The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-08-05
DEFENDANTS WON THE CASE.
Jury Required Few Minutes to De-
eide in FnvOr of EIIis. Young * Co.

jury KequIred n Few Minutes TO De-
eide in Favor of Ellis, Young a Co.
The arguments of counsel in the case
Of John A. Gilchrist against Ellis, Young
& Co were made in the City Court yes
terday. Mr.. S. b. Adams concluding ar
gument came to an end shortly before
6 O'Clock. Judge Norwood charged the
jury and 1t retired. Withn a few min
utes it returned verdict for the de-
PENDANTS
Mr.. Adams made the opening argument
in the case when court convened at 3
o'clock in the morning After this first
speech recess was taken until
noon, during which time the weekly
criminal docket was disposed of. At that
hour Mr.. Walter p. LaRoche began his
speech for the plaintiff and continued for
two hours, when second recess was
taken until the afternoon at 4 o'clock.
Then Mr.. Adams concluded for the de-
PENDANTS.
The ruling of the court by which the
defendants were given the right to open
and conclude the argument, some thing that
is usually a privilege of the plaintiff, was
outlined in the Morning News of yester-
Gay. The ruling was based on the con-
conceded sufficient of the plaintiffs allega-
lions to make out for him prima facie
case and as the burden of proof rested
upon them to overturn this prima facie
case by the preponderance of the evidence,
they were entitled to open and conclude.
This contention was approved by the
court.
The arguments Of counsel on both sides
were ampi1caticns of the positions of
their respective clients. Mr.. LaRoche
contended that the evidence showed that
the money had been entrusted to Ellis,
Young & Co for the purpose of collection
only and had never been loaned or PAID TO
Mcqueen & Co. The latter firm had act
ed merely as the agents OF the planuif
in transmitting the money 70 Savannah.
Mr.. Adams position and contentious were
tWo-foidi first, that the money had been
placed by the defendants to the credit OF
Mcqueen & Co. in pursuance Of an agree
ment between Mcqueen and Gilchrist, and
second, that even if this were not che
case, Gilchrist had been put on notice OF
the fact that the money had been 50 used
and so applied and that as he made then
nor until some months after Mcqueen &
Co. had failed and gone out
of business no demand for the
proceeds Of the drafts, he was stopped
now from doing ii, after the defendants
had closed their accounts with Mcqueen
~ - 'iiN "SlS iot ~ d pNs.boH 70 re
cover the money, if it should be found
that Mcqueen q Co. had made an improp-
Cr Use of it.
Judge Norwood's charge to the jury was
generally regarded as favorable to the de
PENDANTS and in parts practically amount.
ed, under the undisputed evidence TO the
direction of a verdict. Later in the charge
these direct portions were somewhat mod
flied, hui they evidently appealed strong
~ to the jury. They had retired but for {
very few minutes, when they signideC
that they had agreed and produced a yer.
dict for the defendant
There IS scarcely a doubt that the case
viii be Inc subject Of a molten for a new
trial and that it win go Ultimately 10 ths
Supreme Court. The rapid ~ with VIII CT
the jury this tine agreed is, in view of The
fact that its predecessors have both dis
agreed rather remarkable.