The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-28
TRIAL WAS A LIVELY ONE.
GILBERT AND FERsT DAMAGE SUIT
INTERESTING TO SPECTATORS,

dered After Four Hours DeIiber-
alton in the Jury RoOm-Suit Was
for $4,000 Damages, Claimed by
Gilbert for the Alleged Wrongful
Acts of the Defendants in Fore
closing a Mortgage He Had Given
Them.
The trial of the damage suit of w. F.
Gilbert against NJ. Ferst's Sons & Co.
went blithely on in the City Court all of
Yesterday. In the late afternoon the
charge of Judge Norwood was concluded
and the case went to the jury At 9
o'clock the jury returned sealed verdict.
The trial of the case was. enlivened by
frequent good-natured differences be-
tween Judge Twiggs and Col. Meldrim,
counsel for the plaintiff and the defend
ants The plaintiff made some rather Sc
rious charges in his petition, alleging
virtually that the mortgage he had given
the defendants had been obtained by
fraud, placed on record in violation of a
well understood agreement and enforced
by foreclosure after a promise that this
would not be done. These charges and
the injury claimed to have resulted from
the commission of these wrongful acts
formed the basis of the action in which
the plaintiff has sought to recover $4,000.
In his concluding argument to the jury
Judge Twiggs did not hesitate to reiter-
ate the charges of artifce and fraud that
had been made in the original petition
He used language that was vehement and
strong to say the least of it, and deliver
phasis of which the Judge is capable, 1t j
was not pleasant for the defendants and
their counsel. At any rate Col. Medrim
waxed occasionally trihe FESTIVE, and
at times arose to correct some quotation
from the evidence that he thought Judge
Twiggs had not made correctly.
In his argument to the jury Col. Mel
drim had said that it was past belief that
business men could have agreed to the
contract that the plaintiff alleged had
been made, that the mortgage given by
Gilbert should not be placed on record
and not enforced. What good would it
have done the defendants" queried Col.
Meldrim, '1f these absurd conditions had
been complied with?"
Judge Twigg's answer to this was that
had they been made in good faith. "They
never intended to comply with them"
numbered the Judge. when they OBJ
tanned the mortgage from this boy, they
Intended to place 1t on record, and they
Intended to foreclose it. The promise
not to do either was but a shrewd arti
fee, necessary to the accomplishment
OF their evil purpose. And I'll tell you
why they used it," said Judge Twiggs, in
q burst of confidence, to the jury. Sup
pose Gilbert had refused 90 execute the
mortgage, what could they have done?
Nothing but bring suit for the account he
owed them, and in the natural course of
litigation they could not have obtained
Judgment in less than three, four, five or
SIX months. In the meantime his credit
would have gone on and he could have
continued to conduct his business. Smith,
the agent of the defendants, promised
Gilbert that the mortgage would not be
recorded or enforced, because without
such promise Gilbert would not have
executed the paper. Without such a
promise from the defendants agents, it
would have been a thoroughly asinine
performance on the part Of Gilbert"
Judge Twiggs then began to comment
upon an estimate of the financial standing
OF Gilbert al the time of the foreclosure,
that Col. Meldrim had made and used in
his address to the jury. With this esti-
mate Judge Twiggs could not gree.
How In the name of God" exclaimed
Judge Twiggs. my friend Medrim man.
aged TO work that out, he only knows. Not
God, l mean, but Meldrim. Nobody elsa
can grasp 1t. l used 10 know an old fell
low in Augusta, who made use of some
characteristic expressions to describe per-
sons he met When that PERSONS imagi-
nation scared in the realm of mathemat-
ics the old fellow would describe him as
"a Dubious figerator on an atmospheric
base Now, my friend Meldrim is a
dubious fgerator of this description"
And my friend, Judge Twiggs," retort-
ed Col Meldrim, Seems determined to fur
nish the atmospheric base"
please don't interrupt me-" pleaded
Judge Twiggs to the opposing counsel.
''You know 1 didn't interrupt you when
you We're speaking"
Why" said Col Meldrim, you looked
at me, Judge, when you spoke just now,
and l thought you were speaking to me-"
There were one or two other interrupt
tons from counsel and Judge TWiggs said
he felt constrained to ask the court for
protection The counsel insisted on inter-
Fuptiug his argument, he complained. Col.
Meldrim explained that the Interruptions
had been caused by his inability to agree
with counsel as to the correctness of his
memory as to some parts of the evidence,
but at any rate promised to desst.
Then please keep STILL" said Judge
Twiggs, lowering over the opposing coun-
sci and using his most persuasive and
winning voice. please try to be still.
Won't you now" Counsel agreed. smil-
ingly, that he would, and Judge Twiggs
resumed his argument.
1t was generally conceded that the
charge of Judge Norwood to the jury dis
posed rather .effectually. of some of the
contentious of the plaintiff. The jury was
out four hours and at the end of that
period, in accordance with an agreement
entered into between the court and coun-
sell returned a sealed verdict. 1t will be
opened and read this morning.