The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-20
To BE HEARD ON ITS MERITS.
Judge SDeer OverruIes the Demurrer
of the WrightsviIIe and TenniIIe.

Judge SDeer OverruIes the Demurrer
OF the WrightsviIIe and TenniIIe.
Judge Speer yesterday overruled the de-
murrer fled by the wrightsville & Ten
mile Railroad Company to the bill for
mandatory INDUCTION brought against it
by the Augusta Southern.
The claim was made by the Augusta
Southern that the WrightsviIe and Ten
nile, the majority stock of which is owned
by the Central. charged it SIG per ton
for transporting certain classes of freight
delivered by the Augusta Southern over
the line of the wrightsville and Tennile.
whereas the Central was charged only g. 40
per ton on the same class of freights.
thereby making a discrimination of IS
cents in favor of the Central and against
the Augusta Southern.
This freight in question came from South
Carolina and the bill alleged that such &C
ton on the part Of the Wrightsville and
Tennille was in violation of the laws gov
erning interstate commerce, to which the
defendant demurred that the plaintiff
was not entitled to the relief prayed for,
stating for grounds that it denied the
facts set forth in the plaintiffs petition,
because IL was not alleged that the de-
PENDANT had violated any rule or order of
the interstate commerce commission, and
that under the facts the Wrightsville and
Tennille Railroad Company was not sub
ject to these rules and regulations. 1t
being Georgia corporation whose line Is
wholly within the limits of the state and
IL is therefore entitled to charge its local
rates on freight and passenger trafhc
over it's line.
Judge Speer passed an order overruling
this demurrer which leaves the petition
now for mandatory injunction to be tried
on it's merits. No day has yet been set
for a hearing.
The trial of A. H. CASTOR. colored.
charged with pension frauds, was con-
cluded in the United States court yester-
day and the case given to the jury. Cas-
ton was charged with collecting or tax
ing from Visa Strickland some S1,5OO out
her. whereas the law allows pension
agents and attorneys only $50
as a fee His defense was that this
money had been used for necessary ex-
penses in securing evidence and for other
purposes, and that a small portion of 1t
had been presented to himself and his
the Kindness which had been shown her
and her family by them The jury. after
celebrating over the case for some min
utes, returned and asked the court If
the Strickland woman had the right to
make a gift to CASTOR or his family out
of the money she received. Judge Speer
charged the court that CASTOR had acted
as her pension agent, and as such he
had no right to receive out of the money
collected from the government more than
the legitimate expenses incurred and the
fee of S25 as allowed by law. As Maj. w.
T. Gary, the district attorney, had to go
to South Carolina on business a sealed
verdict was agreed on. 1t will be opened
when court convenes Monday morning at
10 o'clock.
Maj. W. T. Gary left the city yesterday
for South Carolina, where he goes on
business. Owing to the absence of the
district attorney, Judge Speer announced
that there would be no further criminal
business until Monday morning, and all
witnesses and Jurors were excused until
that time.
There are two prisoners in the jail now.
one charged with a postoffice theft, and
another a violation of the internal revenue
laws, who have not yet been indicted by
the grand jury. Judge Speer said he did
not want to go away and leave in jail
any prisoners whose cases had not been
disposed of, and he gave orders that the
grand jury be summoned for next Wednes-
day, in order to dispose of these cases.
In the case of James W. McReynolds.
against the City and Suburban railroad,
the defendant filed a demurrer in the
United States court yesterday to the mo-
ton of the plaintiff to set aside the order
taking the cross-bfll of the City and Sub
urban VS.. j. W. McReynolds, pro con-
fesso. No time has been set for hearing
the demurrer.
Jonas Mendel was discharged as admis-
TRAITOR of the estate of Thomas B. Jones
in the court of ordinary yesterday
Sophia Putnam filed an application for
herself and minor child, for a years sup
port from the estate of her husband viii
liam Putnam.
Emperor of Germany, was made a citi-
zen of the United States yesterday by
Judge Falligant.
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