The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-10
AN INVENTORY TO BE TAKEN.
THE TUBEnDY RECEIvERSHIP TO
COME UP AGAIN TUESDAY.


Party TO the BiII-One of the MORT
cages Called Into QuestiOn-An
Application for n Fee of $1,000
| Brings on an Argum ent-COnvicted
Burglar Given a New TriaI-Julin
| c. Marscher said to Have Secured
a Verdict for $2.OOO-COm isSiO ns
Arrive for justices of the Peace.
The attention of the superior court was
directed yesterday to the application of
| the Bay State Shoe and Leather Company
for a receiver for the stock and business
of P. Tuberdy, on Broughton street.
| New factors have entered the case, Will
liam Morse & Co. and the Newburyport
Shoe Company, also unsecured creditors,
who filed an amendment to the original
bill through their attorneys, Messrs. Gar
rard, Meldrim & Newman, asking that
| Dan A. Tuberdy be made party plaintiff.
The original bill was filed by Messrs.
| OConnor & O'Byrne, and simply alleged
| an unsecured Indebtedness, This amend
ment however, claims that there was no
indebtedness of $4,SOO on the part Of P.
| Tuberdy to Dan A. Tuberdy, and that the
mortgage given for that amount on the
stock and accounts was fraudulent.
Mr.. Dan. A. Tuberdy appeared by his
attorneys, Messrs. Barrow & Osborne,
| and the mortgage creditors in general
were represented by Messrs. William d.
| Hardee and U. Fl. McLaws. Considerable
testimony was taken with regard to the
value of the stock, one statement being
that it would not bring over 5000, es-
pecially if exposed to a forced sale,
though other witnesses thought it would
bring considerably more. During the pro-
gress of the testimony there was little
passage of words between Judge Harden
and Col. Garrard, which amounted moth
ing, after an explanation of intentions had
been made by Judge Harden.
1t was finally decided that Mr.. Arthur
L. Well should be appointed to take an
inventory of the stock and fixtures in the
store, the principal dispute seeming to be
over the value of the property. 1t is I'M
derstood the compliments viii not push
the proceedings If they are satisfied that
the stock will net out more than the mort
cages. Mr.. Well viii have his inventory
and report ready by Tuesday morning at
which time there will be further hearing
upon the recelvership application.
1t was directed yesterday that all of the
books be turned over to Sheriff John I.
Roman, who is temporary receiver When
Sheriff Roman went 10 take charge of the
property only two ledgers were turned over
to him. 1t seems the other books were
in the possession of MIR. Dan a. Tuberdy
| to whom the accounts had been mort
gagged, but he readily consented to turn
them over to Sheriff Roman.
There was brief hearing before Judge
| Falligant on the petition of Messrs Nicol-
son & Mcclellan for a fee of $1,000 as at
| torneys for the plaintiffs in the case of
! Kate C. LAWN and others against James
P. LAWN, executor, and others.
Objection to the payment of such fee
was made by Mr.. f. r. Richards, the
| present cou sci for the plaintiffs who
said the estate was small and should not
be made to pay such an amount. He call
| ed attention to the fact that Mr.. Edward
! S. Elliott, former counsel for the plain
| tifs, had already been paid $500 for his
services and had made application for $500
additional. If they were both entitled to
! $1,000. and the present attorney also, he
saiG there would be little left of the es-
tate.
The applicants claimed they were en-
titled to the fee named, on the ground
that the former attorney had the same
fee, and that they had saved the estate
about $4,000. Judge Falligant took the
papers and has the application under con-
sideration
Judge Falligant granted a new trial in
the case of Charles Lucas convicted Of
the burglary of the residence of p. +. Dew
berry, along with jeff Davis. and sea
fenced to spend five years in the peni-
tertiary. The application was made
through Lucas attorney, Mr.. w. f. Slater
the chief ground being that he was con-
victed altogether on the testimony of a
party whom the evidence showed was an
accomplish in the crime. There is also
pending a motion for new trial in JEFF
Davis case, flied by his attorney, Mr..
George W. Beckett.
The trial of the case of Julia c. Mar
scher against the City and Suburban Rail-
way Company was completed in the city
court yesterday, and a sealed verdict re-
turned, which will be opened Monday
morning.
The plaintiff sued for $4,000 damages cor
personal injuries sustained Jan. 26, 1898,
by her being thrown from car which
was started suddenly at the switch on
Barnard street, near Liberty. The case
was tried once before. at which time she
was given verdict for $780, but a new
trial was granted. 1t is understood the
sealed verdict rendered yesterday was in
her favor for s., 900. She was represented
by Messrs G. b. Whatley and McAlpin &
LaRoche, and the defendant company by
MesSrS. SauSSy d SauSSy.
The commissions of the following JUS
tees of the peace for the ensuing four
years have been received and are now at
the Office of the ordinary; Justice Van r.
Winkler, n p. and +. o. J. p, Eighth
district whose commission is dated Feb.
"a, 1897 as his present term does not ex-
pire until that time; Justice s. L. Baker
of the Eighth district, Justic w. H. Mel
son of the Sixth district, Justice Samuel
Reynolds of the Fourth district, and Jus
tice NJ. Naughtn of the Third district.
AL of them, but Justice Winkler, who was
appointed by the grand jury, were elected
at hte regular election. The commission
Of the other justices except where there
are contests will probably be here In a
day or two. Those whose commissions
have been received will no doubt call at
the office of the ordinary and be sworn in
this week.
Letters of guardianship on the property
of Jessie Eason and Others were granted
TO Michael M. Eason in the court Of ordl-
nary yesterday.
Temporary letters of administration on
the estate Of Mary " King were granted