The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-19
WANTS HER TO SHOW CAUSE.
FOR NOT MAKING ANNUAL RETURNS
OF THE LAWN ESTATE.

The Administrators Called Upon to
Tell Why-The Matter Came Up on
the Petition of Jas. p. LAWN to Be
Relieved as Surety-SOuth Carolina
Authorities Want KeIIar For Bur
gIary, But Solicitor Osborne VIII
Hold Him to Answer For Perjury.
W. II. Tuten Promptly Acquitted.
Two MIstriaIs Declared.
The long and interesting legal fight over
the LAWN estate came up in a new light
| yesterday in the court of ordinary, pc
tition having been filed by James p. LAWN,
| formerly executor of the estate asking to
be relieved as surety on the bond of Kate
| C. LAWN, Administrative of the estate of
| John G. LAWN.
The petitioner states among other things
| that he is insolvent, and that he desires
| to have the estate placed in competent
hands, as he is, himself, interested in it.
He also makes the point that. as he un-
| derstands, the Administrative has filed no
annual returns.
Judge Hampton L. Ferrill of the court
| of ordinary issued an order requiring the
| Administrative to show cause before him
| the first Monday in March, why she should
not give a new bond as administrators of
the estate of John c. LAWN, and in the
! second place, why she should not be re-
moved as such Administrative for contin-
ued neglect to make annual returns with
regard to the property in her care, as re-
quired by law.
This litigation has become one of the
causes celebre of Chatham countys
courts. The suit Of Kate G. LAWN against
| James P. LAWN in the superior court is
still in progress, being now in the hands
| of Mr.. r. r. Richards, representing the
estate. This litigation grew out Of the
| failure in business of James p. Lawn,
from which practically resulted the APP
| pointment of Kate C. LAWN as admins
| tratrix of the estate of John G. LAWN.
! There were number of interventionS in
| the litigation by creditors of James r
! LAWN, who sought to hold property out
! side of the business, and belonging to the
| estate, responsible for his Indebtedness.
| The master in chancery who took evil
| dence in the case made a report in favor
| of the plaintiff, who represents the heirs,
and against the intervenors. The matter,
| however, still stands as ii was left by the
| masters report.
Solicitor General w. w. Osborne re-
| ceived a letter yesterday from b. H. Mat
! thews, Esq, a Charleston Is. c. lawyer,
| stating that Charles Thompson, alias
| Charlie Kellar, is wanted in that city for
| house-breaking and for larceny from the
house. 1t appears that he was out on
| bond when he left Charleston, and came
| 70 savannah with the woman, Nancy
| Goodlct.
Following this letter negro constable
! came over from Charleston yesterday af-
ternoon, and presented to Sheriff Roman
| a bench warrant for Kellar's arrest on
these two charges. Sheriff Roman took
| the warrant, and said ne would hold the
| prisoner subject to it on the termination
OF his trial here, but that he could not
| at present release him.
| borne, who stated that Kellar was also
| wanted by the state of Georgia on a
| charge of perjury, and that he would re-
main here until that charge is disposed
| of. The Morning News gave few days
| ago, full account of Kellar's arrest and
| Incarceration. He was one of the princi-
| pal witnesses for the defense in the case
| against Patrick Kearney, who was tried
for the murder of Jack Wyness. Kellar,
as will be remembered, told the fun story
OF the killing, after which the state prov
ed that he was not present at all at the
time the shot was fired This testimony
of kellar's was followed by his arrest for
perjury.
{ It appears that when the court of gem
eral sessions met in Charleston the other
day, Kellar's name was called, and he
failed to respond. The attorney, in writ
ing about the matter, stated that his bond
would be estreated unless he was return
ed. The South Carolina authorities, how
ever. will have to bide their time, as KEEL
lar will have to undergo trial here before
they can get him.
The case against w. H. Tuten charged
with larceny from the house over the val
ne OF $50, was the only case tried in the
superior court yesterday. After all the
evidence was in, Judge Falligant charged
the jury to return verdict of not guilty,
as there was not sufficient evidence to
make out case against the defendant.
with stealing $S7 from a bath house be-
longing to d. c. Newton at Pooler the
money being the property of John Small,
w. 7. Snyder and George Richardson. 1t
appears that the men were all together
drinking and having good time general
ly, when the alleged theft was commit
ted. Not one of them could swear posi-
lively that Tuten took the money, nor
could they give any good and sufficient
reasons for their belief that he took 1t.
For these reasons the court deemed it
proper to instruct the jury to bring in
verdict of not guilty
Two juries in criminal cases in the su-
perior court yesterday were called down
about noon. and mistrials declared, One
of them was the jury before which was
sault with intent to murder Lewis John
son. on Jan. %, and the other heard the
case against Tiny Butler, who was
| charged with stealing two hogs. belonging
to Mr.. T. III. Cunningham. One of the
juries was out nearly twenty-four and
| the other about seventeen hours.
All of the petit jurors of the superior
court have been relieved until Monday
Feb. %. subject to further notice 1t is
very likely that the next notice to the
/ jury, however, Will be one discharging
] II lot the term. oOlttltOI OSDOEile Will nOb
try any more criminal cases at the pres
ent term of court, and there are no civil
cases that can come up within a few days
that the court has yet to remain in ses-
sion on the December term.
one or two other small cases would
have been tried yesterday afternoon had
it not been that Judge Falligant was Sc
riously troubled with one of his eyes,
which panied him quite severely. The
December term Of the court will be adj
journed either Monday or Tuesday, as the
law requires that there shall be five days
| between terms. The March term will con-
| Vene Monday week
The superior court grand jury will meet
this afternoon and consider what business
remains on its calendar. II is not known
yet whether Il will make its general pre-
| sentiments to-day or not.
|