The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-04-23
FIGHTING FOR SMALL's LIFE.
AN APPEAL TO THE SUPREME
COURT FOR A NEW INQUEST.


Grounds of the New Appeal.
Eleven Indictments Returned by
the Grand Jury-A Case In which
Business Men Are Interested.
< bill of exceptions to the decision of
Judge Falligant refusing to grant the mo-
ton of Abe Smalrs attorneys, Messrs.
West and Ravenel, for the elimination of
Policeman Neve's body. and to order a
new inquest, was filed in the superior
court yesterday and certified to by Judge
Failigant for the purpose of carrying the
appeal to the supreme court.
The bill Of exceptions is based upon the
grounds that the petition should have
been granted and that the
first inquest should have been
quashed, and the order of me-
Illus inquirendum should have been grant
ed by the court to the coroner of the in
quest to be held by the coroner super
visum corporis, and that the judgment of
the court refusing the same was an err
ror."
Smalrs attorneys also have motion for
a new trial for their client pending in the
superior court, which is awaiting a hear
ing by Judge Falligant. 1t seems that
Small is not to be hung until his attorneys
have exhausted every legal resource in his
behalf.
The grand jury of the superior court
found eleven indictments yesterday, five
for assault with intent to murder, two for
| burglary, one for forgery two for lar
ceny, and one for keeping a gambling
room.
Dennis F. Kiley misdemeanor. keeping
and maintaining a gaming room.
William Coakley, forgery and obtaining
| money on false writings. The accused
altered a pawn ticket and then sold it
| for 80 cents.
Sandy Grant, burglary, breaking into the
| store Of D. p. Myerson
Signora Harris, assault with intent to
| murder upon Clara Murchison.
John Brown, larceny after trust of 81
from F. A. Walling.
William Pollard, assault with intent to
murder, by stabbing James H. Wilson.
Dan Wilson, assault with intent to MUIR
der on Joe Sheldon.
| Caesar Hopius, assault with intent to
| murder on A. r. Rice.
Eli Veruki, assault with intent to muir
| der on Nick Concubellas.
Oscar Dixon, larceny from the house.
Gus Murrell, burglary.
The time of the superior court was oc-
cupied yesterday in hearing the case Of
| A. Ehrlich & Bro. against A. Both and
| Fred ]. Morgan, claimant. The suit is
| for an account of $195.S7, for which an at
| tachment was secured by Ehrlich & Bro.
| and levied upon the stock in Boths store,
at River and West Broad streets. The
| levy was contested on the ground that the
| property no longer belonged to Both, but
! had been purchased by Fred J. Morgan.
| Bond for the necessary amount was given
and the case taken to the superior court
| for decision.
Morgan by M. Ferst's Sons, w. D. Sim
kns, A. B. Hull & Co., Savannah Gro
Gerry Company and Henry Solomons. The
| plaintiffs charge that the transfer of the
property from Both to Morgan was frau
| dulent and done for the purpose of avoid
| ing the payment of their claims
The second paragraph of the PLAINTIFF s
| petition charges that Both conveyed his
property, liable for the payment of his
| debts for the purpose of avoiding the pay
| ment of the same, in this, that on or about
| March II, 1896, he executed a so-called bill
! of sale to all of his goods wares and mer-
chandise, and other property, located in
his place of business, at the southeast
| corner of River and West Broad streets
| for the sum of Sl209, or some such sum-
| alleged to have been paid by Morgan. The
petition further alleges that the transfer
/ was not bona fide, for valuable considera-
| ton, but was a pretended sale, made by
| Both with intention to delay or defraud
| his creditors and such intention was
| known to Morgan, he having notice or
| grounds for reasonable suspicion of the
| intention of the said Both to delay or de-
| fraud his creditors, in making such dis
| position of his property.
| The result of all six of the snits do
| Ponds upon the result of the suit of Ehrlich
| & Bro, and hence there is considerable
| interest taken in the case. The merchants
are represented by Garrard, Meldrim &
Newman and Fl. e. Wilson, Esq. and the
| defendants by r. r. Richards, ESQ, and
| Saussy & Saussy. Considerable time was
| consumed by the attorneys during the
morning in the argument of legal points
| after which a jury was secured and the
| hearing of evidence begun. Mr.. Morgan
was the only witness in his own behalf
| and testified to the correctness of the
| transaction. The witnesses for the plain
| tiff was j. F. Fisher, A. Ehrlich Joseph
| Ferst, c. II. Supple and A. p. Solomon. The
case was continued until this morning
when the hearing of evidence will be re-
sumed
Mr.. Edward J. whelan was appointed a
commercial notary public by Judge Fal-
| ligant yesterday and MIR. e. w. White
hurst reappointed to the same position.
The following business was transacted
| in the court of ordinary: The appratse-
ment of the estate of Augusta d. Kaiser
was filed. the property being valued at
| S1,9611S The appraiser appointed to make
| an appraisement of the estate of James
Porter filed their report, valuing the es-
/ tate at $500.
Upon affidavit of Lola Taylor, Mary
| Taylor, colored. was committed to jail to
await an investigation as to her alleged
| lunacy.
Mary Black colored who was arrested
on April 16. ON a charge of lunacy, was
released and turned over to her mother
to take away for treatment.
! George w Owens, administrator estate
of Ella Erwin, filed petition for a years
support for the said Ella out of the prop
erty of her late husband, Morris Erwin.
| order was granted appointing appraisers.
| n1,o copvt o1fpurnnd for tha 49,. -