The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-07-23
BLOW FOLLOWS A THREAT.
LAWYERS CHISHOLM AND TOOMEH
EXCHANGE COMPLIMENTS.

Mr.. TOOmcr Took Exceptions TO n
Statement by Mr.. Chisholm in His
Argument Before n Jury in the
Coleman Case and Threatened to
sInp His Face-Mr. Chisholm Re
piled With a Right-HandeF Be
fore the other Attorney Had a
Chance to Carry out His Threat.
Judge Norwood Fined Them Both
for Contempt OF Court.
The city court proceedings were enliv-
ened somewhat yesterday morning by q
little event which. though not material
TO the issue, afterward became a part of
the record, in the shape Of fines for con-
tempt imposed by Judge Norwood upon
Messrs. ". s. Chisholm and W. NJ
Toomer. opposing counsel in the case OF
T. NJ Coleman against the Savannah,
Florida and Western railway.
The trial was nearing its conclusion. It
was about 10 o'clock in the morning, and
Mr. Chisholm was making his argument
in behalf of the defendant. During the
course of his remarks he had occasion to
refer 10 some portions OF Mr.. Coieman's
testimony with regard to report of the
accident by which the plaintiff was in
jured, and which resulted In the suit.
Mr.. Toomer. who is from Waycross, and
who represents the plaintiff, took some ex-
ceptons to the references as the report
itself was not in evidence, and suggested
that as reference had been made to 1t Mr..
Chisholm read the report of the accident
as made by a flagman named Mills. who
was at that time in the employ of the
Of Ha Ina
handed Mr.. Chisholm a copy Of the re-
port to which he referred.
Thinking he had among his papers the
only copy of Mills report, Mr.. Chisholm
at once made the charge that the report
had been taken from his papers.
THAT statement would justify me IN
Shaping your face" Mr.. Toomer said.
and turning to the court he denounced
the remark as untrue. In an instant Mr..
Chisholm sprang toward him and struck
him, but deputies interfered and pre-
vented any further hostilities.
Judge Norwood censured the two attor-
neys and fined Mr. Chisholm, he being
the aggressor, $25 for contempt of court
and upon Mr. Toomer he placed a fine of
$40. Through the Intervention OF a friend
tho matter was amicably adjusted after
the case had been given to the jury, both
gentlemen Withdrawing the offensive re-
marks made in court. AS soon as this
was done, they made their apologies I'm
open court, and Judge Norwood expressed
qualification that the matter had been
amieably adjusted. He stated further
that he had fined Mr.. Toomer for making
the remarks he did without first demand
Ing an explanation from Mr.. Chisholm.
The fines were paid and both attorneys
hold receipts for the amounts from Den
uty Clerk r. l.. Colding.
The SUIT Of Coleman against the Sayan-
nah, Florida and Western for $4,000 dam
ages for personal injuries, was concluded
yesterday about O'Clock, that is IT went
to the jury at that time. Up to a late hour
last night the jury had reached no agree
ment, and II was very evident that an
other mistrial would be the result One
OF me jurors was sick yesterday after
noon, and asked the Judge If he could
not be relieved from further duty on the
case. The plaintiff was willing that he
be Withdrawn, and the case left to the
other eleven Jurors. The defense, how
ever preferred a mistrial TO having the
verdict rendered by only eleven jurors
! Judge Norwood did not like the idea of A
second mistrlal in a case which has al
ready occupied so much time, so the Jury
was retained.
In the superior court yesterday the At
! lantic Building Company applied for a
Gnarter, The Incorporators will be Messrs.
r. A cults. d. B. Lester, J. P. Williams
): Lawton HERS, J. L. Archer, Il. ]. Ap-
! PIE, william c. Fripp, William c. Ofutt
John ). Bowen and Henry Kolshorn The
PAID IN capital is to be $4,000 and the
| company expects to do a general business
in handling and improving real estate.
In the divorce cases of Leola. E. Bare
Held against Charles F, Barefeld, and
Hattie r. Hines against James Hines
second verdicts and DEGREES for total al
vorce were rendered.
In the case of Solonons & Co.. against
Nottingham & Co.. the petition of T. G
Forsberg TO have costs taxed in his behalf
amounting to S152 was refused by Judge
Falligant.
In the case OF Alexander Anderson
against Solomon Williams. a verdict for
the sum of s56.74 was rendered in the
plaintiff $ favor, the suit being the ont
come of a horse trade, in which Anderson
got had animal, and sued for the differ
enco between the value of the horse he
gave Williams, and the value of the car
cass which he had on his hands soon after
the trade. 49,
The suit of Margaret F. Lsftteau.
against Margaret Farmer, was taken nm
before the court in the afternoon, but wa :
not completed. It involves the title to ten
shares OF the capital stock of the Excel
! slor Loan and Savings Company, left from
the estate of Kate Farrell.