The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-01-29

.."HSe MAR iH yesterday OH an appl.ca-
tioh Tor temporary injunction against
/ the sale of the property at autcoin TO-
day.
The property is well known as that
Wnlch mas occas.oned so much discus
SION IN The Councils. as the most avaiIa-
bie water supply for the cty's use. 1t
VIII he recalled that an option was Sc
cured on this property by Judge j. Nj.
keei'nS and 1t Is 10 protect his interests
mat he asks Judge Martin to cnjoin the
| sale.
ADVERTISED FOR SALE.
severa! days ago there appeared In
several Norfolk papers an advertise
inent which must have caused Judge
Keeling considerable anxiety regarding
ms option. The entire farm OF 1855 acres:
including the valuable water rights
wanted by the city. was about to go
unuer the hammer TO the highest bidder
by the foreclosure of n mortgage held by
Mrs Celest.a Joyce. The sale was an,
nouncod to take place at the Real Estate
| EXCHANGE nj noon to-day by III. c. Hog
gard d. Co. auciioneers. Judge Keeling,
however, is bent on depriv.ng these gem
tiemcn OF their commissions. and when
| me Court of Law and Chancery con-
/ vcned yesterday morning he brought
/ SUIT bS his counsel. Judge ID. Tucker
! Brooke. Tor temporary injunction 10
| stop the sale.
City Attorney Walter H. Taylor was
}
until o'clock To- enable him 10 pre-
| pare Il defense.
THE ClTY'S FLANK MOVEMENT.
AZ the hearing IN Judge Martins Office
Yesterday afternoon there were present.
| oSsldes His Honor, the City Attorney
and Judge D. Tucker Brooke. Messrs.
numas X. 3allentine and William NJ
iannan, OF the Common Council and
Smith. L.
1t was carly developed that the in
tcrest on the Joyce mortgage had not
hccn paid was not because the
davts submitted by Judge Brooke
showed that his client, Judge
Keeling. would have paid it but
Tor the information given him by Messrs.
burroughs II Bro attorneys for Mrs.
Joyce. that the money need not be paid
until January. Then. il is alleged, he
attempted To find the holder of the bond.
but was unable to do So Then was dis
closed the city's flank movement In
stead OF the bond being in the hands of
the original holder It had passed into
me possession of Mr.. Thomas II. Ballen-
, tine. member of the Common Council.
ana OF Its water committee. BY this
means. unless Judge Martin enjolns the
; sale before noon to-day. The city will
nave thwaricd Judge Keeling in the
tiSht Tor the possession of Joyce's Lake,
despite his option on the property.
INTERESTING ARGUMENT.
Judge Brooke argued that if the in
junction was not granted the option held
on the property by his client would be
null and VOID: that the interest on the
mortgage would have been paid but for
me mistake of Mrs Joyce's counsel. and
the subsequent cancealment OF the hold :
er of the bond
y BOMBSHELL.
Then The defense introduced two afT-
davits from Christian George and his
wife. In which they declare that the six
months option was not understood by
hem; that they expected the full
amount OF the purchase price agreed
upon to be paid to them within a few
weeks. and regarded the So paid to bind
the contract merely as n gift from Judge
Neellng. This was n bombshcll, but
Judge Brooke was prepared for It, and
was then that he presented an ani-
mat the option was understood by the
Georges who seemed greatly pleased
with their bargain.
Oily Attorney Taylor argued for the
defense and said that Judge Keeling
must be regarded as n volunteer In his
efforts to pay the interest.
The court he'd that a clause In the
option implied the Judges right TO pay
the interest.
Mr.. Taylor continued. when equity is
W 'Iie uIp!iCHnl must come
with clean hands and I think the affi-
davit of Christian George and his wife
viii prove that this option was not OBJ
tanned as 1t should have been.
good deal has been said" con.
tinued he. concerning the city's action
In the matter. If the city should fail tn
J purchase Joyce's Lake this option OF
Judge Keeling's Will never be taken
up"
; The court took the matter under ad-
. vlSement and will decide on il this
morning. probably before the time for
the sale 10 take place
In connection with The foregoing is re-
produced the following forecast of the
report of the investigating committee of
me councils as published exclusively by
The N!rsinian yesterday:
The recommendation of the Councils
JOINT investigating committee 10 be
made To that body next Tuesday night
VIII be that all charges. expressed or i'm
Piled, concerning Mr. ii eeman's tonnec-
tion with the Little Creek water MAJ
Ter ana the question of who gave away
the Joyce's Lake decision he dropped
from all further considerations as the
committee finds nothing in the evidence
submitted 10 1t TO substantiate any of
, the charges.
MIR. FREEMAN ENDORSEn
instead OF recommending iinpeach-
ment proceedings against Select Coun-
Gilman freeman. for his cOnnec,io, VT
the Little Creek option. the report will
characterize II as self-sacrifcing and