The Savannah morning news., 1904-05-15
NEWS OF A DAY IN
GEORGIA'S CAPITAL
oLIvERoS WINS HIS CASE.
HIS PLEA OF FORMER JEOPARDY
is SUSTAINED.

Savannah Man, Formerly Cashier OF
the Atlantic Coast Line, Who Was
Charged With the Larceny After
Trust of $o,ss3, Will Not Have to
stand Trial Again-Church Is Re
strained by Court From Trying a
Member.
Atlanta, May lathe Supreme
Court to-day rendered an interesting
and somewhat unique decision in the
case of ]. B. Oliveros of Savannah,
charged with the larceny after trust
of s5,Ss3 from the Atlantic Coast Line
Railroad Company.
The Supreme Court susteins plea
of former jeopardy because Judge Bar
row insisted on granting a mistrial,
over the protest of the defendants
counsel on account of an opinion which
the court expressed during the trial of
the case.
1t seems that when the case was on
trial in July, 1908, receipt was Offered
in evidence, signed by Oliveros, to
show that he had received certain
moneys from the Southern Express
Company Judge Barrow thereupon
remarked: "a receipt showing the de-
livery of a package is about as high
evidence as you can get" The judge
did not retract his statement, but said
that even receipt was open to an at
tack as evidence. The next day he de-
clared a mistrial.
ottor0aUs anfared nlaa of
former jeopardy because the mistrial
had been declared over their protest,
and this was to-day sustained by the
Supreme Court by vote of four to
two, Justices Lamar and Gambler dis
senting.
Oliveros will not have to stand fur
Their trial on the charge.
The BOurquin Land Case.
The Supreme Court in part affirmed
and in part reversed the judgment of
Chatham Superior Court in the case of
Bourquin VS., Bourquin, complaint for
land. 1t is held that the plaintiff is
entitled to the land, but that the de-
PENDANT is not liable for the rent or
profits accruing from the land during
the time it was in the hands of a re-
ceiver.
The Supreme Court affirmed the
judgment of the City Court of Savan-
nah in the case of Lippman VS. the
Aetna Insurance Company of Hart
ford. action On an insurance policy.
Church Is Restrained.
Judge j. H. Lumpkin has granted
an injunction preventing the Sandy
Springs Methodist Church from trying
T. w. Ezzard on certain charges, in
volving his moral conduct. The liti-
cation grows out of another suit, in
which Mrs. Louvenia Ezzard his wife,
is trying to prove her title to some
land. This land suit has stirred up
the Sandy Springs community, and par
tisans in the church charged EzZard
with fraud, and with striking trade
on the Sabbath. Now the court steps
in and says the church cannot try Ez-
card on this charge. The case will be
heard May Is.
Bruce & Co. Suspend.
Bruce & Co.. cotton and stock brok-
ers on Wall street here suspended OPP
erations to-day. The firm is entirely
a local one. 1t is said its creditors will
all be paid, and that it will make ar
rangements to resume business in the
near future.
No Hotel Income Tax.
Atlanta recently tried to levy an in
come tax on all the hotels of the city.
Hotels which were paying the tax
found that it was not being paid by
others and took. legal steps Judge
Roam of the Superior Court to-day de-
clared this tax illegal and unconstitu-
tional and issued an injunction 10
prevent the city from collecting II.