The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-04-30
EMMETT PARK CASE
COMP PROMISED
EFFORTS or JUDGE SEABR0OK
EFFECTED COMPROMISE BETWEEN
PROPERTY HOLDERS AND CITY.

promise Signed by Foreman Guer-
nrd-By Verdict Factors Walk Is
Recognized as Public STRICKLAND
In Question Recognized as Park.
Rights of Property HoIders-City
viii Open Public Driveway.
Through the efforts of Judge Paul Z.
seabrook the litigation known as the
Emmett Park case has been settled out
of court
A compromise was effected shortly
before o'clock last night and a YER
dict in accordance with it signed by
Mr.. A. G. Guerard, foreman of the
jury.
Under the terms OF the compromise
Factors Walk is recognized as pub
lie street of Savannah; the plat of
land between Lincoln and East Broad
streets, on Bay street, is to be held
as a public park, and a twenty-foot
driveway is to be opened running par
alel with the retaining wall and with
exits at Lincoln street and between
Houston and East Broad streets on
Bay street.
The case opened yesterday morning
at $3.50 o'clock and Assistant City En-
gineer Howard again took the stand.
He was kept on the stand until court
adjourned for the morning session, eX-
planning maps and diagrams which the
city desired to introduce in evidence.
At 80 o'clock court re-convened and
more evidence regarding the use to
which the land in question was being
put, was taken
At $50 Judge Seabrook announced
that he would adjourn court for fif-
teen minutes. Col. Garrard, counsel
for the city, and Maj Cam and Mr..
Richards, counsel for the plaintiff, to-
gether with Mayor Herman Myers,
were called to the bench and short
consultation held. They then adjourn
ed to the Superior Court chambers and
Mr.. Howard, assistant city engineer,
and several of the property holders
interested in the case We're called into
the conference.
Compromise Effected.
All the points in the case were care
fully gone over and discussed, and at
7:40 o'clock Judge Seabrook again en-
tered the court room and announced
that a compromise had been effected.
| Stenographer Thomas then drew up
the provisions of the compromise in
the proper form; it was read to the
jury by Judge SeabroOk, and signed
Mr.. A. G. Guerard, the foreman.
The verdict was then handed to
Clerk Carr to be filed. A decree of the
court, based on the finding, will be Civ
Ell this morning. The following is the
verdict as returned by the jury
I'VE, the jury, find: First That the
southern line of wharf lots lying be-
tween Lincoln street and East Broad
street in Savannah is cOtermnus and
coincident with the northern line of
Factors Walk.
Second. That Factors Walk, be-
tween Lincoln and East Broad streets
is a public street of the city of Savan-
nah.
The 2O-FOOt Driveway.
Third. That the plat of ground ly-
ing between Lincoln street and East
Broad street and between Bay street
and Factors Walk, as shown on Elk
hibit A of the answer, is declared to
have been and to be a public park of
the city of Savannah, qualified, how
ever, to this extent:
That the owners of said wharf lots
| between East Broad and Lincoln
streets have had and now have the
| right of egress from and ingress to
the said wharf lots, and improvements
| thereon, or to be hereafter put on,
over their bridges now constructed, or
which may be hereafter constructed,
| connecting the said improvements with
the said park; and also the right of
| access by driveway, twenty feet wide,
for vehicles, parallel with the retain
ing wall, with exits at Lincoln street
| and between Houston and East Broad
streets on Bay street."
AS soon as the verdict had been
signed by Foreman Guerard and filed
| with Clerk Carr, Judge Seabrook
he f,Yrn Gov f,Yl of
tention they had given the case dur
ing the three days that it had been on
| trial, and for their earnest effort to
aid the court in determining the mat
ter. He then announced that as far
as tine Emmett Park case was concern
ed they were dismissed from further
duty.
AS Judge Seabrook stepped from the
bench he was surrounded by the jury
men and heartily congratulated upon
| effecting the compromise. A general
Misunderstanding was INDUCED in by the
court, the attorneys for plaintiff and
defendant, and the city officials who
were in the court room.
In Accord With Old Plan.
The compromise effected by Judge
| Seabrook is almost in exact accordance
with one which was proposed some
time ago shortly after the litigation
was instituted. In fact the map which
| had been prepared at that time was
used as a basis for the compromise.
Rumors OF a settlement were rife
early in the day, Judge Seabrook haV-
! ing declared that he must finish the
case Immediately. Expecting such a
turn of affairs. Engineer Howard car
ried the old map with him to the court
room, and this was used by the par
ties TO the compromise in arriving at
| terms. The old settlement was held up
| when ii had been all but completed.
Every one in the court room at the
! time settlement was effected-and the
interest aroused by the case had at
tracted many-expresse themselves as
pleased with the compromise The city
| will probably take steps at once to
| beautify the park and put ii in the
| best condition. This will make that
section of the city much pleasanter
! and will furnish a delightful place of
recreation for those living in that vi
cinity.
A property owner living on the south
side of Bay street, stated after the COM
promise was announced, that the mat
| ter has not yet ended, and that the
case will again find its way into the
! courts.
| Important Change i'm Schedule Gem
trail of Georgia Railway, Sunday,
May 1.