The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-10
FAILED IN HIS CONTRACT.
CHEsLEY FAIRCLOTH DIDN'T
CARRY THE MAILS OFTEN
ENOUGH.

The Government Therefore Put n
Triple Penalty Upon Him, for
which Judgment Was Taken in the
United states Court Yesterday.
some Criminal Cases Tried Before
Judge FaIIiEant - Lizzie Pinsky
Trying TO Recover From Rhodes
& Observation-Disclosures Pension
erS' Checks Arrived.
There was quite an interesting case in
the United States court yesterday. in
which the United States was the plaintiff
and Charley Faircloth the defendant
The result was a verdict for S348.5S
against the defendant. Faircloth made
a contract with the pOstofiice department
of the United States. agreeing to carry
the mails over a circuit from Midwife TO
SwainsbOro by way Of Canoochee, and
back to Midwife again by way of sum-
mertown. the circuit 10 be gone over six
time a week. for the sum Of $3.50 per year.
After Failcloth had been carrying the
mails for some time the department dis
covered that he carried il from Midwife
10 Swainsboro by way OF CanoOchee twice
a week. and by way Of Summertown four
times a week, which was considerably diff
ferent from what his contract called for.
Under the United States laws there is
penalty for the non-performance of con-
tracts in such cases, which is three times
the amount that would be received under
the contract, if fully performed. In 9TH
er words, the penalty is three times the
amount that would be paid for that por-
ton Of the contract which is not per-
formed.
sl1r
rardy Meldrim x Newman and the United
States, Of course, by the district attor-
ney. The only issue made by the defend
ant was that the amount claimed. being
a penalty, no interest could be collected
on II. In this the defendants was success
ful, and the only verdict given was for
the Fenalty as assessed by the depart
The defendant, however, stated that he
had Sublet the contract for CARRYING the
mails on this route, and that the deficiency
was occasioned by the party to whom he
let II out. His was a primary liability
however, and judgment was obtained
against him. He further stated that he
would hold the sub-contractor for the
amount.
The suit of Julia Bernhem against d.
5. Sinclair was taken up after the forego-
ing matter was disposed Of This is a
suit for the ejectment of the defendant
from certain lands located in the south
eastern section of Georgia. 1t is on trial
before a jury. The attorneys in the case
are Lester q Ravenel and Kenan u Hart
ridge for the plaintiff, and Gignilliat &
stubos, ana charlton Mackal q Ander-
son Tor the defendant. The trial of this
case Will be continued this morning after
the appearance of defendants in criminal
cases has been taken up. One or two
cases were continued at the request of
counsel, with view to settling them if
possible without litigation.
In the superior court yesterday Joe Will
Jams was tried a second time on the
charge of assault with intent to murder
When he was tried in December, the re-
suit was mistrial and the result promises
to be the same this time. The jury went
out yesterday shortly after noon, and was
still out at o'clock this morning
Levle Singleton, charged with robbery
mendation to the mercy of the court, on
the strength of which he was sentenced
as Tor misdemean9r, under the new law
twelve months on the chain-gang.
The divorce docket was taken up for a
few minutes in the superior court, and first
verdicts were granted in the following
cases: Mike Simmons against Priscilla
Simmons; Nellie S. Griffin against George
o. Griffin and Charles II. Anderson against
Rebecca A. Anderson.
In the city court was tried the case
OF Lizzie Pinsky against Rhodes &
Walker for $1,000 damages, for the wrong
full and forcible seizure of personal prop
erty sold TO her under the inStallment
plan, claim being made that an agent
of the firm came and seized the goods
without any authority to do so, and that
he used force in taking them away The
trial of the case was concluded about
night, and the attorneys agreed on a
sealed verdict, which will be read this
morning. Mr.. Robert M. Hitch repre-
scented the plaintiff, and Messrs Nicoison
& Mcclellan the defendants.
In the case of Picnic w. Warfield
against J. Slater Wayne in the superior
court, Messrs. c. H. Dorsett, II. w.
Johnson and George H. Richter were
appointed commissioners to sell lot No.
&C. Brown ward, and to report to the
court for purposes of partition of the
property involved.
John Satros, formerly a subject of
Greece, was made citizen of the United
States by Judge Falligant.
In the case of Emile Newman, trustee,
against Mary Wakefield, an order was
granted providing for the sale of the
property of the defendant now in the
by advertisement.
Judge Hampton l.. Ferrill received the
checks for the pensions of MANNED con-
federate soldiers yesterday, and they are
now ready for distribution to the proper
parties. There are seventeen of these
checks, varying in amounts from S25 to
500, depending upon the bodily injuries
sustained in the war by the applicants.
The appraisement in the estate of
Charles A. Jacobson was filed. The real
and personal property, as assessed by the
appraisers, amounts to Sl7,37105.