The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-04-13
TO BE TRIED BY A JURY.
THE QUESTION WHETHER :. J. EP-
STEIN - IN CONTEMPT OF
COURT.

Judge FaIIigunt Says the Matter
Must Go Before Jury Under the
Act of Is02-The suit Against Wna.
Bouhan, Trustee. Compromised and
He VIII Pay over $1,000 10 the
Plaintiff, who Is His Daughter-A
Property Claim Before the Court.
The question as to whether Sigmund j.
Epstein is guilty of contempt Of court
will be tried by jury. this having been de-
cided by Judge Falligant yesterday.
II will be remembered that after the
decision Of the supreme court in the
suit OF Boykin. Seldom & Co. aginst Ep-
stein & Wannbacher, holding that the
mortgages on the stock and property were
good and valid. the unsecured creditors
went into court and through their attor-
neys asked that the two members of the
firm be compelled 10 turn over to the
court, for distribution. the amount which
the jury found that they had expended
from their assets at the time the receiv-
ership went into effect.
1t was found by the jury that S. J.
Epstein had paid out Sll, 12f.39 that was un-
accounted Tor. and that G. Wannbacher
had paid ont s6.05lS7. On application to
~-+N NNNAN AAAN4 were AEluAlEA 10 EilQA
cause why they should not pay over these
amounts to the receiver. Capt. John r.
Dillon, or be attached for contempt Of
court Wannbacher was out Of the state
and could not be brought into court but
the notice was served on Epstein, and he
was required to make showing with re-
gard to the amount that he was charged
with paying out of the assets that should
have gone IN the hands OF the receiver
He failed to pay over the amount
Aessrs. Charlton. Mackau * Anderson
appeared for the plaintiffs, the unsecured
creditors. and Messrs. Garrard Neldrim
q Newman for the defendant Quite a
lengthy argument was had on the question
which was taken under consideration by
the court. The defendant claimed that
under the law passed in 1892 he was enu-
tied TO trial by jury on the question as to
whether he was able or should be able to
turn over this amount TO the receiver,
while 1t was held by the plaintiffs that he
had already had the jury trial as far as
was required under the act. and that the
jury had decided at the time that ne had
Wfongtully withdrawn the amount men
toned.
Judge Fslligant's decision was practi-
cally in the defendants favor He decided
that the case should be tried by Jury under
the act approved Dec. p, 1892, amending
section Am of the code, and stated that
bond would not be required under the act,
at the present time for the appearance Of
the defendant.
The case win no doubt be of much in
terest when ii comes up. This law refer
red 10 grew out of the contempt pro-
eeedings in the Ryan case tried before
Judge GOber sitting. IN the Fulton county
superior court and since It's passage very
few cases have been tried under IL, so that
there has been little opportunity to OBJ
serve It's practical workings. The ques-
ton Will be as to what disposition Epstein
ma0e of his money, II any at all, and as to
whether he wrongfully distracted il from
the assets Of the firm.
A settlement of the suit of Mary Ellen
Bouhan against William Bouhan, trus-
tee, Mary Bouhan, William Bouhan, Jr.
and John Joseph Bouhan, has been reach
ed, and on the ratification of the agree
metn by Judge Fallisant the proceedings
were dismissed.
This case. it will be remembered, has
created considerable stir William Bou-
han was charged with disposing of prop
erty which he had made over in trust to
his daughter, Mary Ellen BoUhan, and
an accounting was asked for. Before the
suit was called up it was reported that
Bouhan was on the point of leaving the
city. writ of ne eXeat was issued
against him, and he was put in the GUS
tody of a deputy sheriff, from whom he
made his escape and went away TO New
York. The proceedings were continued
however, In one form and another until
finally the parties to the suit agreed on i
settlement.
yesterday and ratified, Under the agree
ment William Bouhan is to pay over
to Messrs, Erwin, duBignon Chisholm
for the plaintiff $4,000 within thirty days,
in consideration of which all claims
against him by her are to be dismissed. But
unless he complies with the contract, she
has the right to use the processes of the
court to cause him to be arrested and
to have the matter finally adiudicated by
the superior court. On the payment Of the
$4,000 and costs of the case a consent
decree will be taken and Bouhan win be
released from all further liability.
Tho e,,it ~ Ta,,,as NJ esiv,,,,e +,.,,,.Fo,,..,
of the Merchants and Mechanics Loan
Association, against L. l.. Houston de-
PENDANT, and Frank Freiherr, claimant
was argued before Judge Falligant yes
terday and he reserved his decision.
Simms bought a claim against Houston
from the Merchants and Mechanics Loan
Association, Houston having borrowed
money from the association to purchase
piece of property on Bryan street. AZ
ter Houstons death Freiherr claimed the
property. and the issue as to whom ii
rightfully belongs is now before the court,
AT THE TABERNACLE.