumstances, hence the
verdict was followed with a recommended
ton to the extreme mercy of the court.
The court took similar view, it appears,
and suspended the execution of the SEN
tence imposed.
Several attachments against the prop
erty of the Plymouth Rock Pants Com
pany have been recorded in the superior
court. The largest was issued from the
court of Justice Sheftall and is for S264.9S
I'm favor of o. II. Jones' The others were
issued from Justice Patterson's court. One
is in favor of Mrs Margaret Saussy, exec
utrix. for $6775 another for J. T. Ken
nickel for $3.50 and third in favor Of
~ fnr