The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-18
OBJECTS TO THE PETITION.
-r,rvsE WANTS THE GROUNDS OF
DE- CONTEST STATED.

CONTEST STA AEtJs
,,-.timinnry Argument in the suit OF
.,,.ronce Barclay tombstone
inst c. c. TaIiaferrO, Executor
- Trustee-WiIiian spaIding
I'm Fifteen Years on a Plea of
,-.,,ntory MansIaughter-He KILL
Vases King-POIiceman StrO-
80 Wife sues for $1O,OOO-Li-
.euses Granted to Confederate
soldiers.
,,.. retition of Florence Barclay john
800, through which he is seeking to Sc
~, interest in the estate of Mrs. c.
y r.naferro nee Marie Barclay, came up
-, ,rsIlminary hearing in the Court of
[.,;,arv upon the answer of the defend
- G. Taliaferro, executor and trus-
Zee.
init appeared for the plaintiff, and
,r.ssrs saussy & Saussy and Erwin, du-
T,.,,on & Chisholm for the defense. Ar
-,,,,4nts on the side of the plaintiff were
- Inv Mr.. Wright and Mr.. G. A. Mer-
rr and on the other side by Mr.. j.
y c,rssv and Mr.. F. G. duBignon.
The defendant, through his attorneys,
wakes the claim that the petition sets up
:, cause of action. 1t was claimed that
there was nothing to require a probate of
the will in solemn form, especially since
che nIaintlf had not alleged in his petit
+ior the various grounds on which he pro-
posed 10 attack the will.
The netiton of the plaintiff was that the
setting forth of these various grounds was
rot essential at the present time; that the
rotition merely called on the executors to
nroduce the will to be probated in solemn
4 Form, and all that is necessary is to snow
tbat the plaintiff is an heir and rs inter
4 - in tha estate. When that is shown
II is claimed that the ordinary as mat
Ter of right, should call on the executors
- nrob2fe the will in solemn form. When
The will is so produced, then the plaintiff
4 will file caVeat in which the grounds on
which the will is attacked will be stated.
Decisions and precedents were cited on
both sides, and after hearing the argu-
neut Judge Ferrill reserved his decision.
The principal point, 1t appears Is Wneth-
or the plaintiff should be required to
amend his petition so that it will state the
grounds on which the will will be attack
ed.
William Spalding, who was to have been
H tried in the Superior Court yesterday on
n the charge of numbering Moses King, the
Il night of Dec. "a, decided in the afternoon,
after thinking over the matter, that he
would enter a plea of guilty to the charge
ofvoluntary manslaughter and put himself
on the mercy of the court
The case did not come up in the morning
on account of the failure of the state TO
Il get hold of an important witness. 1t was
then decided to begin the trial at o'clock
in the afternoon. At that hour the impor-
s tant witness was still missing, and the
4 deputy sherifts had been unable to locate
! him.
Spalding made a statement to the court
1 IN which he claimed that the killing was
/ done in self-defense. The row began over
i a woman, and it was charged that King
followed him up on several occasions, and
4 threatened to kill him. On the occasion of
the stabbing, Spaldng said King cursed
him and when they got into a row King
went into his hip pocket for a pistol 1t
was then that he pulled out his knife and
opening it with his teeth. cut him. Spald-
ing escaped, but was captured about two
weeks later
that witnesses examined by the coroner
had stated that no weapon was found on
4 the dead man. Messrs. Gordon Saussy and
C. D. Kline, who represented Spalding,
made plea in the prisoners behalf. Judge
FaHigant sentenced him to spend fifteen
n years in the penitentiary.
In the case of D. j. Buttimer, charged
with forgery of the name of Commission
NJ PM
older, nolle prose qui was entered yes
teFday. The case has been tried once the
result being mistrial. Attached to the
order nole pressing the case, was a let
Ter from Mr.. Willink 10 Solicitor General
Osoorne' in which he stated that he had
learned that the defendant was in another
state leading a proper life, and he had
no desire to appear to be prosecuting him.
lie therefore, requested that whatever
was proper to be done toward a settle
ment of the case, be done. The alleged Of
tense was committed Sept. "A, 1896, the
order in question being one stating that
tAe deiendant had made four days time
Tor the city.
Two indictments against the Southern
Coton Oil Company, charging a INSIDE
meanor in the alleged offense of having
so.q number of sacks of fertilizer known
as cotton seed meal TO NJ G. Wood, Jr.,
A ~SAA' FAJ lIS with tuG SNdlc law ~
having the material inspected, were nolle
4 pressed for want of sufficient evidence.
~ seems that the material was sold
through an agent, and that in fact, the
law was complied with.
Johh Putnam was tried on the charge
assault, with intent to murder, IL being
,HdIsed that he stabbed Joe Farmer June
= ny" The jury returned a verdict of
not guilty.
III me case against John II. Edwards,
,u1ised with larceny after trust, proceed
.H7s Were taken looking to the forfeiture
VI MS pond, for failure TO appear. He is
A u.Nsta 10 have appropriated to his own
4 g. 60 money received from Glrdwood &
N'l' His bondsman is John G. Stephens.
81 lhe City Court Annie E. Strobhar
n.u a spit for $4,000 damages against the
SSa.ahhah, Florida and Western Railway
poiu,pdny for the killing of her husband,
N '', ,cCI benjamin T. Strobhar, Nov.
ana ''g W. Inc killing occurred at Gwinnett
va. nollon Streets. Policeman Strobhar
vas crossing the tracks at the time and
tbr.- struck by train from behind, being
70 9"n under the car wheels and crushed
he a. 1t is alleged in the petition that
MIS- aS mere with the consent and per-
peor,i9 OF the company In that many
dar walk across the same place every
n cbsr,a Gnu negligence and careIessness is
lt'ltsed At the time of his death Po-
falat