The sun., 1916-08-20
INTRIGUE TO GET
100000 Barred
Judge Speer Of Z. s. Court
Tells Of Fight in Georgia
for Big Estate.
SMITH "HEIRS" A PLENTY
Story Involves Jurist Who
Quit State Bench and Also
the Governor.

In the current issue OF the Federal
Reporter. the organ Of the United states
courts. Is set forth n narrative Of greed,
legal intrigue and counterpart against
the law employed for the possession Of .
$2,oo0.ooO estate. Judge Emory Speer
Of the United States District Court Of
Georgia takes the medium Of a court de-
involves another Judge and brings In the
Governor OF Georgia. The decision.
dated April 2s. 1916. had to do with the
affairs Of James NJ. Smith. millionaire
planter. who died unmarried and in
testate December II. 1915.
Smith for many years had been known
and feared in his section of Georgia. No
one remembers where he came from, but
he. made his advent In the mountains
with a pedler's wagon. lie eked suffi-
Client from the poverty stricken noun.
taineers to get a college education. Then
he came Jack to his familiar territory
n with borrowed money established
ulUSeit as a planter.
With the thrift no had learned AZ
pedler he extended hts domain until In q
few years his acres were almost uncount-
able. The greater part OF his success
was due TO the %harshness with which he
drove the convict labor he hired on con-
tract. His fortune was dashed out OF
their backs. to Judge by the testimony of
his whirpins boss.
Claimants Flock In.
lie died In his home at Smithonia
without klth or kin to survive him. That
nignt-this Ia giving the facts exactly as
they are reclted in Judge Speer's decision
his estate went into the hands Of four
men Mitchell, his bookkeeper: Holder.
his manager; Arnold. a neighbor. and
Judge J. W. Meadow OF the Superior
Court of Oglcthorpe county. These men
hurried to the nearest officer Of the law
and had themselves appointed as tenpo-
rary administrators
Judge Specr says this appointment:
was fraudulent. Under the law. az he
cites. failing the administration by kins-
folk. the trus,eeship OF an estate in this
manner can he undertaken only by cred
itors. None Of the four fell In this
class. In fact Holden owed Smith 500
900. and Judge Meadows's note for
$4,000 formed part of the estate. Three
days afterward two other administrator
were added by petition from the four.
Then into Smlthonia fiocked the tribe
Of Zadocs, as the descendants Of Zadoc
Smith came to be known These Zadocs
claimed a kinshlp between their fore
bear and James Smith. Their claim at
once was espoused by the administra-
tors. The Zadocs were made comforta-
bio IN every way they were given
money for the prosecution OF their claim
against the estate. These losna were ar
ranged hroug Andrew. Erwin. a
banker, who was added 70 the list OF ad-
ministrators.
Many Obstacles Found.
Into town also came the descendants
~ William and Lucinda Smith. They
asserted that James Smith was a son of
william and Lucinda and had left their
home In Cobb county Georgia. because
his parents broke off his engagement to
Il Miss Buliard. For the establishment
OF their claim. however, the William and
Lucinda group had a rough time before
them, one that the administrators did
not try TO smooth.
The first legal relief for them was 4.
the Superior Court. but there when they
went to present their claim they found
Judge Meadow presiding. They claimed
disqualification for him and presented
their claim TO Judge Fife OF the Chero-
kee circuit. lie granted an injunction
restraining the administrations and ap-
pointed receivers TO conserve the es-
tate until there had been a Anal ad-
judication OF heirship.
When the receivers went to Smithonla
they were received by Mitchell. one OF the
administrators. He informed them he
had been advised by his counsel to dis
regard the order OF Judge Fite. The re-
ceivers attempted 10 establish themselves
on the estate. IL was In the coolest
week Of the winter when every door was
shut to keep out the freezing weather.
vet the advent Of the receivers on the
plantation was the signal FOR opening
al, doors. They could not find convey
ances; they were forced to walk. one of
them 20 years old, four miles to the
railroad station. They called upon the
Sheriff to obey Judge Fite's mandate
He refused.
Contempt proceedings were instituted
before Judge Fite. As soon ~ his wa
learned counsel for the administrator
woke up another Superior Court Judge,
Brand. at 9 o'clock in the morning and
bta.ned an injunction which stopped
the flow OF assets into the hands OF the
receivers.
Meadow Quits Bench.
II was declded-JuuB Speer says tHA1
that Meadow should get out. He was
called to Athens for a conference with
the administrators counsel and advised
that II he left the bench he would be
given a place In the estate. He agreed
TO quit n the two took the Seaboard
Air Line for Atlanta.
After supper Meadow and the lawyer
4 called al the Executive Mansion. After
"A short ak with the Governor a Mt
Worley was called to Atlanta. He re-
ported at the Capitol next day and was
invested with the ermine Meadow had
voluntarily discarded. Meadow. tho ad-
ministrators' counsel and others accom-
panied Judge Worley 10 his bench. One
OF his first acts was to modify the Flte
decree to n degree that practically NULL
fed it in the decision of Judge Speer.
I'm the new order Of things 1t was de-
manded ~ the administrator that they
file IA bond OF 81 900 900. They were
under bonds OF $50, 0O0 up tn this time
After this court order they went tO the
hank where the assets OF the estate were
dcpos!ted and took out new bonds for