The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-07
THE U. S. COURT IN SESSION.
MANY CRIMINAL CASES BEFORE
THE GRAND JURY.


Against the Electric Railway
COmpany--The Docket Called and
Many Cases Assigned for Trial.
The United States circuit and district
courts opened for the term yesterday
morning and will continue in session I'M
til Feb. !.
The grand jury was sworn In at the
opening of the court, and the charge of
Judge Emory Speer followed. Judge Spear
told the grand jurors that he had no form
al instructions to give them, this not be-
ing required in the United States court.
He spoke especially Of the laws with re-
ference to coinage, and the postoffice.
Speaking Of the fact that there was no
necessity for the grand jury to consider
small and trivial cases, he said:
Indeed, gentlemen, such has been the
conduct of your predecessors in the inn
portant function which you are now ex-
ercisng that we have very little serious
crime against the laws of the United
States. You will doubtless have a large
number of cases to inquire into. The dis
trict attorney tells me that there are be-
tween 100 and 1875 persons bound over upon
whose guilt or innocence you must at the
outset pass. / dare say you will find a
number of these cases altogether trivial
and unworthy of prosecution by the
United States. 1t is not the part of the
great and generous policy of our govern
ment to prosecute trivialities
TT is not every poor fellow who at
tempts to make little 'moonshine liquor
as it is called. on a secluded branch in
the piney woods who succeeds in carry
ing on the business of Illicit distilling.
Nor would 1t be true if fishermans boat
should collide with the training wall of
the Savannah river and knock off a few
rocks or logs that he necessarily intends
to destroy the river and harbor improve
ments provided by the government. You
must look at the intention of the man In
each case and determine in each case
whether or not there has been a sub
stantial violation of the law"
grand juror, he said, is a guardian of
the people of the state and of the whole
community. He spoke of the Georgia of
the past and the glorious commonwealth
it is to-day. The women and children of
Georgia, he said, needed protection, and it
could be given as 1t should only by an en-
IOfCGmenL Oh the laws. IN COICiuulilS ne
said: Undoubtedly feel sure that every
man who has instincts of patriotism in his
heart will appreciate the earnestness with
which / appeal to you to preserve the
high standard of grand jury rectitude and
faithfulness which has been heretofore es-
tablished by the grand juries who have
preceded you. / trust that you Will now
enter upon facile, prosperous and bene-
fetal performance of duty"
The grand jury was sworn in as follows:
James r. Sheldon, foreman, Chatham
county; Abram Foreman, Brooks; Clifford
Anderson, Chatham; Richard f. Harmon,
| Chatham; Thomas Daniels, Chatham;
James D. Zorn, Liberty; Major Cannon,
| colored Chatham: Jesse M. Brown, Bry-
! an: Joshua c. Bryan Chatham; Charles
| A. Gradot, Chatham: e. S. Abrahams,
Chatham; MILFORD G. Morgan, Bryan;
| William NJ. Exley, Chatham; Lester Hub
| bell, Chatham; Charles A. Cox, Chatham
| NJ L. Exley, Chatham; Henry Hyers,
! Pierce A. F. Berry Thomas; John T.
| Chastain, Thomas; George w. Drummond,
| Chatham; j. J. Luke Irwin, and w. M
| Rogers Tattnall.
The traverse jurors for the district and
! circuit courts were also made up and en-
panelled. The grand jury retired to con-
slider a number of cases which the dis
trict attorney, Mai. w. T. Gary brought
before 1t.
The Cuyler and WOODBURY. railroad again
| occupied the attention of the court. This
| little road was ordered sold some time ago
in favor of the Admission (Aa.) National
! Bank which holds considerable of its
| bonds, on which a default was made The
! attorneys for the road carried the case
| to the circuit court of appeals at New Or
| leans, where it was dismissed from the
| docket at the cost of the defendants be-
| cause of some error on the part OF the
| attorneys who carried 1t there, Judge
| n
| ment of the court of appeals the judgment
! of the circuit court. A motion for the sale
of the property for the benefit of its cred
itors has been made by the attorneys rep
resenting them, and it will come up for a
hearing Monday, Jan. II. The road runs
from Cuyler in Bryan county, on the
Georgia and Alabama railroad. TO Wood
burn in Bulloch There is a possibility
that 1t will in time form part of the
Atlantic Short Line railroad, which is TO
be extended from its present eastern ter
minus to a connection either with the
Georgia and Alabama or the Central OF
Georgia.
The selection by the Oglethorpe Savings
and Trust Company of the National Bank
of Savannah as the depository for the
funds received upon the sale of the prop
erty of the Electric Railway Company by
Master Commissioner J. ID. Harrell has
approved by the court, the costs of the
clerk upon the amount of money 10 be
deposited having been agreed upon be-
tween the solicitors and the clerk The
funds are to be paid out only upon checks
signed by Master Commissioner Harrell,
which in each case must be issued pur-
suant to order of court.
MIR. p. J. O'Connor. as the executor of
the will of William O'Connor, filed an in
PREVENTION in the Electric railway ltiga-
/ ton. in which ne claims the receivers are
due the estate of William O'Connor $3.50,
by reason of the fact that he secured a
verdict in the city court for that amount
for damages for personal injuries, which
verdict was sustained by the supreme
court. The Intervention was ordered filed.
IL holds that this judgment Is a prior lien
even to the bonded Indebtedness under
which the property was sold.
T.. p. Burnett and G. K. Leitner, inter-
venors in the Atlantic Short Line rail-
road litigation through their attorneys,
filed exceptions to the masters reports TN
their cases which were against them.
orders were taken dismissing the scire
| md