The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-05-01
THREE NEW TRIALS REFUSED.
sullivan and O'Nem and Bristow
Graham for Murder.


Judge Falligant declined yesterday to
grant new trials to Maurice Sullivan and
Simon J. ONeill, charged with the muir
der of Preston Brooks, and now under
sentence to fifteen years each in the pen
itenuary, and also to Bristow Graham,
colored. under sentence of death, for the
murder of Ben Wilson.
Judge Falligant very briefly announced
his decisions, ruling against the motions
for new trial, and ordered the rulings
placed on record.
The counsel for Sullivan and O'Neill,
Judge II. D. d. Twiggs. r. S. Morgan, Jr.,
and f. NJ. Oliver will file a bill of ex
ceptions to the ruling, and take their ap-
peal for new trial to the supreme court.
They base the appeal on the ground that
certain evidence offered by the defense
was not allowed by the court to be pre-
scented to the jury, and also on the ground
of newly discovered evidence in favor of
their clients. The killing for which Sui
livan and O'Neill are under sentence, oc-
Cured Nov. 8, 1896, and the trial resulting
In their conviction was held in January.
Graham's attorneys are Messrs. T. L.
Hill and w. r. Morrison. The time at
which Graham was sentenced to be hung
has passed, and he will have to be resent
enced. unless the appeal for a new trial
is taken to the supreme court, as will
very likely be done Graham killed Ben
Wilson in Yamacraw, near the Savannah
steam laundry. last October.
A rule was issued against McKenna &
Welsh in the superior court yesterday in
the suit of William =. Hunter VS. w. p
Hunter. requiring them to pay over to the
commissioners appointed to divide the
funds involved in the suit. the sum of S.
800 being the purchase price of the stores
now occupied by the firm. They are di-
rected TO pay $500 at noon on May /, $500
at noon on May 3, and the balance by May
II, failing in which the commissioners are
directed 10 proceed against them for the
amount named.
In the case of d. Y. Dancy VS. r. r.
Dancy. in the superior court yesterday
the jury rendered a verdict In favor of
d. Y. Dancy FOR the sum Of S65S3 81 with
interest from May l, 1896 The suit is one
of long standing, being on account OF the
winding up of the copartnership between
II. r. q ID. Y. Dancy, the latter being au-
thorized TO collect oil amounts due the
firm and 10 discharge all liabilities. The
copartncrship was dissolved Aug l5 1898
The firm was engaged in a general cotton
commission and grocery business. The
plaintiff, in his petition TO the court, sta
ted that the losses of the firm amounted
20 SIS 1871. 81. all OF which amount was paid
by him with the exception of 81, ll5.23, paid
by II. r. Dancy. The latter in his reply
set up a different state OF facts. The
jury, however, decided with the plaintiff
Bond was given yesterday in Justice Ma
thans court by n. r. c. Feus on a war
rant for assault and battery sworn out
against him by n. j. Dreyer The pros
ecution was dismissed day before yester-
day by the recorder on the charge OF hav-
ing struck Feus. Dreyer had already re-
ccived considerable punishment at the
hands OF Feus. and the recorder did not
care TO administer any more.
Dreyer had been working for Feus but
had been paid off and discharged There
was ill-feeling on Dreyer's part. however.
and it Is said he went back TO Feus black
smith shop on New street and the row
started Dreyer was arrested by Consta-
BILE c. n. Murphy, and was taken to the
barracks. The case will be tried before
the city court.