The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-05
DECIDED IN THE CITYS FAVOR.
THE JURY's VERDICT IN THE LIB
ERTY STREET PAVING CASES.

The Executions Sustained for the
Full Amounts Asked-The Purse
and Bacon Cases Tried Together.
The Assessments Under the New
Ordinance Larger Than They Were
Under the Old One-The Cases to
Go Agnin to the Supreme Court.
other Court News.
The jury before which the Liberty street
paving cases were tried returned a YER
| dict yesterday afternoon in favor of the
| city for the full amounts claimed.
| The cases tried were those against D.
| G.. Purse on an execution for $1s001, and
against D. c. Bacon for SS,2S9.61. The ar
| gument was concluded yesterday morn
ing, and the jury was charged after din
/ ner. 1t was out just a little over an hour.
The case was defended by those against
whom the assessments were made on the
| ground that the city had no right to as
/ sess them without having a legal ordi-
| nance. The supreme court having deci-
| ded that the ordinance under which the
| assessment was made was not in accord
ance with the statute, it was claimed
| that it was in violation of the constitu-
ton of the United States, which prohib-
/ its an assessment being made against
any party without due process of law.
The city made the claim on its argu-
ment on the case, submitted by Mr.. S. B.
/ Adams, that the property owners petit
toned for a pavement and received sub
stantially what they had asked for. When
| they petitioned for the pavement they
knew under the law that they would be
| charged with their proportion of the cost
| as aDutting property owners.
| men the first executions were issued
| on the frst assessments the property own
/ ers filed aftidavits of illegally contain
\ ing thirty-tiVe general grounds with nu-
| merous subdivisions. Mr.. Adams made
| an oral motion TO dismiss these affidavits
/ Tor the reason that none of the grounds
| set forth any legal defense to the execu-
! uon. That motion was sustained by Judge
| Falligant in its entirety, and Mr.. Bacon,
| whose case was heard at that time took
! IL TO the supreme court, and the supreme
| court decided that a general ground was
| sufficient to hold the case in court ana
! then proceeded to decide the legal ques-
| lions which would arise in the case These
| legal questions were all decided in favor
| or the city, though the supreme court did
note verbal discrepancy between the
! act and the ordinance
The case was then tried, and the jury
! rendered verdict in favor of the city
| for the full amount. Mr. Bacon took the
case to the supreme court again, and that
| court held that the variance between
the act of the legislature and the or
| ordinance and to have new assessment
/ made.
At the former trial the city contended
! that the language of the ordinance made
| the amount payable by the property own
| ers less than the city was authorized to
| make it under the act of the legislature
| and if the property owners succeeded in
causing an assessment to be made in ac-
| cordance with the strict letter of the act
they would simply increase the amount,
The assessment made as directed by the
| last decision of the supreme court makes
| the amount due by each property owner
| larger than the previous assessment the
| first assessment being something like 1914
| per front foot, and the last something like
con makes the amount due by him some
thing like $500 more than under the first
assessment Mr.. Bacon had ten full lots,
however. and for this reason mis- assess
| ment was a large one.
By agreement the case against Capt
| Purse was tried with that of Mr. Bacon
| and his assessment is found by the Jury
to be proportionately larger also. In both
| cases the amount to be paid was left TO
the jury and both juries found in favor
of the city for the full amounts The
technical points which came up during
| the trial of the cases We're decided bv the
| court i'm favor of the city. An applica tion
for new trial will, of course, be made
and the cases will probably go to the SUI
| preme court at the March term. A decs-
ion from that court will be awaited with
| much interest.
a petition for injunction against Cen
Henry r. Jackson was filed by Henry
| Sack, as next friend to Anna NJ Sack
| lunatic. The petition asks that the de-
| PENDANT be restrained from foreclosing a
mortgage for about $4,000 on certain prop
erty in Sackville and the southern part Of
the city, until they can procure the money
| to pay off the claim, which they assert
| can be done within a few days They do
not want the property TO go TO sale he
! cause they state IL is worth some two or
| three times the amount of the mort gage.
| The matter will be heard Judge Fall
| ligant next Saturday.
The cases against julius Hirsch. Clar-
| ence Sheftall, w. j. Odell and Male Hen
derson, charged with running policy lot
| teries, are assigned for trial in the city
| court before Judge Norwood to-day.
Judge Norwood drew forty-eight more
| jurors for the February term Yesterday
He drew thirty-siX out before the open
| ing of the term, among them being Thorn
as V. Ponder, now in Jail on a charge
of murder besides a number of parties
who have jury exemptions. Judge Nor
| wood not being officially aware of these
| facts, drew out these names, and the
| consequence was only twenty petit jurors
| were on hand yes erday. This necessitat-
| ed the drawing of the other panels
| Thomas Dunn was convicted of assault
| ing and beating Matilda Butler and was
fined so and costs or sentenced to spend
| two months on the gang. He paid the
fine and costs and was discharged
Judge Norwood signed an order vester-
| day appointing Mr.. Charles NJ Rushing
| official StenOgrapher of the city court
Mr.. Rushing is well known as a Ste
nographer, and viii no doubt make his
reputation in court work at once.
According to notice all petit Jurors of
| the superior court are discharged until 10
O'Clock on Thursday morning.
TWO NEW PATROLMEN.