The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1897-03-29
LETTERS FROM THE PEOPLE
The Old Mill site at Beaver Dam.


Editor Constitution-In The Constitu-
ton Of March oath 1 observed the story
and inquiry of Mr. Charles ID. ADAMS
concerning the old mill site on Beaver
Dam creek. in Screven county. was IN
terested in the story. though | am unable
to answer as 10 the builder or date OF
operation of the old mill. My interest In
it was perhaps somewhat more special on
account of its reminding me OF a court
suit of some interest many years ago IN
the superior court of Johnson county. IL
was while Ex-Governor Herscnel V. John-
son was the judge of that court-about
1874 or 1875 A case came on 10 be tried.
the alleged cause of action beng a suit
for purchase money of land and mill.
with a plea for damages ~ recoupment on
the ground, as alleged by the u-aendant.
that the mill he had bought Of the piaintin
had not stood as good as 1t was represented
TO be by the plaintiff in the sale, and
that the dam had broken and the old
mill had tumhled in the race md washed
away; that the pond had all run away and
left a large area OF mud and decaying veg
citation. which had made the Defendants
family Sick that doctors bills had there
by accrued and the old mill place was
worthless as well as a nuisance.
Judge Johnson heard the case submitting
the evidence to the jury, then the lawyers
came to the jury with their arguments.
Hon. Joe Polhill, of Louisville, IS rep
resenting the plaintiff suing on the pur-
chase money notes. Colonel ". II. WHY
was representing the defend ant in LIS
plea of recoupment claiming Gamaf IS.
Both We're astute lawyers ana interesting
debaters before any jury. In that case
both Were on their professional me,ue.
and went to the jury in e1rnes-n ness of
argument. well intersperscd with IL cir
Keen, cutting wit. Colonel Poilill ad the
conclusion. and well he lsed il IN the
al n.
defendant side. and in reply to the spe-
cious argument ana wittcisms of Colonel
Wyily. With many other things. he said
that the defendants side Of he case was
funny in more points than one. Joe Polhin
had good way of always keeping the seri-
GUS SIDE Of ease for his own client. In
this case, of course, he thought the de-
PENDANTS side. by his plea and evidence.
was ridiculous lie said that the defend
ant, 10y his aStute lawyer was not only
trying to recover for a doctors bill. along
with his lawyers fee, but he was trying
to cover the ease All over with the mud
of an old mill pond. and AZ the same
time trying to abate nuisance. while Try
ing to defend his family from malaria
by trying to recoup damages against pur-
chase money notes for large plantation.
by showing that ne had thcre am old dam
by a mill site. but no min there 10y dam
site damn sighO.
finish. This concluding argument of Pol
hill got the judge, jury. lawyers and all
the people in court into roar of laughter,
ana afterwards it was almost as much
as the stern old judge could do 20 keep
serious while he was charging the law to
the jury. Polhil obtained for his client
a verdict, which, of course. was the serious
and solemn conclusion of that trial. bat
IL came after many facetious points Of
testimony and discussion Tor a long time
the case was ,he joke eff the bar. Judge
Johnson ana Colonel WyMy have heen
called from this life. Peace 10 their ashes.
1 believe joe poiniH is stin i'm thc land OF
the living. and yet able % argue 10 lively
way 10 jury on the loEic of facts. Good
luck and long life 20 him. This story
comes 20 me this way, ana thou-h it has
no connection with the old mill site written
of los Mr.. Adams. yet / am reminded ana
this may serve to mind others or the case
In court. ara ass Il story of tine bench and
bar Of Georgia in the times or that CID
patriot ana statesman-Hon Herschel v.
Johnson. ROBERT H. RODGERS.
March q. 1897.