davidaulloa/AmericanStories huggingface dataset:
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
MISTAKE OF JURYMAN
CAUSE OF A MISTRIAL.
"Terry" Mistaken for "McCarthy''
and Wrong Man Entered Jury Box.

"Terry'' Mistaken for "McCartIIy',
and Wrong Man Entered Jury Box.
In the case of S. H. Oliver VS.. the
Central of Georgia Railway, suit for
damages for the death of a mule, a
mistrial was declared yesterday at
noon after all of the evidence was in.
it being discovered that one of the
jurors in the box was not the one
called to hear the case.
On adjourning for recess it was dis
covered that Mr.. E. C. Mccarthy, who
had been stricken, was one of the
twelve. men sitting in the box, and
that E. p. Terry, who was regularly
drawn, was absent
Mr.. Mccarthy stated that when the
name of Terry was called he thought
it was his, as did Mr.. Terry, and he
went into the box. The mistake was
not discovered until the noon recess
when Clerk Russell saw Mr.. McCar-
thy seated in the box with the rest of
the jurors. The attention of counsel
was called to the mistake and a mis-
trial was declared by Judge Norwood.
This is the second mistrial that has
occurred in this case. the jury having
failed to agree in the former trial,
which took place on Feb. 10 last. The
amount involved in $3.50, and the case
has already cost the county nearly
that much.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
DESTROYING A WILL
QUESTION OF MRS. BARRETT's IN
TENTION ARGUED.
TWIGGS AND THE WITNESSES
LIVELY TALK of ATTORNEY FOR
CAVEATORS.

Family Discussions, Introduced in
to show Motive for Action on the
Part of the Testntrix-F. X. Court
enay Alluded to by CnveatOrs'
Counsel as "A Little Watch Dog"
Case VIII Undoubtedly Go to SUI
periOr Court for Final Settlement.
Argument was begun in the caveat
proceedings in the Barrett will case
before Judge McAlpin yesterday after
noon. NJ. A. O'Bryne, Esq, of
O'Connor, O'Bryne & Hartridge open
ing for the defense. His argument was
mainly on the points of law touching
on what would be construed as a COM
bination of intent and act in the
destruction of will, it being maintain
ed that Mrs. Barrett believed she was
destroying her will when she burned
a piece of paper, which It was alleged,
was handed to her by Mr.. Courtenay.
Will in Evidence.
In fact, a will was produced as evil
dence that there had been no real
destruction of the instrument convey
ing all of the property of the deceased
to Mr.. and Mrs. Courtenay. Mr..
O'Byrne took the position that the
law would not support the position of
revocation, even if Mrs. Barrett burn
ed piece of paper, with a remark to
the effect that she was destroying her
VIII. According to the statute there
must be a combination of intent with
the act itself.
Judge Twiggs, for the caveators
spoke for nearly two hours and was
unusually severe in his arraignment
of some of the witnesses on the side
of the defendants. In abiding to
Maurice Buttimer, he said, that he
was a 'mandacious witness, who for
volubility and swiftness was unsur-
passed" He added that he made the
statement without fear of proof to the
contrary. Mr.. Buttimers testimony was
in reference to certain letters which
he had written for Mrs. Barrett to her
son Tom, who is one of the caveators.
Talked to the witnesses.
He referred to Francis X. Courtenay
as "a little watch dog" who went
with Mrs. Barrett to the attorneys
office, and made her make her will. He
analysed the evidence with such de-
auctions as were sustained by law.
At the close of Judge Twiggs' ar
gument, Judge McAlpin adjourned the
hearing until this morning when the
case will be concluded. The
argument to-day will be on the side of
the defendants, and it is expected that
the remarks of counsel will be of due
intensity with certain evidence that
has been brought out.
The case, whether decided in favor of
plaintiffs or defendants in caveat pro-
ceedings, will beyond a doubt. be TAX
en- to the Superior Court for final set
Element.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
DREDGE CUMBERLAND
A VERITABLE "HOODOO."
Head of the Newly Installed Pump
Cracked During Test.


Another accident has happened to
the sea-going dredge Cumberland,
which was to have begun work on Ty-
bee knoll this morning. The new
pump had been installed and was be-
ing tested. 1t worked perfectly until
an attempt to stop it was made, and
then the head of the pump cracked.
The other pump is practically worn
out, so that the boat is very badly
crippled.
Just what caused the accident this
time is not known, there being moth
ing but water sucked up by the pump.
Col. James b. Quinn stated that he
would send the boat to work. hoping
that the cracked head would not Sc
riolsly interfere with her working
ability.
With the one pump the Cumberland
removed 1900 cubic feet of sand per
day at Fernandina. and with both
pumps in working order fully 5000
cubic feet could be taken from Tybee
knoll daily. Col. Quinn is DESTROYS of
getting the channel at Tybee to 2S-foot
depth. 1t will not fill up again until
the dredge, now being built for Sa-
vannah harbor, can be completed and
arrive here ready for work. The Cum
berland will then be sent elsewhere.
Already there has come a request from
New Orleans for the use of the dredge
for several months.
Ever since she has been launched the
big dredge, one of the largest and
most powerful in the service, and of
which much was expected. has proven
a Veritabe "hoodoo." One accident
after another has followed it. and the
expense of keeping the boat in renair
has been very great. AS a white ele-
plant" for the Savannah United States
Engineers Office, the boat has not had
an equal. and the cost of constant re-
pairing has eaten considerably into the
appropriation in the hands of Col.
Quinn. A new head for the broken
pump was ordered yesterday.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
MUSIC MAKER
MADE TROUBLE.
Magistrate Settled Difference Aris-
ing from Battle.

Through their love of music, w.
j. McNish and 0. Highsmith have
appealed to Juctice Wickham to set
tie a difference between them in which
is concerned a photograph and records
and which grew out of a rattle of the
music-making machine.
Sometime ago Mr.. McNish, who own
ed the photograph, sold chances on it.
one of which was bought by Mr.. High
smith. When the machine was raf-
fled, Mr.. Highsmith threw high dice
to the tune of forty-one, which was
the highest number thrown at that
time, but the winner did not carry
the machine off with him. The next
day when he called for the phono-
graph, Mr.. McNish told him that an
other person, who had brought a chance
and who could not appear in person
to throw for the machine had request
ed the owner to act for him. Throw
ing the dice, Mr.. McNish made FORTY
six, and claimed the machine. refusing
to divulge the name of the winner.
Believing that he was entitled to
the music-maker, Mr.. Highsmith swore
out poSsessory warrant for il and
employed d. H. Clark, Esq, to as
slst him in securing it. Mr.. McNish
also employed COUNSEL and reinforced
by w. H. Wade, Esq. appeared yes
terday before Justice Wickham, who.
AFTER nearing the testimony decided
the case in favor of Mr.. Highsmith.
In honor of the court a musical en-
tertainment was given at Justice Wick
nam S office after the case was set
tied, Mr.. Highsmith officiating at the
crank OF the muSic-making machine.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
Holiday Rates-A. c. l..

Holiday rates via Atlantic Coast
Line: Atlantic Coast Line announces
rate one and one-third fares plus IS
cents for the round trip for Christmas
Holidays. Tickets will be sold Dec.
1926 inclusive, Dec. 80 and 81. 1909.
Jan. l, with return limit Jan. 4. 1904
teachers and students of schools ana
colleges will be accorded same rate
tickets to be sold Dec. 1922, inclusive
with return limit, Jan. 8, 1904. unon
presentation of certificates signed bv
superintendent, principals or presi-
dents. All information cheerfuIlv fur-
nished at City Ticket Office, De Soto
Hotel. phones 73."-ad
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
DECISION IN BONAVENTURE
CEMETERY CASE.
Judge Barrow Completed Elaborate
Opinion Late Last Night.


Judge Pope Barrow completed his
decision in the injunction case of the
Evergreen Cemetery Company VS..
Joe Williams last night, and, al
though no intimation of the opinion
of the court was given out, it is be-
lieved the injunction has been grant
ed.
Judge Barrow's review of the case
his opinions and the law effecting the
contentious of both sides, is an elab-
crate judicial document and covers
eighteen pages of typewriter matter.
The judge gave his attention to pre-
pairing the document during the en-
tire day, and the work of transcrib-
ing the notes taken by Court Ste
nographer Thomas was completed at
a late hour.
In view of the many interested par
ties, the intricate questions of law,
going back to the organization of
the Evergreen Cemetery Association,
and the keen interest that has been
manifested, Judge Barrow declined to
state what decision he had arrived at
without q publication of the many
reasons by which he was influenced.
AS yet the parties to the suit are
in ignorance as to the decision, or the
position that has been taken in the
construction of the law as to the le-
gality of the corporation, which was
made a point of issue, and which is
the basis of another petition now on
file in the court. In this petition it is
asked that the Evergreen Cemetery
Company be dissolved.
In rendering it's decision the court
recognized the local sentiment in
volved, and in the reasons assigned
calculated the technicalties of law
bearing on the legality of the action
of the board of managers in making
rules and regulations calculated to
be for the best interests of the stock
holders and the government of the
cemetery property.
If the decision is favorable to the con-
tentions of the company it is not prob
able that the matter will be allowed
to rest.
The second chapter in the dissension
between the lot owners and the stock
holders opened when a petition was
filed in the Superior Court several days
ago, asking that it be adjudicated by
the court that the cemetery is under
the control of the lot holders and not
of the stockholders, and that the lot
holders alone are authorized to elect
managers; that the cemetery cannot
be run by a joint stock company; that
the rules and regulations be declared
null and void, and that the company
be required to recognize the right of
the lot owners to send their servants
to their lots.
At a meeting of the stockholders of
the company, held last June, certain
rules and bylaws were passed, which
in their effect, has provoked the litiga-
tion now in process. These rules APP
pear insignificant on their face, but the
alleged violation of them led to the fill
ing of suit against Williams, asking
that he be enjoined from entering the
cemetery, and subsequently provoked
the lot owners to question the right
of the stockholders to pass such rules
and bylaws. =
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
OFFICERS-ELECT
T0BE EXAMINED.

The Examining Board of the
Georgia State Troops for the District
of Savannah, composed of Maj Wal
ter E. Coney of the First Infantry,
Capt. A. Gordon Cassels of the Lib
erty Independent Troop, and Lieut..
A. Pratt Adams of the First Heavy
Artillery will hold an examination
Saturday night of the following Off
cers-elect of local military commands:
Second Lieutenant E. H. Demere of
the Georgia Hussars; Capt John A
Hutton, First Lieutenant F. Stewart
Hincks, Second Lieutenant Mungin
B. Nichols of Company A, Guards;
Second Lieutenant T. R. Pritchard of
Company D, Guards, and possibly
First Lieutenant w. H. Connerat,
Jr., of the Hussars.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
FIRST ANNIVERSARY
OF RESCUE MISSION.
w. C. t. U. Home Is "A Year Old To-
morrow.


An anniversary celebration of the
Working Peoples Home and Res
cue Mission which is conducted under
the auspices of the Woman's Chris
tian Temperance Union, will be
held tomorrow night at the Trim
ity Methodist Church, and attractive
programme to be arranged for the
occasion.
The Working Peoples Home and
Rescue Mission has been in existence
exactly one year tomorrow and in
that short time has proved successful
in assisting hundreds of people
who were unable to help themselves.
Fostered by the Woman's Christian
temperance Union, the ladies of
that organization have taken a pecuI-
lar interest in each of it's several
branches and lending their time
and attention to it's introduction
to the public they have anNiously
watched its growth into one of the
most appreciated of charitable insti-
tutions.
Besides musical programme which
will be arranged, the anniversary will
be marked by short addresses by city
clergymen and number of prominent
Faymen.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
Christmas Holiday Rates,

Southern Railway announces rate of
one and one-third fares plus 25 cents
for the round trip, account Christmas
Holiday. Tickets on sale Dec. % %
25, 80, 81 and Jan. l, with final limit
Jan. 4. To teachers and students of
schools anu colleges same rate will be
granted on Dec. 16 to % inclusive
with final limit Jan. s. but only unon
presentation and surrender of cerfifi-
Gates signed by superintendent, prin-
cipals or presidents of the various in
stitutions. Information gladly furnish
ed upon application to Depot Ticket Of
flee, Union Station, or to City Ticket
Office, 141 Bull street .-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
GOLDEN RULE LODGE
ELECTED OFFICERS,

The regular semi-annual election of
Golden Rule Lodge, 1. o. o. F., was
held in the lodge room in the Odd
Fellows building last night. The bal
loting resulted as follows:
Noble Grand-J. S. Supple.
Vice Grand-W. T. Daniel, Jr.
Secretary-J. S. Silva.
Treasurer-A. S. Niehol.
Property Trustee-C. J. Melvin.
Trustee-Charles E. Stanton.
Several other matters of lodge i'm
portance were taken up and acted
upon, the lodge remaining in session
until nearly II o'clock. Several ad-
dresses by members of the lodge
were made before adjournment.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
SET ASIDE RESTRAIN
ING ORDER.
No Ground for Injunction in Seals
Case Against Butler, stevens & Co,

No Ground for Injunction in Seals
Case Against Butler, stevens & Co.
In the injunction case of c. w. Seals
against Butler, Stevens & Co, Judge
Barrow, after hearing from the de-
PENDANTS. has rendered his decision in
their favor, finding that there was no
ground for injunction. When the pc
tition of the plaintiff was presented.
Judge Barrow granted the usual order
requiring the defendants to show
cause, and, in the meantime, restrained
THE defendants from proceeding under
a power of sale contained in a mort
gage to them. When they were heard
from, however, it clearly appeared that
there was no ground whatever for any
injunction, and the court decided in
their favor and set aside the restrain
ing order, leaving Butler, Stevens &,
Co. at full liberty to proceed as they
were doing when they were interrupted
by this suit
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
SLEET AND SNOW
FELL IN SAVANNAH.
storm Signals HOisted, but Lowered
Here and at Points south.


Snow fell in several sections
of the state surrounding Savannah yes
terday afternoon. Parties coming into
the city from Meldrim, eighteen miles
distant, reported that the white flakes
fell in abundance there for several min
utes. At Egypt, forty miles from Sa-
vannah, a furry was reported.
Preceding the fall of sleet in Sa-
vannah in the afternoon causing the
mercury in the thermometer to run
down, a few struggling flakes of snow
fell but melted as fast as they fell.
The day was cold and disagreeable.
Until late in the afternoon drizzling
rain fell and mercury kept tumbling
during the entire day. The maximum
temperature, which is usually register
ed between 2 and o'clock in the
afternoon, was recorded at 1 O'Clock
in the morning. At that time mercury
stood at 40 degrees. The minimum,
81 degrees, was recorded at s o'clock
at night instead of the usual hour of
O'Clock in the morning.
This made the average Temperature
for the day, 3S degrees. The normal
called for an average of 81 degrees
and as result a deficiency of IA de-
BIeeS Tor the month was recorded.
This makes the monthly deficiency for
the first two days of December q
degrees, only 10 degrees less than thu
total deficiency for November.
Shortly after 3 O clock the northwest
storm signals were ordered up from
Jupiter to Wilmington, and high winds
were predicted for Savannah by night
The storm. which it was feared would
strike here was then lying over Cen
trail Florida.
At 10 O'Clock the warnings were or
drred down at Savannah and points
south, but were continued at Charleston
and points northward No trace of the
storm was shown by the reports.
Charleston recorded a wind of twenty
two miles an hour, Hatteras a wind of
thirty miles, and Wilmington a wind
of twelve miles. At Savannah the
weather was clear.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
Reduction in Time to California.

The Iron Mountain Route have
shortened their time to California -
hours, now making the run from Mem
phis to Los Angeles in three days.
Through Standard sleeping cars are
operated daily. Tourist car every
Thursday. Sure connections, excellent
accommodations.
The true Southern route to Califor-
MIA.
For further information call on. ar
address L. E. Rehlander, 7. P. A.
Chattanooga, Tenn, H. C. Townsend
G. P. A, ST. Louis Mo.-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
Special Land Buyers Excursion.

Will run to the new lands of Greer
county, Oklahoma, and other sections
of the great Southwest in Noverbor
and December. via the Frisco system
Are you looking for rich and fertile
farming lands in the Southwest which
you can puy Tor from one-fourth to
one-tenth the cost of lands of tha E.sC
and North? They produce as much acro
for acre. Here is a chance to hettas
your condition and add a liheraI
amount to your pocketbook. "'
For full particulars and special rail.
road rates apply at once to r. S. Len1-
on, secretary Frisco System Immigra-
ton Bureau, st. Louis. Mo.-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03

Effective Nov. Is. table de hote"
service in dining cars on Florida and
West Indian Limited" via Atlantic
Coast Line. was resumed. Effective
Nov. 20, dining car will run from New
York to Jacksonville, instead of New
York to Savannah. Meals served from
the best products of Eastern and
Southern markets. Service on This
splendid train is Unequaled. Two hours
quicker than any other line to New
York. Convenient arrival and de-
parture time at Jacksonville. Consult
the purple folder, and apply to ticket
agent or w. H. Leahy, division pas-
senger agent, Savannah, Ga.-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
sternberg's Auction Ten Days Long

To meet the expectations and re-
quirements of Christmas buyers Stern
berg & Co.'s auction sales of their fine
stock of diamonds, watches, jewelry,
silverware, cut glass and fancy goods
will continue ten days longer. If YOU
want the finest goods in Savannah at
prices of your own making this is your
opportunity. Sales daily 1890 a. M,
800 and 7:30 p. mad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
TWO NEW MANUFAC-
TURING PLANTS

Savannah's manufacturing industries
are likely to be enlarged soon by the
addition of a plant to make wire fenc-
ing and another to manufacture furni-
ture. The men representing these in
terests are now residents of Indiana,
but wish to come South. and an effort
70 get them to locate at Savannah is
being made. 1t is stated that offers
OF savannah capital for investment
IN the plants have already been
made
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
ROBBED SOUTH SIDE HOUSE
IN BROAD DAYLIGHT.

1t was reported to the police ves-
terday that the home of Otto Seller at
No. 100 Thirty-seventh street. east,
was robbed between 10 and 2 o'clock
Tuesday morning.
The thief entered through the rear
and besides IS in cash got awav with
gold watch, inlaid with three dia-
monds, breast pin containing three
diamonds and a gold thimble. The
case was placed in the hands of the
city detectives for investigation.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
VISITING AUTOMOBILES.

The advance guard of the visiting
automobiles has arrived. Mr.. II. c.
Baxter of Brunswick. Me-, reached the
city yesterday morning, bringing with
him a new Peerless machine of thirty
five horsepower and capable of accomo-
dating seven persons. Mr.. Baxter is
accompanied by a friend, Mr.. w. H.
Bingham, of Newtonville, Mass, and
by his Chauffeur. Mr.. Ira Russell.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
Mr.. W. D. SIMKINS IN
A CRITICAL CONDITION.

Telegram SummOning His Daughter
Home Was Sent Yesterday.
Ihe condition of Mr.. w. D. Simkins,
who has been ill for some time, as
summed more critical aspect yester-
day. and telegram was sent to his
daughter Miss Mary Simkins, at Chest
nut Hill Seminary Philadelphia. to
come home at once.
Mr.. Simkins has been in i'll health
for some weeks, but the last ten days
was able to sit up until a turn for the
worse came. Though there are no IN
dlcauons that the worst is to be feared
right away, hope for his recovery has
been about abandoned.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
JUDGE NORWOOD TOOK
OATH OF OFFICE.

sworn in as Judge of City Court for
Term of Four Years from Jan. 20.
Judge Thomas NJ. Norwood received
the oath of office as administered bv
Ordinary McAlpin yesterday, duly quail
Trying Tor the position, of Judge of
city Court of Chatham county.
The oath of office was taken for a
period Of four years from Jan. 20 1904
Gov. Terrell. "a
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
Mr.. J. A. G. CARSON'S
NEW ISLE OF HOPE PLACE,

Mr.. ]. A. G. Carson has bought the
F. H. Thompson place at Isle of Hope.
The property was sold at the Decem-
Der Court House auctions and was
bid in by Mr. Edward Demere
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
Luncheon Cloth.

With doilies to match. is a Christmas
present superior to anything, is what
the ladies think. or course. it must
be Mexican drawn work, at Lippman's,
corner Congress and Barnard. I'D.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03

Atlantic Coast Line gives benefit of
a short line mileage detachments be-
tween Savannah and Augusta, 1872
miles.-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
Sternberg's Sale Continues Ten Days
More-A Great Christmas Oppor-
tunity.

Fine diamonds, jewelry. silverware.
watches, Cut glassware and
valuable novelties under the
auotioneers hammer for ten
days more to enable all to Sc
cure Christmas and wedding presents
az their own prices. Don't neglect your
chance.-ad.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03

Atlantic Coast Line gives benefit of
short line mileage attachments be-
tween Savannah and Augusta, 1872
miles.-ad
The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-03
STOVE PIPES CAUSED
TWO SMALL FIRES.
Roof Burned on Thomas & Harvey,s
Office.

Roof Burned on Thomas & Harvey,s
Office.
The roof was burned off the office
of Thomas & Harvey, coal and wood
dealers, No. 316 Gwinnett street, west.
yesterday afternoon, an alarm turned
in at 1928 O'Clock calling Companies
No. and No. to the scene. The roof
was in light blaze when the fire ap-
paratus arrived and the greater portion
OF the ceiling was burned before the
nremen succeeded in extinguishing the
'Dldze. Inc nre was caused by hot
stovepipe.
shortly after o'clock last night a.
telephone alarm called Company No. 4
TO the corner of Dhirty-third and Hab-
ersham streets, where the mantle in
one of the rooms of an apartment house
mad caught fire from a stovepipe. The
IRE was put out with little damage