The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-04-28
KEEP POLITICS
FROM ENTERING
EMMETT PARK LITIGATION.
THE REASON ADVANCED FOR
TRIAL BY SPECIAL JURY.

Col. Garrard Opposed Motion to Sc
Iect Jury from Grand Jury Panel.
Judge SeabrOOk Sustained Motion
of Maj. Cann-Grand Jurors Try
ing Case-COntentiOns of Parties
to the LitigatiOn-Grant from King
of England to City-Used to Clean
and Dry Cotton.
A jury selected from the grand jury
panel is trying the Emmett Park case
On the Superior Court. The principal
reason for the selection of a jury from
the grand jurors was to avoid the en-
tering of politics into the case.
The argument over having a special
fury was the principal feature yester-
day of one of the most interesting
cases that has come before the SUI
perior Court in some time, as far as
the opening day of the trial was con-
cerned. Col. William Garrard, who
represents the city, fought the motion
for special jury, but Judge Sea-
brook, who is presiding, overruled Col.
Garrard's motion to dismiss the grand
jury and select jury from the petit
Jurors.
Mai Cam, who represents the prop
erty holders concerned, advanced sew
eral reasons why a special jury should
be selected to try the case. Among
the most important are that the right
to a public park is involved; that the
case has excited more than usual in
terest; that political organizations have
passed resolutions concerning the mat
ter, and that a number of the legal
points involved are intricate.
Col. Garrard denied there was any
prejudice among the petit Jurors and
asked that strict proof of the allega-
ton be required. He claimed also that
the names of the grand jurors were
in the traverse jury box, so that the
traverse jurors necessarily included
the grand jurors. Any prejudice af-
fecting the traverse jurors would there
fore affect the grand jurors, each be-
ing considered upright" under the
law.
The Selection of a Jury.
With the over-ruling of Col. Gar
rard's motion the selection of jury
began. Mr.. Adam Keller, grand
Juror, was out of the city, leaving only
twenty-five from whom to select the
necessary twelve. Col. Garrard then
moved the court to purge the jury in
order to find out if any were connected
with either interest as oficeholders I'M
der the city, or connected with prop
erty holders.
Under this motion Alderman IL. A.
M. Schroeder was excused. Mr.. 5.
Herman stated that he held property
which would be affected. and he was
excused. Judge Seabrook then called
for the grand jury box and drew
therefrom the names of c. H. Dorsett,
Nicholas Lang, w. ]. Lindsay, T. M
Dougan Cord Asendorf, ! G. Butler,
Joseph Ferst, A. r. Launey and w. b.
MetZger.
The following were selected as jury
to try the case: E.. w. Cubbedge,
John Derst. A. r. Launey. John +.
Eason, Jacob E. Gutman, A. g. Guer-
ard, H. c. Harden, Adam Kessel, Cord
Asendorf, B. H. Levy and Lehman
Putzel. The introduction of evidence
began at once upon the selection of the
Evidence of Plaintiffs.
The case, which was brought against
the city and the Park and Tree COM
mission by the property holders about
Emmett Park, seeking to enJoin them
from exercising authority over the lot,
or setting it aside as a park until they
have compensated the property holders,
is attracting unusual interest. Mayor
Myers sat near Col. Garrard during the
greater part of the morning and after
noon session and during the day
number of city officials were in the
court room.
The business interests concerned set
forth that what is known as Emmett
Park has been used by them as road
way and place to dry and clean cot
ton etc, for more than thirty years.
Emmett Park lies between Lincoln and
Price streets on the west and east, and
hot str nd
the north and south.
In 1902, it is contended, a resolution
was introduced in Council setting aside
this space as Emmett Park" This
resolution provided that no vehicle be
allowed to drive on the land. Later
resolution to put roadways through the
park was submitted, but defeated.
The claim of the city is that it has
owned the land since the time Georgia
was a province of England, under
grant from the king given in 1850. 1t is
further contended that the park is de-
sirable and will make a great improve
ment to the appearance of that section.
Benches About the Park.
Maj. Cam began his case by calling
a number of the residents of that sec
ton of the city and some of the oldest
residents of the city to the stand. All
testified to the fact that, as far back
as they could remember, the place
Hdu Deen uSeQ as place 10 Ory anu
clean cotton. and that wagons had
been in the custom of driving through
it..
In the afternoon session, which last
ed until $50 o'clock. several teamsters
were called who testified to having
driven through the PARK without mo-
lestation from the city authorities UNI
til after the resolution of Council,
passed two years ago.
During the cross-eXamination of wit
nesses Col. Garrard attempted to bring
out the fact that benches and seats
had always been placed in the Park"
and that it was commonly looked upon
as public property and a place for re-
creation. During his cross eXamina-
ton of DR.. T. S. Clay. one of Maj.
Cams witnesses, the doctor stated that
the place had been used to work in,
walk in. loaf in. knock about in, and
sleep in"
The case will be continued to-day,
court converting at $3.50 O'Clock this
morning.