The Savannah morning news., 1900-06-30
BOTH WANTED THE BRASS.
SCHROEDER AND RAILWAY judi
CIALLY CLASH FOR ITS CUSTODY.

The Man who Has Been Convicted
of the Theft of the Brass or Part
of 1t From the Company Sues Out
"a Possessory warrant for Its Re
covery From the Superintendent
of PoIice-The Railway Follows
with an Action of Bail in TrOver
Against Mai. Screven-SchrOeder
Lands FIrst-PrOperty Now Held
Subject TO His Levy-IuterestinG
Complications Have Ensued.
The brasses and other articles which
William Schroeder was charged with hav-
ing stolen from the Savannah, Florida and
Western Railway. part of which he has
been convicted of having stolen, were the
object of conflicting legal proceedings yes
terday.
If Schroeder is actually guilty of the
theft of the brasses from the railway COM
pany he has certainly absorbed some of
the qualities of the metal. After being
convicted of stealing them, or some part
of them, he made a successful attempt
yesterday 10 get them back into his con-
troll. and they are now held at the police
station house subject to the order of the
cons table who levied on them, under a
possessory warrant that Schroeder swore
out.
The railway company was also In the
race for the possession of the brasses, but
on account of the more cumbersome legal
process that 1t was obliged to make use
Of to enforce its claim, it lost by a neck.
Negotiations were in progress between
Mr.. +. w. Storer, storekeeper of the COM
pany, and r. L. Colding, who represents
Schroeder. Mr.. Colding told Mr.. Storer
that he void consent TO the road resuming
possession of any of the tools and brasses
that could be identified as the roads prop
erty, by marks or other means. Mr..
Storer, on the other hand, was confident
that all of the brass that the police held
had either been stolen by Schroeder or
his agents from the company, and he was
not willing that the convicted thief should
have any of il. So that no understanding
could be reached.
In the afternoon Messrs, Coldng and
Storer had an engagement to meet at the
office of the superintendent of police, when
the matter was to be further discussed.
Mr.. Colding was at the superintendent S
office on time and proceeded to wait. he
waited a good long while and then oegan
to get a bit anxious. Finally, he says,
he became convinced that some plan was
being arranged by which the railroad
would get legal possession of the property
and his client nothing. He located Mr..
Storer at the office of Messrs
Chisholm & Clay, general coun-
sci for the company. rapidly concluded
that if his client was to have a finger
in the pie, he would have to hurry, and
lit out for the office of Magistrate Naught-
in. There he secured a possessory war
rant for the property, returned with the
constable to the station house, and had 1t
served upon the superintendent. Mr..
Rober Hayms, clerk to the superintend-
ent, became custodian of the brasses and
tools after they had been levied upon by
the officer.
In the meantime Mr.. Storer and Mr..
Shelby Myrick of counsel for the railway,
had not been inactive. AS the supern-
tendent of police, and his subordinates had
not obtained the property from the COM
pany, but from Schroeder. IL was not legal
ly possible for the company to secure a
possessory warrant for its recovery. The
best that it could do was TO swear out
an action of bail in trover, which, on &c
count of the value of the tools and brasses,
had to be filed in the City Court.
Mr.. Storer made the necessary affidavit
Of the company's ownership, the action
of trover was instituted against Super
intendant Screven in the City Court and
Sheriff Whelan went himself to the sta
ton house to serve the papers and secure
either the property or a bond for its forth
coming at the next term of the court.
The sheriff was too late, for the constable
from Magistrate Naughtin's court had al
ready levied on the property, by virtue
of the possessory warrant sworn out by
Schroeder.
Thus the matter stands at present. So
licitor General Osborne has washed his
hands of The whole business by giving Mr..
Colding a note to Superintendent Screven,
stating that the brasses and tools are no
longer needed as evidence, and that they
may be returned to their owner. Who the
owner is the solicitor general, of course,
does not undertake to decide.
The controversy is somewhat further
complicated by the alleged fact that a
considerable proportion of the brasses has
disappeared since they have been in the
custody of the police. Whether this state
ment is true is not definitely known, but
it is freely charged on the Streets has
been the subject of discussion in the
courthouse, and has never met with a very
vigorous denial
Some sort of hearing in the controversy
between Schroeder and the company will
probably take place to-day. The case is
queer one, containing as 1t does inter-
esting elements of fact and involving
equally interesting questions of law.
~-@-s
BRYAN AND JENNINGS,