The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-12-17
BRUSH COMPANY WON SUIT.
JURY SAYS THE STOCK BELONGS TO
THE COMPANY.

Dir. Avery Did Not Go Upon the stand
judge Noryrood's Charge to the
,yury-CriminaI Day in the ciiy
Court-Mr. j. II. IL. Osborne APP
uointcd Permanent Receiver f0-
the Wilmington Island I'M
movement Company.
The suit for the possession Of fifty shares
OF the old Brush Electric Light and Power
company stock was decided in the Ciw
Cont Yesterday in favor Of the Brush
company. 1t required the jury only about
ZEN minutes to make up its mind in the
matter. though the case had been under
discussion by learned attorneys for over
Two days.
Judge Norwood delivered an exhaustive
charge to the jury, reviewing the evidence
and explaining the law in the case The
two points which the judge stressed most
particularly in his charge were, first, that
the Jury must determine whether or not
this stock had been given TO Z. NJ. Avery
as a commission or reward for services
rendered or whether it had been given him
Tor other purposes and had been wrong
fully retained by him, and, second, whether
the present claimant, George 7. Hancheu'
was an innocent purchaser or whether ne
was in COLLISION with another party IN an
effort to fraudulenuy establish owner
shin of the stock Judge Norwood charg-
"a that if the Jury believed Mr.. Hanchett
vas an innocent purchaser, although they
might believe the stock to have been
fraudulently obtained in the first place
they should award him the ownership OF
the stock.
The practical effect of the jurys YER
dict is 10 declare that Mr. Avery was IN
fraudulent possession of the stock ana
that Mr. Hanchett was in COLLISION WIN
him IN the effort 90 establish legal owner
ship and secure the payment OF accumu-
lated interest The fact that Mr.. Avery
did not go upon the stand, nOtwithstand-
ing the charges made against him as TO
the manner in which he obtained possess
sion Of the stock, doubtless had its weight
with the jury.
It is understood that his reason for not
doing so was that there were matters af-
fecting other parties to the transactions
alleged by him to have taken place, which
he did not care to divulge and which
might have placed him in contempt of
upon the stand. The case win be taken
TO the Supreme Court.
AN order was granted by Judge Falligant
In the Superior Court yesterday, placing
the property of the Wilmington Island I'M
provement Company in the hands Of j. ii.
II. Osborne as permanent receiver The
intention is to wind up the company's af-
fairs The petition states that the capital
stock of the company is 10000 shares Of
500 each, all fully paid up. Its liabli-
ties amount to very nearly the same fig
ure, there being $s,S61.52 in notes ana
taxes, $50l.21 on open account on money
advanced and $6043 on other accounts.
The petitioners for the receivership are
r. j. Kennedy, John Schwarz John l..
Tietjen Adam Kessel, ". o. Tilton and
George Dieter. The petitioners state that
the company is insolvent and that If its
assets be put up for sale under present
conditions they would not realize sur
f1clent sum to pay off the indebtedness II
carefully handled and with the assets un-
der the control of the court they believe
the affairs of the company can be wound
up without loss 10 the petitioners who are
indorsers upon certain notes of the COM
pauy.
The grand jury of the Superior Court
met yesterday afternoon. and appointed
the various committees for the investiga-
ton Of county affairs
Yesterday was the regular criminal day
of the City Court and an even dozen OF
prisoners charged with misdemeanor Of
lenses confronted Judge Norwood. OF
these the majority had the luck either to
be acquitted or TO have their cases dis
missed by the court The unfortunates
were George r. Young, $50 or twelve
months for picking a pocket; Ella Ware,
$40 for six months for shophfting; John
Hamilton so or six months for carrying a
: concealed weapon, and Joe Mayer, $40 or
six months for swindllng James Mcclure
out of S1.75
HOLIDAY TR ADE Is GOOD.