The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-01-13
CARRIERS TESTIMONY
HETEROGENEOUS MAY BE PRO-
POUNDED TO HIM.
UNLESS CASE is CONTINUED
SUIT OF CONNALLY AGAINST CAR
TER SET FOR TRIAL.

Dny-JudRe Speer Assigned Cases
and Returned to Macon order
FORGETTING Bonds of Greene and
GAynor Taken But Executions
VIII Not be Issued Against Proper
~ Mt Once-Many Cases Assigned
for Trial During March Term.
The case of Michael A. Connally
against Oberlin NJ. Carter and others
was set yesterday morning in the
United States Court for trial at the
March term. The next step in the
case is the taking of dispositions from
the defendant in prison at Fort Leav-
enworth Mr.. Charlton, in contending
against the assignment of the case for
the trial at the next term, urged the
difficulty of taking dispositions as a
reason for passing the case.
Mr. Mercer, for the plaintiff, insist
ed on the assignment, and the court
respected his request. The case has
been set for a hearing on March 49,
and unless it is continued in the
meantime, the dispositions will have to
be taken. 1t is the desire of the
district attorney, Marion Erwin, that
the case be not heard until the final
settlement of the case of the govern
ment against Carter, and there is
likelihood that the case will be con-
tinued at the next term.
The district attorney insists that the
very property which Mr.. Connally Is
attempting to get belongs by right to
the government. AT his solicitation
the case has in the past been con-
tinued To guard against any contin-
gencies the testimony of the ex-captain
of engineers may have to be taken.
All Cases VIII he Tried.
When the court convened cases were
assigned for trial for the March term,
beginning March IL, and continuing un-
til the 18TH The assignment of cases
was made at this early date by Judge
Speer for a double purpose; that the
attorneys might prepare themselves for
the trial. and that there might be no
conflicting assignments with the city
and Superior Courts. All cases which
were set will be tried.
The court transacted all of the busi-
ness before it, and Judge Speer re-
turned at night to Macon, the session
lasting but one day. Besides the dis
position of several bankruptcy matters
and the assignment of cases, there was
little business before the court.
A formal order estreating the bonds
of Benz. d. Greene and John f. Gay
nor was taken. The order was some
what in the form of a rule absolute,
predicated ON the order forfeiting the
bonds which was passed by the court
on March IT, last. No cause having
been shown why the order OF that date
should not be made final, the judgment
OF the court was yesterday passed.
The court ordered that executions be
issued against Benz. D. Greene as
principal on the bond of $4,000. and
James ID. Leary. his surety, and like
wise against John F. Gaynor. and his
surety, William b. Kirk; the execu
lions to be directed to the marshal
OF the United States for the Southern
District of Georgia, the marshal of the
United States for the Northern District
of New York and to the marshals of
the United States.
Merely "a RumOr.
AIr. Alderman, United States district
attorney, said yesterday that it is I'M
likely that the executions will be is
sued at once. He said that the state
nent that the principals on the bonds
had protected their sureties against
loss by depositing with them the
amount of the forfeiture was merely a
rumor He had received no official in
formation that such is the case.
A Syracuse, N. Y, dispatch last
night said: william B. Kirk said to-
night that he knew nothing of any
plan to pay the 600 into the regis
try of the United States Court. He
said such a statement was a surprise
to Him
There was but one case argued be-
fore the court, that being a review of
the Judgment of Referee A. j. Crovatt
in the G.. NJ. Elliston bankruptcy case.
The question of law involved was
whether the referee had the right to
order the sale of property of the bank
rupt in which he was in possession,
but in which he had but an equity OF
redemption. Judge Speer upheld the
action of the referee in ordering the
sale. Mr. c. l.. Smith of Valdosta rep
resented the bankrupt and Mr.. d. w.
Krauss of Brunswick looked after the
interests of the referee.
BY agreement of counsel and consent
of the court the order heretofore
granted providing for the taking OF
testimony in the CASTOR street paving
case before Commissioner John M
Thomas was revoked and it was or
dered that the testimony be heard by
Judge Speer at the next term of court
The March Term.
AS will be seen from the assignments,
the next term of the court will occupy
three weeks, being an unusually long
term. United States District Attorney
Alderman was instructed by the court
to prepare his criminal business for
the March term, so that there is a
probability that the court may even
last a month. Besides the cases now
ready for trial, there will be many bills
returned by the grand jury, so that in
addition to the large number of cases
assigned, many of which are very i'm
portant, there will be much criminal
business to occupy the attention of the
court.
The common law, equity, admiralty
and bankruptcy dockets were called
and eases assigned both in the District
and Circuit Courts. The assignments
in each of these branches follow:
Common Law.-March II: Harriet
A. Stone VS.. Mutual Reserve Fund As
sociation-W. w. Osborne and Saussy
& Saussy for plaintiff; Garrard &
Meldrim for defendant.
Equity.-March II: J. w. Mcintyre
VS.. Central r. r. and Banking Cow
II. Leaken for plaintiff; Lawton anc
Cunningham for defendant. Rubber
Tire Co. VS.. John F. Ward, ct. al
Staley and Bowman for plaintiff
Craig and Toulmin for defendant
Thos. L. Nisbet VS.. ]. A. Horkan ant
Hammond. Augusta Vera Cruz VS.
Pablo Gonzales, ct. al. Charles Heb
ard VS.. G. II. Jacobs. Speer and John.
son VS.. Rec'rs Waycross Opera House
AIRS Mills We Naxy South r onf