The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-12

1 for "a short time by Lanier. stated that
7 the stock had been badly run down and
{ 10 up which he did by ordering goods from
I Lippmal Bros He said he would have
] everything included and this was the
u amount that Lanier had asked for 10.
Mrs. Easom, whose husband formerly
worked al the store under contract with
Lanier. denied that she had ever told La
nier that her husband had used any mon
I ey cut OF the business.
Lanier began his statement by saying
7 that the position in which he was placed
was a very embarrassing and notifying
one. He told about his contract with
EasOn, whom he said, had Withdrawn
about S3i2 from the business without his
consent. EasOn, he said. had also in
creased the Indebtedness of the concern.
A friend wrote 10 him in January and
told him he had better come down and
look into things here He came down and
age, and secured Or. Mullryne TO take
charge of the place. He told about hav-
ing been directed 70 NOnN allah by Tins
man. As NonNalZah was employed at Or.
Dukes place, It was necessary.
he said, for him to 20 and
see him. He said when VonVal-
zah ana Tinsman visited the store he had
opened up everything and showed them
just what was there. after which he told
MIN what he would take for the place.
Won y allan told him he could not pay 100
cash, and he finally agreed 10 take thirty
three notes for $50 each, z" be secured by
collateral note for N,65o, and a mort
NonValzah, he said. afterward com
planned that there was not enough stock
IN the place. and he secured and gave
nun a due Dill from Lippman Bros. for
500. by which amount he told him TO in
crease the stock. He says he told Won
Nalzlh plainly that the stock had been run
down, that he knew nothing about the
drug business. but he denied positively
that he had said that he had Just put $500
OF stock IN the store, and said the state
ment was absolutely false. He said Won
Nalzah FIRST asked him for 500 cash, but
he DIDN'T have il then and didn't have 1t
now.
With regard TO the colored water in the
bottles, he said that he knew of only two
bottles in the place that did not have in
them what the labels indicated, and these
he pointed out to NonNalzah. He admitted
that he had praised up the stand in every
way, nut denied he had made any mis-
represe nations whatever, and said every
thing was there for VonValzah to look at
for himself. He said he did not want to
sell II by inventory, as he would have
preferred TO keep it, and for that reason
ala not consent for an Inventory to be
taken
He denied absolutely that he stated he
was going to Waycross, Ga
10 see his wife saying she was at Nriiien.
He said when he left Savannah after the
sale he went up 10 Guyton TO see his
mother, ana tears were in his eyes as he
said: Thank God. she doesn't know I'm
on trial here to-day"
He spoke of the letter he had received
from Won Nalzah threatening to institute
proceedings against him, and said he had
written to Won Nalzah and called him a
malicious liar, and told him he would make
him sign a libel. He said bail in trover
proceedings We're first instituted against
him to recover the collateral, and he had
then agreed to submit the matter to ar
bitratiOn, bat for some reason the ar
bitration was not agreed to on the other
side He said he had never got a dollar out
Of the place, was out a bout 81 500 on It, and
thW all he had to show was Won Valzahs
notes ana the collateral Lanier frequent
" drank water during his statement
which lasted about an hour. He remarked
that II was necessary, as the subject was
hoa. one with him.
Mr.. Adams made the opening arugment
Tor the defense. lie cited several decisions
10 -tv.w tnat where a purchaser had full
opportunity to examine property he could
not hold the vendor liable for any fault
afteruard found with It.
He was followed by Mr.. Wilson who ad-
dressed his remarks mainly TO the jury,
and who laid stress especially upon the
question OF Masonry that was brought into
the case. NonNalzah, he said, was young
Mason- and y was the young ones that
were frequently imposed upon by the old
Solicitor General Fraser closed for the
state. lie contended that deceitful means
and artful practice had been used BY Lam
ier which made him amendable TO the code
under the Jaw against cheating and swind-
Mr. Adams closed for the defense. He
said that the cases he had cited were fun
OF instances of deceitful means and artful
practices and yet the vendors had not been
held liable. He contcnded, however, that
no such means had been used by the de-
PENDANT who, he said, had acted in good
faith, and had known very little about the
business with which he was dealing. He
referred TO the impropriety of the bringing
into the case the question of Masonry. He
made a strong argument in the defend
ants behalf.
Judge MacDonell's charge was fair and
impartial as is always the case. The
jury was out only long enough to take
one ballot, when a general shout of mot
guilty" was heard from the jury room and
I.anier was congratulated by some of mis-
friend before the jury returned After
the verdict was announced In court, and
the court was adjourned he was congratu-
lated on all sides, by almost everyone
present.
Mr. Lanier. who is now practieing law in
Atlanta, was formerly a dentist in this
city, and while here made a large circle
of friends. who will warmly congratulate
him on the outcome of this case. They
did not believe that he had ever will
fully misrepresented anything to Mr. Won
Valzah, nor that he had ever attempted
ion amcng his friends that if Lanier had
known of anything wrong about the stock
he would have so informed VonValzah
before making the sale. The outcome of
the trial is considered to be vindication
for him in every respect. Mr.. Lanier is
engaged in the law practice in Atlanta with
Mr.. H. c. Etheridge, a graduate Of the
University of Virginia, and a nephew of
eX-CfoV. Northen. His friends assert thar
there is nothing that can be said to his
discredit.