The morning news., 1897-07-29
PENN MUTUAL FoREcLoSES.
BOARD OF TRADE BUILDING TO DE
SOLD ON DEBT OF $1,000.

Decree to That Effect by the supe-
rior COurt-GOdBOld case to lie
Tried notwithstanding Damage
Suits in the City COurt-A COmpII-
cation in Justice of Peace EIec-
tion-supreme Court and Abe
Small.
The Savannah Board of Trade building
will be sold to satisfy the debt of the or
ganization to Edward NJ. Needles, trustee
for the Penn Mutual Life Insurance Com
pany of Pennsylvania.
A decree was issued by the superior
court yesterday to this effect. The board
of trade has from time to time borrowed
money from the insurance company and
the debts are far into the thousands by
this time. There is one debt of $57 900,
another of 81, ,164.2O, and there is accum-
ulated interest amounting to $3, ,4OS.20.
This is no new suit against the board
Of trade. 1t has appeared in many ways
in the courts before this time, but the
action taken yesterday seems to heral1
the last act in the play.
Mr.. Charles w. Saussy, who has been
collecting the rents from the occupants
of the Offices and rooms of the building
since the matter was first brought into the
courts, was made receiver of such rents
as may fall due between now and the time
when the building is to be sold No def
mite plans have yet been outlined for the
sale of the building, and no date arranged
and it is understood that if the board of
trade should arrange to liquidate the debt
shortly the whole matter will be settled
and taken out of court but it is under
stood that no effort will be made in this
direction.
1t is stipulated in the decree of sale that
the money derived from the sale shall be
turned over to Mr.. Needles as trustee for
the insurance company, and that should
there be a surplus the remainder, after
satisfying the Indebtedness shall be paid
to the board of trade
A counter petition was heard by the su-
perior court yesterday in the suit of
George w. Euell against Gardiner M.
EueH, being a suit for divorce. The wife
seeks to obtain alimony pending the suit
! for divorce. She claims that the charge
which her husband sets up in his applica-
him, is false. On the contrary, she holds
that she was compelled to leave her hus-
bands house because he treated her cruel
ly and drove her away. She asks for a
support pending the trial of the case for
| divorce. Judge Falligant, after hearing
the claims for alimony issued an order re-
quiring the husband to pay the wife five
dollars per month until the termination
of the suit for divorce and also TO pay $50
as attorneys fees for the wife.
In the case of Gilbert DeLoach against
]. W. Masters and r. NJ. Frazer, before
the superior court, the arguments were
concluded yesterday and the case went
to the jury late in the afternoon. This is
suit for the recovery of possession of
certain lands, the power of attorney held
by the person granting the title to the
land being held in question.
The motion for new trial in the Pat
| Connors case was continued yesterday un-
! til Aug is by Judge Falligant. An order
was issued to this effect so as to keep
| the motion alive until that date.
An issue arises once more in the circles
of the justices of the peace. An election
J for justice to fill a vacancy in the Sew
| enth district was called through the or
| dinary's office. Justice of the Peace W.
| ]. Clary, who holds an Office in the same
| district, contends that it is his duty TO
| call the election. He claims that when
! there is one justice left in a district it
| falls to him to call an election to fill any
vacancy in other justice courts of the
| same district.
| Detective Godbold. charged with en-
| bracery, will be before the superior court
| this morning. He was indicted for
very unusual offense-that of attempting
| to bribe a juror during the trial of a case.
| 1t will be remembered that during the
| trial of the Lucas suit for dana ges
against the Florida Central and Peninsu-
| lar railroad, Juror Thee, charged that he
was approached by Godbold during a re-
! cess of the court, and offered a bribe Of
| 800 If he would see to il that the jury
| rendered a verdict for the defendant rail-
| road company. Other bribes are said TO
| have been offered if a mistrial should be
/ the result of the trial. The case is a novel
one, and has awakened a great deal of
| interest in Savannah. 1t is said that
! some sensa tional testimony will be brought
out in the case when 1t comes up for trial
! this morning.
Not for long time has there been such
| interest in a decision by the supreme
| court as was astir among the Savannah
lawyers and the public generally over the
Abe Small decision.
! 1t is of interest to read the entire text
of the decision. which is as follows:
Smalls VS.. State. Before Judge Fallgant
| Chatham superior court.
Lumpkin, i. il. II is both proper and
right for a trial judge TO see to It that a
| witness under examination is given a fair
opportunity to answer the questions pro-
| pounded to him, and to make any appro-
| pirate explanation of his testimony in
cuding, whenever the same is material or
| relevant, a statement Of the reasons upon
which such testimony is based.
2. There was. in a trial for murder, no
error in refusing TO allow the jailer TO tes-
tify as to his opportunities for observing
| the disposition and conduct Of the accused
| while in prison, this evidence being offered
for the purpose of showing his character
for quietude and peaceableness. as COM
pared with other men," bur counsel for
| the accused expressly declining TO put in
issue the general character of the latter
"for peaceableness or violence"
3. Where, in such a trial, a juror asked
| a witness as TO a material and important
! matter. and. when the same had been an.
| sW cred, replied 10 the witness saving In