The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-20
FIRE COMMISSION SANGUINE.
THE COMMISSIONERS BELIEVE
THEY WILL BE SUSTAINED.


The Case TO Come Before Judge Fall
Iigant This Week-Ihe $, F. and
W. Railways Suits Against F. 1.
McCalI-The Defendant to Make No
Defense-Other Matters Before the
Courts.
Chairman ". L. Grayson OF the fire
/ commissioners said yesterday that he had
no fear that the decision of Judge Falli-
CANT In the matter Of the prohibitory writ.
which viii be argued Saturday, would be
unfavorable to the commissioners. The
! commissioners, he said, feel perfectly safe
/ in resting the case with the courts.
There has probably never been a civil
| question before the superior court around
which conferred so much interest The
| sympathizers with both political factions
are awaiting eagerly to learn what course
the case is to take.
One of the attorneys was seen, and in
| connection with the case, he said that the
argument would concentrate itself solely
upon a proposition of law, as TO councils
| jurisdiction to try the commissioners. If
the decision of Judge Falligant is adverse
to the commissioners. the council will pro
coed with the trial, unless a supersedeas
| is granted, which lies altogether within
the discretion Of the court. The commits
sioners and their counsel are sanguine
| of success, and believe that the result of
the argument will still keep them clear of
| council.
The suit of the Savannah, Florida and
Western railway, against Mr.. F. I. Nc
| Call, mention of which was made in yes
| terday's Morning News, will hardly bring
out the sensational features of Mr.. Nc
| Calls failure a year ago resulting from
the Twitty-Reeve defalcation. as the re-
| suit of which several banks in the city
were losers to large amounts on account
Of money advanced on fraudulent receipts
| for naval stores and rosin, procured, 1t
is alleged by H. D. Twitty, who had Mr.
McCalTs power of attorney, from Reeves,
who was clerk in the employ of the rail-
way company.
! Mr.. Mccall stated yesterday that he
would make no defense to the suit, and
| did not expect to engage an attorney to
| represent him. This being the case judg-
ment for the amount claimed will doubt
| less be obtained by default The amount
sued for is $S4, 22S, together with attorneys
fees and the costs Of court, this being the
amount of seventeen notes given TO the
Savannah Bank and Trust Company, the
! Southern Bank and the Chatham Bank by
| H. d. Twitty as attorney for Mccall.
These notes were transferred by the banks
to the Savannah Florida and Western
Railway Company, which is the real loser
| by the transaction.
The moneys having been secured from
the banks on receipts issued by the rail-
way company, the amounts were made
good to the banks by the company and the
losses assumed by it. The company now
| apparently seeks to reimburse itself
through judgment against Mr.. Mccall AS
| il is well understood that Mr. Mccall is
| without funds a judgment against him
| for this or any other amount would seem
to be of very doubtful value. 1t Is doubt
less intended for use in further prospec-
tive litigation, though in what manner is
| not apparent to the uninitiated.
The trial of Reeves and Twitty will
| very probably come up at the December
term of the court. II is said that the
cases will be vigorously pushed. The trial
Will uOubtleSS DEing out INe peCulldT meth
DDS by which Mr.. McCalls property was
reduced. The statement that the
amount Of the suits was over $4,000 is an
error. The claim is stated in two forms
on the paper filed in court, and gave the
impression that the amount sued for was
double what 1t really is.
No business was transacted in either
| the superior court or city courts yester-
day. Judge Falilgant was present in the
! superior court yesterday morning and
! court was opened in due form, but there
being no business to transact, the cour,
was adjourned again. Judge Norwood
Of the city court Is at his home in Lib
erty county, but comes to the city every
Saturday to dispose of the criminal bust
ness accommodating during the week. No
new cases for the November term of the
city court were filed yesterday.
A motion for new trial in the case of
| Wight & Weslosky of Albany versus Au.
1 gust Schmidt of Darien, which was tried
| in Mcintosh superior court was heard in
chambers by Judge Falligant yesterday
morning. The suit is on account, the
| amount involved being $3.50. Judge Falli-
giant took the papers in the case and re-
| served his decision. Gignlliat & Stubs
appeared for the plaintiffs and the de-
PENDANT was represented by Garrard, Mel
| drim & Newman
w. N. Pratt. administrator of the es-
tate of Clayton H. Brigham, filed a petit
ton in the court of ordinary yesterday
to sell personal property. A years sup
port was granted Jennie Orr from the es-
tate of William Orr
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