The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-08-19
CASE ON TRIAL.;
PLAINTIFF IN JAIL
LOST CHANCE TO GET $1,000
ATTORNEY WAS WAITING FOR
CLIENT TO GET BOND.

Went to Trial without Him-Ar
That Time He Was Being Held in
Jail From Recorders Court on
Charge of Theft-When Jury I'm
civil Suit Returned Verdict He
Was still in JniI-TriaI RepIete
With Entertaining Incidents.
William Hobson, the plaintiff in
$1,000 damage suit against the Savan-
nah Electric Company, forfeited his
chance to recover a cent by being ar
rested on the very day before his trial,
charged with stealing
When the damage suit came up for
trial in the City Court yesterday morn
ing, his attorney explained to the
court that his client had not put in
his appearance and the case went to
trial At that time he was in Jail,
where he had been sent from Police
Court on d charge of simple larceny.
The result of the trial added another
interesting feature to the case. The
jury returned a verdict of 25 cents for
the street railway company, thus MAX
ing the plaintiff liable for costs, and
precluding the possibility of his bring
ing another suit. The manner in which
this result was obtained is not alto
gether novel in the abstract, but it is
the first time that these legal tactics
have been resorted to under similar
circumstances.
His Cbent Was Missing.
HObson sued for DANA ges incident to
his being forcibly elected from one of
the Electric Company's cars.
When Attorney c. V. Hohenstein
found that his client was not on hand.
as he had promised to be, he was
forced TO go to trial. He knew Hobson
had been remanded, but knew a friend
was trying to arrange bail for him.
will you go to trial?" asked the
court, thinking that perhaps the at
torney might want to dismiss his case.
ITS d case of Hobson's choice" re-
marked the attorney good humoredly.
The case proceeded, no mention being
made, if indeed any one knew of the
plaintiffs detention in the county bas-
tile. 1t was soon evident that Mr..
Hohenstein desired to make the de-
fence show its hand, after which he
might move to have the case dismissed.
If the court granted this request, as is
usual, the plaintiff would not then be
debarred from instituting another
suit; but, if the case went to the jury,
and a verdict was returned, there
would be no other opportunity for the
case to be Reconstructed.
Plaintiff Was Sued.
Mr. Lawrence, for the company, an
ticipated such move, at any rate.
He hurriedly wrote off an amendment
and thanded it to the clerk, with the
injunction to file it instanter. No time
was lost 1t took less than five min
utes to write the amendment.
Anticipating that the plaintiffs at
torney would endeavor to make out
case with the defendants witness,
Mr.. Ed f. O'COnnor, claim agent for
the street railway, who was sitting
by Mr.. Lawrence, went out to the
witness room and told the companys
witnesses to dispense. They were not
under subpoena, but had come at the
request of the defense.
When Mr.. Hohenstein saw that the
defense had made out no more de-
Tense than he had a case he promptly
moved that the case be dismissed
This granted, the defendant would
have had to pay the costs. Mr.. Ho-
henstein also made the point that the
defendants witnesses had no right to
leave the Court House. but Judge
Norwood ruled that. not being under
subpoena, they were at liberty to do
so.
Verdict for - Cents.
At this juncture, Mr.. Lawrence, in
resisting the dismissal of the case,
introduced a plea of set off, which is,
in it's nature, a sort of cross claim.
The defendant claimed that it had
been damaged % cents by the plaintiff
having stopped it's cars and delayed
traffic. The institution of this cross
claim necessitated the case going to
the jury.
After being out short while, the
jury brought in a verdict in favor of
the street railway company for 25
cents.
Hobson will probably face Judge
Norwood this morning. He is charged
with stealing a suit of clothes from
an Atlantic Coast Line train, the ar
rest having been made by officer Fur
long. He was arrested on Wednes-
day and tried yesterday before Re-
qOrdaV Muripl fnpnaA ONo,- 70 tho