The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-06-06
WHICH is THE CREDITOR?
THE VERNON SHELL ROAD cOMPA-
NY's CLAIM FOR 5000.

/
County over 5000 suit That Was
Quickly Disposed Of-The Mer-
chants and Mechanics Land Com
pany's suit Against VI. W. Dixon
and Others-W. }. CIeary Appoint
cd Ex-OmeiO Justice of the Peace
in the seventh District.
Both courts had quite a busy day Of it
| yesterday. The city court took up a case
| the trial OF which may occupy al OF to
| day and part Of tomorrow. It is the
/ suit Of the Vernon Shell Road Company
against Chatham county for 5000 for
I alleged damages to the White Bluff shell
/ road
Some time ago. on the strength Of GER
4 tain complaints made. the county COM
| missioners notified Mr. D. B. Lester, pres
| ident and owner Of the Vernon shell road,
/ that he would have to put the drainage
/ Of the road in order and clean out the
bitches and drains. The commissioners
claim Mr.. Lester paid no attention to
Z this communication, and treated several
others in the same way. The commits
sioners then went 10 work and had the
county forces repair and put in good or
/ der the bitches and drains along the
road, and sent the bill to Mr.. Lester.
Mr.. Lester claimed that in cutting the
/ bitches the county forces had reduced the
width Of his roadway and that a large
number Of the shade trees along the
drive had been destroyed. He estimated
his damages at 5000, and sent the county
bill for that amount. The county COM
missioners denied that Mr.. Lester had
any claim, and sent him bill for S542.2s
for work done in repairing the drainage
of his road. The commissioners not only
deny the right of Mr.. Testers claim, but
! hold that he is required by law to keep
the road in good condition, and say there
have been many complaints about the
condition in which it is kept.
The commissioners state, in their an
sWer, that the amount due by Mr. Lester
| for the repairs made on the road by the
county, for which execution was issued
has never been paid. Mr.. Lester was on
the stand practically all of the afternoon
yesterday, and his testimony had not
| been concluded when the court adjourned
| The case will be taken up again this
morning.
A case of speedy rendering of justice
was seen in the city court yesterday
The suit was that of Ernest c. Wilson.
| by his next friend, James f. Henderson,
| against the Central of Georgia Railway
damages for personal injuries The suit
was flied in the morning, dOcketed shortly
after court convened, put at once before
I
S225 was rendered. Wilson was
injured in the accident of May
% at Tybee, when the passenger train ran
into an open switch in the rear of the
Hotel Tybee and cOllided with some emp
ty cars on the siding. A settlement of
this case was reached. and Wilson, being
a minor, and for other technical reasons,
the defendant wanted a jury to pass on
the case. For this reason consent YER
dict was taken.
Judge Norwood had a short criminal ses-
sion of the city court in the morning. Will
lam Brown, charged with simple larceny,
was given a sentence of SIS and costs
or twelve months on the chbin-gang. Chas.
Berrien, for larceny from the house, was
sentenced to pay fine of S25 and costs
or spend twelve months on the chain
/ gang. Peter Merschoff, Judge Crowder
| and Henry Simmons were all found guilty
! of having nothing to do. or in common
/ parlancc, of being Migrants, and each was
/ sent to the county poor farm for twelve
months, without the option of paying
| fine.
The case of Celia jenkins against the
| savannah, Florida and Western Railway
/ Co., for $4,000 damages, was dismissed by
| counsel for the plaintiff. Percy Brown,
the plaintiffs son, was badly injured by
/ train Of the Savannah Florida and
| Western, when trying to steal a ride,
| Nov. 80 1892. The case was apparently
/ very weak one, and was dismissed for
I that reason.
Practically the entire day in the supe-
rior court was occupied in the trial of
] the suit Of the Merchants and Mechan-
/ les Land Company against NJ. w. Dix
! on, surviving co-partner, and others. The
/ defendants secured judgment against the
| Savannah Wheelmen's Track Association
/ for about 81 800 for materials furnished,
and an execution was issued for the
! sale of the property TO satisfy the lien.
The plaintiff company holds a mortgage
/ for $1,000 on the land and protests against
| the sale on the ground that it was not
notified of the former proceeding. Col
/ fusion between the defendant and the
| Wheeimen's Track Association amount
| ing to no more than Illegal irregularities
IS charged. The sale under the execution
was stopped by injunction until the mat
| ter could be determined in the courts.
The trial will probably be concluded this
! morning.
The grand jury of the superior court
| held a short session in the afternoon. W.
! J. Cleary was recommended for appoint
! ment as notary public and eX-officio JUS
tice of the peace in the Seventh militia
district Justice Mcleod King the pres
! ent incumbent of the office, was a can
| didate for reelection.
The grand jury found only two bills of
/ Indictment. Hector Bryan, charged with
/ burglarizing the residence of Rosa Mid
| dleton May 15 and Berry BOwdon, charg-
ed with burglarizing the dwelling house
| of John II. Fox April %.
,rule nisi was granted in the superior
court in the case of the Southern Bank
| against L. G. Richards, r. r. Richards,
| James II. Richards and others, fOreclos-
ure of mortgage on property in Decker
| and Jackson wards the mortgage being
| given to secure notes now aggregating
| S72C0, with interest from Jan. 9, 1896.
Edward n. Cartwright, a former subject
of the Queen of Great Britain and Ireland,
| was made a citizen of the United States
| by Judge Falligant.
Laura j. Robert was given a second
verdict and decree for total divorce from
| her husband, Louis Robert.
A decree was signed in the case of II.
| A. Lapham and others against F. L. Lap
| ham, in accordance with the verdict of
the jury granting to the plaintiffs lot No.
| 9, trustee garden, on East Broad street
In the court of ordinary Mr.. John Fitz-
gerald qualified as notary public and ex-
| officio justice of the peace in the Fourth
militia district his commission from the
! governor having been received. He en-
| tered a once upon the duties of his Of
fee. He will occupy the Office formerly
| used by Justice EisInger of that district
Raglin Williams, administrator of the
| estate of Amy Williams, filed a petitfoo
I Ill