Newspaper Page Text
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ALDERMEN AS LEXOWIZERS.
The Council Spend Most of tHe Sight
Od the Guilmartin Case.
THE CHARGES DISMISSED.
The Council's Right to Conduct the In
vestigation Questioned The Acting
City Attorney Decides That It Has No
Authority to Delegate the Investiga
tion to Outside Parties—The Charges
Brought Specifically Against Mayor
McDonough. Alderman McMillan and
Alderman O'Brien—Their R->ply-The
Facts As Brought Out In the Exami
nation of Witnesses A Technical Vi
olation of Rule 14. But No Intention
To Defraud Proven.
The city council tat in session from * 30
o'clock last night until early this morn
in*r. listening to evidence In the investi
gation of the charges against its mem
bers, preferred hy Mr J. F Guilmartin.
The Investigation has faiien ft at so far The
charges were sensational, but the hulk of
the evidence submitted last night sent
to disprove them. All the members of
council acre present, except Alderman
Chariton and Baldwin, the former being
absent from the city and the latter si-k
in bed. The crowd which packed the
council room was about equally divided be
tween sympathizers with and opponents
to the present administration.
Mayor McDonough announced that the
meeting would take up charges made by
Mr. Guilmartin against certain members
of the hoard. The charges were read by
Mr. W. R. Leaken, Mr. Guilmartin s at
torney.
The charges cover several pages of type
written legal cap. They charge spe
cifically that Mayor Me Donongn, Alder
man McMillan and Alderman O'Brien
have violated Rule It by being Interested
In various contracts with the city. Mayor
McDonough w.th having sold the city
lumber and other supplies at pr.ces
h.gher than the prevailing mark* t prices
a; which the city could have secured them
to a better advantage. Alderman M -
Millan was charged with having sold
the city sheeting, lead, nails, etc., at
ppmes higher than they could have been
obtained for elsewhere On the same line
Alderman O'Brien was charged with
having sold the city live stock at pri■ os
above those which prevailed In the
market. The charges against Alderman
' O'Brien cot er moi
rharges against, either Alderman Mc-
Millan and Mayor McDonough. The
charges referred to the vouchers and
these were to be produced in evidence.
Mr. Guilmartin charged that when he ap
plied for permlss.on to put In a hid for
such live stock as was wanted he re
ceived no reply from the mayor to
whom his letter was addressed and that
soon after Alderman O Brlen sold the
stock to the city at prices higher than
Mr. Guilmartin would have offered. The
charges specified each item.
Mr. Leaken reserved the right to ob
ject to any of the parties charged or
connected in any way with the charges
from sluing in judgment on the ground
that such a proceeding would be contrary
to reason and Justice.
Mayor McDonough said that inasmuch
as himself and two of the aldermen were
mentioned In the rharges, he would re
quest Alderman Mills to lake the chair
In behalf of himself and tiio two alder
men he wished to say that not rttie of
them would vote or take part In the
Investigation.
Maj. P. W. Meldrim, representing Mayor
McDonough and Aldermen O'Brien and
McMillan, was about to read the answer
to the charges, when Alderman Screven
asked permission to read the following
resolution;
Whereas, It has been alleged that cer
tain members of this board have violated
its rules to their personal profit and
advantage, and contrary to the public
Interest and welfare.
Be it therefore resolved, That the fol
lowing citizens namely Messrs. J. D.
Weed, R. D. Guerard, John Flannery.
■Abram Vetfburg and J. R.
Sheldon he, and they are here
by appointed a committee, with
power to investigate the charges so al
leged. and to report their conclusions
as speedily as possible, and in the event
that any of the above named citizens
gecline to serve on the commit lee, the
remainder ate hereby given authority to
fill vacancies.
Alderman Bohan said he did not think
the fact that certain members of the hoard
were candidates for re-election should
have any effect upon their official aclion.
He accordingly moved as a substitute that
the board proceed with the investigation.
Alderman Myers agreed with Alderman
Screven to a certain extent. "My posi
tion,” he said, ”is a very delicate one. I
do not believe that the circumstances
would In any way effect my official action,
but I feel that whatever 1 may do will be
misconstrued. 1 prefer not to take part in
the Investigation and I shall ask to be
excused If the investigation Is proceeded
with.”
Alderman Wells said that as he expected
to be called as a witness and probably
every other member of the board would
be he favored Alderman Screven's resolu
tion.
A vote was taken on Alderman Bohan's
substitute and It was lost by a vote of 4
to 3. Ayes, Bohan, Remshart, FolUard,
nays. Screven, Myers, Harris, Wells.
Alderman Screven's motion was carried
by the same vote.
Mr. Meldrlm. Mr. Deakin and Mr. T>en
mark. acting city attorney, all seemed to
agree that It was doubtful if the council
could confer authority to conduct such
an investigation upon a committee of cit
izens.
Alderman McMillan desired an im
mediate hearing, and he preferred that the
matter be heard by the present board.
Mr. Denmark gave It as his opinion
that the council had no power to delegate
such authority as was contemplated in
the resolution. He was not prepared to
give an expert opinion upon the matter,
but spoke simply from his general knowl
edge of law. He said It was a matter of
common reason that the council should
not delegate to half a dozen, or a dozen,
or any number of citizens to investigate
charges against Its members. He knew
or no law which would compel these
members to go before such a committee.
It Is the custom and law for all legisla
tive bodies to pass upon the qualifications
of its members and try them on charges
preferred against them
Mr. Deaken asked whether the present
council thought It had the power to
try these charges, in which several of
Its members were concerned, and in which
others would be called as witnesses
Whether, after occupying some time with
these charges, It would not find Itself
without ppwer to act in the matter
or without power to render a
verdict, and the whole proceed
ings would not be mere child's play.
He knew of nothing in MacDonell's code
to authorize such a proceeding, and he
suggested that the gentlemen interested
go to Mr. Guilmartin and agree with him
upon the committee named or some other
committee to take the matter In hand
After hearing the opinions of the attor
neys, the vote on Alderman Screven's
. motion was reconsidered and the bearing
' of the charges was taken up.
Alderman Myers requested to be ex
' cused, but it was found that this wrould
I leave the board without a quorum, and
I the chairman declined to excuse him.
Maj. Meldrim then read the answer to
the charges in behalf of Mayor McDon
ough and Aldermen McMillan and O'Brien.
In their answer they stated that they
desired the fullest investigation as to
their alleged violation of rule 14.
Mayor McDonough stated that lumler
was sold to the city as per voucher 64 by
McDonough A Cos., but that he had no
knowledge of it at the time of the sale,
, though he was informed of its delivery
i to the city, and he says the prices were
reasonably just and fair. H-- said also
1 that McDonough A- Ballantyne. sol 1 cast
; ings to the city to the amountl of $3 .44,
I and that the - harge was a reasonable one.
| He added that McDonough A Cos. sold the
' city lumber to the amount of $215.40
and another bill of 11.751.91 used in re
pairing the quarantine station after the
storm of August, 1-:<1. this lumber having
been ordered hy himself because prompt
and decisive action was necessary. He
admitted that McDonough & Ballantyne
sold iron arid furnished labor to the city
for repairing the quarantine station to
the extent of 1290 3'. and for other pur
poses to the extent of $71.25 on one occa
sion. 106.39 at another time, and s44*l at
another. Of these last three transactions
he said, be had no personal knowledge,
*
able and Just in all oases. He denied that
the work done or the material furnished
eould have been secured at lower prices.
Alderman McMillan admitted that Mc-
Millan Bros sold the city sheeting to the
amount of $1,003.24, to cover piling at the
quarantine station, at 1$ cents a pound,
while 22 cvnts was charged for the same
goods In this city; that his firm sold the
city lead and materials to the amount of
$131.92, for the waterworks, the eopper
works of McMillan Bros, being the only
place where work of such a nature could
be done, and that his firm sold the city
2.000 pounds of lead at 5 cents, making
SIOO, without his personal knowledge of
the transaction. He says the price? were
all reasonable and fair, and that the ma
teria! and work could not have been ob
tained at a lower rale.
Aiderman O'Brien admitted that teams
belonging to his firm were hired by the
city after the August storm at a cost of
$162; that he received S4O for teams for
the same purpose; that he received $l5O for
a horse selected by the superintendent of
dry culture for his own use; that he sold
a horse to the fire department for $259;
that he exchanged one horse with the city
for another, receiving SSO In ad
dition, and that the city re
ceived the benefit of the exchange;
that he sold the city a horse about Feb. 5,
for $l5O for the city engineer; that
he sold two horses to the
fire department, which were selected and
purchased hy Mr. M. \V. Dixon, then
chairman of the fire committee; that his
partner, Mr. VV. B. Robinson, sold the city
a horse for the use of Mr. Kops, assistant
engineer, for $209; that he sold four mules
to the city at $175 per head, authorized to
be purchased under resolution of council
adopted on recommendation of fiupt. Fitz
gerald. that Vice Chairman Wells refused
to approve the hill, because he had not
seen the mules, but he approved the hill
because the price was reasonable and
proper, and no bids were asked, because It
was not customary In such cases; that he
denies he made a profit of $75 Imt. says
his firm made a profit of about sll9 on the
four mules. He denied lie refused to ac
cept four mules furnished by J. F. Guil
martin over three years ago or at any
other time, that he was not chairman of
the committee then ami had no right to
accept or reject any mules; that the let
ter from J. F. Guilmartin A Cos. was
handed hy the mayor to him and he read
it and handed it back, but he did not know
whether it was shown to other parties or
not; that he had no knowledge of any
contract for the purchase of fifteen mules,
hilt If Chairman Harris saw 111 to pur
chase them front him or his firm he In
sisted he hnd the right to sell, but he
said no contract had been made by hint for
any such sale. He insisted that the prices
In all cases were reasonable and Just and
the answer says every act done by the
three respondents has been just, fair and
honorable and with due regard to the city's
Interests.
Mr. Deakin requested that the following
witnesses he called: J. \V Comer, O. J.
Reilly, Geo. S. Haines, J. W. Hunt, V. D.
.Baldwin, R. F. Harmon, ,1. W. Cooper,
M W. Dixon, H. F. Smart, T. R. Hoyd,
Robert Hunt. F. M. Johnson, William Don
nelly, William Rockwell, A. (!. Wilkinson,
W. B. Puder, George Mouro, C. S. Hardee,
H. S. Dreese.
Messrs. Carson and Baldwin was re
ported sick. Assistant Chief of Police
Reilly was sent to find Mr. Smart, as Mr.
t,eaken insisted that these witnesses were
necessary to estahlish certain points In his
case. He also asked permission to Intro
duce the absent witnesses when they
could be secured, which was granted.
Mr. Deaken requested that as a number
of witnesses who had been summoned
were not able to he present the investiga
tion not be closed until they be heard from.
By Alderman Baldwin he proposed to
prove that he proposed to sell the four
mules to the city sold by Mr. O'Brien at a
lower price than that charged by Mr.
O'Brien, lie wished to have Mr. Baldwin
present to attest this fact, he said.
By Mr. Smart and Mr. Carson he pro
posed to prove that the clmrges for lum
ber, lead and other materials were exces
sive.
By suggestion of Alderman Wells the
marshal was Instructed to get a carriage
and go after the witnesses.
Mr. Dreese was the first witness put
upon the stand. He was called upon to
testify to the correctness of ceraain
vouchers secured ffont the treasurer's
office, which he did. He was asked for
information as to the process of passing
a hill, but was unable to tell the road
which a bill against the city travels until
It is finally paid at the treasurer's office.
City Treasurer Hardee was asked the
same question, and said that the hills
did not come to him until they had been
approved for payment.
Clerk Hernandez gave the desired expla
nation, showing that the city has quite
a system of handling Us bills.
Mr. Deaken read Rule H prohibiting
any member of council from being In
terested in any contract with tlie city
having any emolument connected there
with. He said that the sales had been
proved and admitted, and that this fact
itself showed a violation of the rule. This
rule, he said, could not simply he con
strued to apply to written contracts,
but under Webster’s definition that any
sale is a contract. He asked that the
council pass upon the question whether
its members had or had not violated the
rule. He wanted this point passed upon
before proceeding further.
Maj. Meldrlm replied that the case
could not he broken Into piecemeal. There
was but one charge, and when the evi
dence was completed the council would
pass upon the whole matter.
Mr. Deaken replied that the sales had
been admitted and he simply asked the
council to pass upon whether It con
sidered it a violation of Rule H. In re
ply to a question of Maj. Meldrlm Mr.
Deaken said It was also charged that the
prices charged by aldermen were higher
than the materials could have been pur
chased for in open market.
Mr. Mills decided that the matter should
be considered as a w hole, and a motion by
Alderman Haines that the hearing of
the charges be proceeded with to the end
was carried.
Mr. J. W. Comer, purchasing agt nt of
the Central railroad, was put on the stand
and questioned as to the value and prices
of various articles mentioned In the
vouchers. He was asked first as to the
prices charged in a certain bill of lum
THE MORNING NEWS; SATCKDAY. J ANTARY 19. 1895.
her sold bv McDonough A Cos. for the
quarantine station. He said a good deal
decoded up-on the quality of the material
anti the specifications under which it was
ordered. As to a charge for 4 1-4 boards at
sl9 per thousand he said the Central rail
road bought ordinary material at from
$4 39 to $6 50 per thousand at the mill. Mr.
Comer showed from the bill that the stuff
was of v.trying dimensions and that the
number of feet was not run out for each
Item, so that he could not tell what price
was charged per thousand. The price of
4 1-4 boards delivered In the city, he said,
would be about $2 50 per thousand more, he
said.
Dr. Harris asked Mr. Comer what would
be the cost per thousand to deliver this
material from the Central railroad depot
to the quarantine station. He replied he
had no experier.-e in this line; that lum
ber • omlng over the Central railroad was
delivered at the wharf. He eould not say
what would be the extra cost of trans-,
porting to quarantine.
Mr. Comer was exalmed as to the items
in a voucher for a bill of lumber for the
•try culture department by McDon
ough A <’o. As to one Item hilled at sl3
per thousand. Mr. Comer said the Central
railroad bought lumber of this class at the
mill for $7 to $8.50 per thousand. The
same thing applied to several other items
On another charge of sl3 per thousand. Mr.
Comer said the material could be pur
* based for $7 to SB. Ail item for boards
billed at sl2. he said could be bought at the
mill from $4 to $6 per thousand. Add $2.39
per thousand for freight. An Item charged
at sls per thousand, he said, he considered
a rather steep charge, unless the piece was
of unusual length. From $9 to $19.50, he
said, would he the usual charge to the
railroads.
The same thing appll to several other
Items, he said. On a bill of McDonough A
Ballantyne for castings Mr. Comer's at
tention was called to an Hem for grate
bars htll*d at 2'-, cents. McDonough A
Ballantyne sold the Central railroad the
same material at 1, cents a pound. The
same thing applied to other items on the
bill.
On another bill or McDonough & Co.'s
Mr. Comer said material was charged at
$lO to sl3, which he thought excessive, the
price in open market being $9.50 to sl9 50
per thousand. An Item charged at sl2. he
said, could he purchased in open market
at $6 to $8.69. On another bill of McDon
ough A Cos. for lumber. Mr. Comer pointed
out several item* which he ronsldered ex
cessive.
Voucher 148, bill of McDonough A Bal
lantyne for Iron, billed at 4 cents. Mr.
Comer was unable to furnish any infor
mation because the class of iron was not
stated. The Central railroad bought
Iron for less than 4 cents, he said. One
Item for washer* at 3 cents, he said he
would expect to get for 1% cents.
A bill for yellow metal sheeting, Nov.
1. 1893, from McMillan Bros., 5,424 pounds
at 18 cents was produced, Mr.
Comer said he paid for sheet copp-er.
which he considered a better material
for the purpose of covering pilings, 13
cents a pound delivered.
Voucher 288, McMillan Bros., 2,090
pounds of pig iron at 5 cents a pound,
was produced. Mr. Comer said that he
paid from 3\ cents to 3.87 cents delivered
at that date. It Is a material, the price
of which fluctuates, and the price Is
less now than In September, 1893.
Mr. Comer, when questioned by Mr.
Meldrim. said the price of lumber de
pended to a certain extent upon the spec
ifications. the amount and the quality.
In the matter of castings a large pur
chaser like the Central railroad could
buy much cheaper than a small purchaser.
M. W Dixon was the next witness.
His testimony was interesting. He was
first examined as to voucher 316, dated
Sept. 30, 1893. a hill of McDonough A Cos.
Mr. Dixon said that the prices of lum
ber varied greatly, according to condi
tions and specifications. If the lumber
were of extra good quality he would not
have considered the price unusual. Mr.
Dixon said he had been promised by
Alderman Harris an opportunity to bid
on the lumber. He got mad with him
because the hid was not advertised as
promised. The explanation of Mayor Mc-
Donough. made In Maj. Meldrim's an-"
swe-r, had satisfied him, however. "Had
I known what I know to-night I would
have kept my Irish down." He said he
did not got a chance to bid on the bill,
and censured Alderman Harris for it.
As to certain items, the prices of which
he was asked, Mr. Dixon said that under
the same circumstances he would not
have furnished the material for any less.
Mr. Dixon said he had sold small bills
of lumber to the city, through chair
men of committees. Mr. Dixon differed
with 51 r. Comer as to his prices on lum
ber. Ills firm owned a mill near Mr.
Smart’s mill, near Mldvllle, the rates
of which had been quoted by Mr. Comer.
Their freight was $1 a thousand higher
than those quoted by Mr. Comer, he
said. He gave some technical explana
tions as to reasons of the difference in
freights on lumber. He would like, he
said, to sell tho Central railroad 1,999,000
feet of lumber at Mldvllle at the prices
quoted by Mr. Comer.
"1 have Just paid SSOO to the city for a
license to do business here, and taxes on
each of my wagons. Then we are not sat
isfied to sell lumber at the exact cost to
us to bring it here. Then there Is drayage
and handling and other matters to be
taken into consideration.”
Mr. Leaken: "If bids for lumber were
called for could not lumber be gotten
cheaper for the eity?"
Mr. Dixon said the price depended a
great deal upon circumstances, especially
the time within which the dealer was re
quired to till the order. Asa general rule.Mr
Dixon said, lumber could be purchased
cheaper by calling for bids than by sim
ply giving the order to a dealer. He was
questioned ns to some lumber, 12x12,-wvhich
he sold to Mr. McDonough at sl2 per M.
He said the lumber was taken off by a
barge, but he did not know where it was
carried. Maj. Meldrlm showed Mr. Dixon
the hill for the lumber at $12.30, and
Mr. Dixon aoknowdedged at once that
thia was the correct price. He said in
answer to questions that on small orders
for special purposes the prices arc usually
high. He had, w hile a member of council,
sold the city several small orders.
Mr. Deaken spent some time in bringing
out the difference of $12.50 charged Mr.
McDonough by Mr. Dixon and the price
of sl3 charged the city for the same lum
ber by Mr. McDonough. He said he
would not have sold the lumber delivered
at quarantine for $12.50. There was an im
pression that Mr. Dixon's testimony would
prove very sensational and very damag
ing to Mayor McDonough, but the reverse
was the case.
Mr. 11. P. Smart proved a less satisfac
tory witness for the investigation
even than Mr. Dixon. He had
hern summoned from the thea
ter by Assistant Chief Reilly. Mr.
Smart said he had not been actively en
gaged in the lumber business for live
years, and had not kept closely posted on
the details of the business. In answer to
a question by Mr. Deaken he said that at
that time, September, 1593, his brother, A.
G. Smart, would not deliver merchantable
lumber of any kind in the railway yard
here for less than sll per thousand. To
this must be added the charges for trans
ferring. trucking and drayage. This was
for "easy ” sizes. He did not consider the
bill filled by Mayor McDonough "easy
sizes.” As to the price for prime lumber
12x12, same sizes as charged at sl3 in Mr.
McDonough's bill, he would not have de
livered the lumber for less than $14.50.
The prices named by Mr. Smart for lum
ber were somewhat higher than those at
which Mr. McDonough billed the city.
Mr. Comer was put on the stand again.
He said that the Central railway alwavs
called for bids for lumber delivered on its
line. From Midvine to Savannah the
freight was sl4 a car. varying from $2 00
to $2.50 rer thousand. He bought a great
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deal of lumber from Smart Bros., who
transported It over their own line to Mid
vllle where they delivered It.
William Donnelly was examined as to
the hire of team*. He said in reference to
certain charges for teams made by Mr.
O'Brien, that he considered them reason
able. He contradicted Mr. Deaken on some
statements as to what he had said, during
the day. He proved a poor witness for Mr.
Deaken,
Chief Fireman Puder was examined as
to horses purchased for the fire depart
ment from Mr. O’Brien. He explained a
horse trade made by Mr. Dixon when
chairman of the fire committee. He ob
jected to a horse purchased from Mr.
O’Brien. The horse was returned and Mr.
O’Brien furnished a better animal, for
which he was paid SSO additional. Chief
Puder said the city paid from $.710 to SO2O a
team or horses for the fire department.
He said in answer to a question from
Maj. Meldrim that he frequently obtained
the use of horses from Mr. O'Brien free of
charge.
W. B. Robertson, a partner of Mr.
O'Brien was examined as to a horse
trade which he made with the city. Mr.
Robertson bought a horse one day or slls,
and sold him to the city the next day for
$2(10. Mr. Robertson said he bought the
horse at a bargain from a man who
wanted to leave the city, and that such
trades were not unusual with him. Mr.
O'Brien had nothing to do with the trade,
and knew nothing of it until afterwards.
Alderman Wells was examined by Mr.
Deaken. Mr. Wells stated that he did
not approve Alderman O'Brien’s bill for
four mules for the street and lane de
partment because he had not seen the
mules and did not know whether they
were worth that amount of money or not.
He gave an account of his conversations
with Mr. Guilmartin and Dr. Harris
with regard to the purchase of mules for
the scavenger department.
Alderman Harris was examined by Mr.
Deaken with regard to his conversation
with Mr. Guilmaxtin. Alderman Harris
said he told Mr. Guilmartin he did not
buy mules by specification; that if he
had any mules he would be willing to
give them a trial, as he did with other
dealers.
Mr. W. D. Krenson of J. D. Weed A
Cos., and Col. W. J. Winn, city engineer,
were examined without bringing out any
thing material as to the prices of yellow
metal and lead.
Mr. Younglove of Younglove A- Good
man testified that he had examined the
mules sold .to the city by Alderman
O'Brien, and he considered them good
mules, and worth from $l5O to $175.
Capt. James Manning, superintendent
of water works, testified that in August,
ISOS, he asked for prices on lead. Palmer
& Cos. made him a price of 5 1 :> cents a
pound, and McMillan Bros. 5 cents a
pound. He bought from the latter. They
also stored It for him.
Mr. John Rourke testified that the price
charged the city by McDonough A- Bal
lantyne for labor was less than his reg
ular charges HI-.' similar work, also that
his bid for repair work on the city tug
Theckla was considerably higher than
that of McDonough A- Ballantyne.
Alderman Harris said in reference to a
proposition made by Alderman Baldwin
to sell him mules for the city, that Aider
man Baldwin said his firm had some
mules up the eountVy which they wanted
to dispose of.
Alderman McMillan said that prior to
going on the board his firm enjoyed some
trade from the city. After he was elected
alderman he continued to- sell the city,
never dreaming that he was violating
any rule of council, and he did not feel
yet that he had done so In spirit.
"I can say conscientiously that I
have never solicited a dollar's worth of
trade from the city. Col. Winn asked
me to get prices on yellow metal and lead,
which I did.”
Mr. McMillan said that if Mr. Guilmartin
had gone further he would have found
that most of the city's fathers had had
dealings with the city. Aldermen Myers
and Mills had loaned the city money at
Interest when It was wanted, and nothing
was ever thought of It.
Mr. Meyers objected very seriously to
Mr. McMillan’s statements as to the
dealings of the National Bank of Savan
nah of whch he is president, with the
city. He had done this at the request of
council, he said, and he considered Mr.
McMillan's statement a reflection upon
him.
Mr. McMillan stated that he had no
intention of reflecting upon Mr. Myers.
Mayor McDonough said he was willing
to abide by the decision of the board. It
had been charged that the prices charged
by him were exorbitant and if the mem
bers of the board thought so he was will
ing to step down and out.
Alderman O Brien said he had no state
men to make.
Maj. Meldrim said that at the late hour
he did not care to enter Into any argument
and w as w illing to let the case rest on the
evidence.
Mr. Deaken said he did not desire to en
ter into any argument, but he contended
that rule H of council had been violated
and that the evidence had so shown very
plainly This rule said that no member
of council should be interested directly or
Indirectly in any contract with the city.
A bargain was a contract and no coun
sel would contend otherwise. Even had
these members sold for less than
other dealers, the rule would
have still been violated. They
might have fallen Into this because
It was the custom, and other aldermen
had done so before them, but all the
same the rule had been violated. It was
to be hoped that this investigation, he
said, would prevent such violations In
the future. As to whether the charges
had been higher than the market prices,
the evidence was contradictory. If only
one Item was proven where a higher
price was charged the city than would
have been the case had there been a
request for bids, it proved the case. He
I claimed that the point was clearly proved
where a horse was sold the city by a
partner of Alderman O'Brien's, although
Alderman O’Brien was absent from the
city at the time. Alderman O'Brien, he
said, had sold the city four mules for
$175 each, which cost hinj from $92.50 to
$125. Mr. Wells, the vice chair
man, had refused to approve
the hill, and Alderman O'Brien
had approved tho bill himself. What
could be more clearly proven? Mr. Dea
lton brought up the other instances where
Mr. O'Brien's dealings with the city ap
peared to be in violation of the rule. This
thing would not do, and should not be
allowed, he said. The rule should be
maintained. It had been openly and no
toriously violated. It would be well for
the city, if nothing else should result
from the investigation, that the rule
should be established and observed here
after.
There was some discussion among the
aldermen as to whether they should
make up their verdict at once or ad
journ over to another day- It was then
2:30 o’clock. The suggestion of Mr. My
ers that the members who were sitting
upon the ease should adjourn to the
mayor’s room and make up their ver
dict, was accepted.
At 3 o'clock the eouncilmen re-entered
the room. Mr. Mills stated that the
board had gone very carefully over the
charges made by Mr. Guilmartin. The
finding of the board was read by Mr.
Denmark as follows:
The charges made by Mr. J. F. Gull
martin against his honor, the mayor, and
Aldermen McMillan and O’Brien involve
a violation of Rule No. 14. The parties
charged make admission in their written
answer which show that said rule has
been technically violated, and we
so find, but there has been
no proof showing any intention of
violating said rule, or any other rule of
council, and we find that there has been
no Intentional violation by the parties
charged and there is no proof that the
city has sustained any loss or damage in
the premises.
“Therefore be It resolved. That the Hon.
John J. McDonough and Aldermen Mc-
Millan and O’Brien be and they are here
by completely exonerated from all of the
charges made against them, and each of
them.”
COL. WAY GIVEN 84,000.
A Majority of the Jurors in His Favor
and the Others Came Over.
The sealed verdict In the Way Insur
ance case was opened yesterday morning
when the city court convened at 10 o'clock,
and it was found that the jury had given
the plantiff SI,OOO, which, as stated in yes
terday's Morning News was a sort of a
compromise among the jurors, as other
wise a mistrial would have been inevita
ble.
The jury went out at 7:15 o’clock on Wed
nesday night and on the first ballot stood
7 for the plaintiff and 5 for the defendant.
They were pretty well divided as to
amounts, but the plaintiff's jurors stood
strongly in his favor, and not one of them
yielded until it was found necessary to
agree to the compromise in order to reach
a verdict at all.
After several more ballots, taken at in
tervals of half an hour or an hour, one of
the defendant's juror's came over and the
count stood eight to four in the plaintiffs
favor. Then two others came
over to the plaintiffs side and
were willing to make conces
sions. The remaining two, however
stuck it out until Thursday night when
they finally agreed to a compromise on
SI,OOO, this being $2,225 less than the total
amount sued for, and SSOO less than the
face value of the two policies combined.
Cots had been ordered for the jurors and
thhr supper had been furnished, and most
of (hem had come to the conclusion that
they were there for a good 72 hours sitting
On account of the fact that the trial of
this case has already cost the state SSOO
or more for jurors' pay and other costs in
cident to such a trial, there is little doubt
that they would have been kept there
until it was seen that there was abso
lutely no possibility of their reaching any
verdict.
The suit was brought In Mrs. Way's
name against the Western Assurance
Company of Toronto, Canada, on account
of the fact that the property and the in
surance policies as well were In her name
One of the policies was for $3,500 on the
household furniture and ornaments, and
another for SI,OOO on the residence at Beau
lieu. which was destroyed by fire in Feb
ruary, 1893. There was also sued for sl,-
123,. the 25 per cent, of the face of the poli
cies allowed under the state code w hen an
Insurance company acts In bad faith and
falls or refuses to pay a policy without
good and sufficient grounds, and SSOO was
also asked as attorney’s fees.
The basis of the defense was a fraudu
lent overvaluation of the property lost,
and it may have been that some of the
jurors considered some of the articles too
highly valued, that Is higher than they
could be purchased for at the present day,
and for this reason did not see fit to allow
the damages and attorney's fees. The
case was a long one, but in many respects
interesting, Col. Way's testimony having
been heard with a great deal of interest
by many spectators who gathered In the
court room from day to day. Ten actual
court days were consumed in the trial and
another was taken up by the jury in its
consideration of the case before a verdict
was reached. This made the actual cost
to the state In Jury fees alone S2BB, $24 of
which goes to the other twelve jurors who
wore called on the first day of the trial
but did not serve In the case.
Mr. John Nlcolson, Jr. fought the case
nobly for the plantin' and what he has won
has not been without careful study and
hard work. Doubtless, however, he is
scarcely satisfied with the result as he was
confident of securing the full amount ask
ed. Mr. R. R. Richards, for the defen
dant, is confident that he has a strong
case and he will recommend that it be car
ried up to the supreme court. Mr. J. A.
Sullivan, the company’s adjuster, says the
company has taken a stand in the matter
which it is confident of maintaining and
that it will not be given up until the last
resort -has been reached. The chances
then are that the supreme court will have
to finally decide the case nothin a short
time In case Judge MacDonell refuses to
grant anew 7 trial.
The impression seems to prevail with
some that the verdict of $4,000 was no more
than was shown to have been offered
by the Insurance companies as a compro
mise. This, however, is a mistake. Be
sides the policies of $4,500 with the West
ern Assurance Company of Toronto, Mrs.
Way had $2,500 insurance in the British
America. These companies are repre
sented by the same general agent In At
lanta, Mr. D. M. Tucker, by the same
adjuster, Mr. J. A. Sullivan, and the same
agent here, Mr. Gratz Myers. The ag
gregate insurance with these agents,
therefore, was $7,000, and It is for this
amount that the compromise of $4,000
was stated to have been offered by the
agents representing these companies. The
$2,500 policy is now in the hands of ap
praisers, and if a verdict in the same pro
portion had been rendered on both these
policies the plaintiff would have been
given $6,222.22.
LOCAL PERSONAL.
Capt. J. F. Wheaton, Mr, G. A. Nicoll
and Mr. H. L. Kayton were passengers on
the City of Augusta yesterday for New
York.
Thomas A. McKee, business manager
for Robert Downing, is in the city. Mr.
Downing will appear at the theater Fri
day, Jan. 25, in The Gladiator.
Mrs. Eliza C. Wayne Dead.
Mrs. Eliza C. Wayne died yesterday
morning at the residence of her daughter.
Mrs. L. M. Warfield, at Abercorn and
Taylor streets, at the age of 85 years.
Mrs. Wayne was one of the best known
ladies in Savannah. She was the widow
of the late Thomas S. Wayne. She leaves
a large family connection. She was a
devoted Christian lady and a member of
Christ church. Her funeral will take
place at 4 o’clock this afternoon. The
Interment will be in Laurel Grove cem
etery.
A Child Enjoys
The pleasant flavor, gentle action and
soothing effects of Syrup of Figs when
in need of a laxative and if the father
or mother be costive or bilious the most
gratifying results follow its use so that
it is the best family remedy known and
every family should have a bottle on
hand.—ad.
Lea’s Birthday.
Appel & Schaul have created another
seasonable sensation by the display of ap
propriate to the occasion of the anniver
sary of the birth of Gen. Robert E. Lee
In the window is represented Gen. Lee
mounted on an iron gray horse, with his
hosteler by his side. There's a drummer
boy. and other figures representing char
acters of the war. Many interesting relics
are also displayed in the window.
Oak, pine and lightwood for sale at
low figures. Call up telephone 77. R. B.
Cassels.—ad.
Probabilities for Saturdav rl. "
fair, warmer, winds generally soA-?.';*
KAOS
ALL OUR PUK3S. :
all our orsans. :
ALL OUR MUSIS. :
All tangled up. Did you ;
ever see such a muss? ;
Half our immense stock i
in the new store, half i n ;
the old store, the rest on :
the way, and both stores ;
a chaotic jumble; worse
than the creation itself.
But out of confusion
Order Will Reign,
and that right soon By Tuesday
our Music will be in its shrives, and
we ran again wait upon costumers.
By Thursday our small Musiral 1,,,
stniments will be ready. Pianos and
Organs in shape by Wednesday.
Office and Headquarters will mors
Thursday-
All settled acd ready for visitor,
and friends on Monday, Slst.
Plano Forte Lecture-Recital by
Edw n Bader Perry on TUESDAY
RIGHT, Jan. 22, in our new ware
rooms.
Ludden & Bates,
CLOTH NG.
Hercules
Never
Wore
A Shirt. The “Manhattan’’
was not invented then, and
Hercules was a man who
wore THE BEST, OR NONE.
We have them in stock or
made to measure. If you want
the best Shirt and best fit
try the Manhattan.
COAL AND WOOD.
0OAL! har “nd oft
FULL WEIGHT
—and—
WELL SCREENED.
BOKO, HARBISON & C 0„
TELEPHONE 507.
Office and Yards, River Street.
COAL AND WOOD
Promptly delivered at lowest market prices
D. Ft. THOMAS & SON,
111 Bay street. West Broad street wharvei
Telephone No. 69.
Bund!© Wood,
Just the thing for storekeepers. Goal and
Wood of every description for sale at lowest
market prices
nm _ C. H. DIXON &CO
Office and yard foot of Lincoln street
Telephone 68.
Cl OTBIN3.
See the
Lee Birthday
Window.
You are invited to
come and take a look
at our “Lee’s Birth
day” windo w. It’s
attractive and inter
esting.
So are the Suits and Overcoats
displayed In our store. Come and
use your own judgment here to-day.
There's lots of attractive things
here at attractive prices.
APPEL & SGHAUL.
PAINTS AND OILS.
Headquarters for Plain and Decorative Wail
Paper, Paints. Oil. White Leads. Varnish,
Glass, Railroad and Steamboat Supplies,
bashes, Doors, minds and Builders' Hardware,
Calcined Plaster. Cement and Hair.
SOLE AGENTS FOR LADD'S LIME.
tttOecgresa street and 139 St. Julian streak
Savannah, Georgia.
L. a. McCarthy,
46 DRAYTON STREET,
filler, Siei ifl Gos Filler.
, and , Gas Fittings, Chandelier*
Gloats, all kinds of plumbing supplies.
I Lovely
Flnwopc Beautiful designs bou
-1 IUhCI 3 quets plants and cut flow
ers Leave orders at Rosenfeld & Murray a,
Whitaker St.. or Telephone 240. K4ESLISG
Belt Line railway for nursery on Whit*
Blufi road.