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The Fitzgerald Leader €
Vol. XV
City Court Adjourned Today;
Many Cases Disposed
The May terra of city court ad¬
journed today, after an exceeding¬
ly busy session, during which the
following cases were among those
to come before the court: Crim¬
inal:
The State vs. Johno O’Neal—
Carrying concealed weapon; plea
of guilty.
The State vs. Jas. Crosby—
Wife whipping; plea of guilty.
The State vs. Elbert Roberson
—Assault and battery; plea of
guilty.
The State vs. Elbert Roberson
—Wifewhipping; nolleprosequied.
The State vs. John Brantly—
Carrying concealed weapons; plea
of guilty.
The State vs. John Brantley—
Pointing pistol; nolle prosequied.
The State vs. Mose Hill—Cheat¬
ing and swindling; settled upon
payment of cost.
The State vs. Brown McCall—
Cheating and swindling; settled
upon payment of cost.
The State vs. Willie Wilburn-
Simple larceney; Verdict of guilty.
The State vs. Ham Hays—Vag¬
rancy; verdict of guilty.
The State vs. Jake Howard—
Cheating and swindling; verdict
of guilty.
The State vs. La Nora Barron—
Assault and battery; plea of guilty.
The State vs. Ed Neely—Gam¬
ing; plea of guilty.
The State vs. Lewis Johnson—
Gaming; verdict of guilty.
The State vs. Chas. Cooper-
Misdemeanor; plea of guilty.
The State vs R. Sampson—Gam
ing; plea of guilty.
The State vs Joe Wilson—Sim-
pie larceny; verdict not guilty.
The State vs Lutha Brawn —Il¬
legal sale of liquor; verdict not
guilty.
The State vs Herbert Mathis—
. Simple larceny: verdict not guilty.
The State vs Florence Hester—
Cheating and swindling: bond for¬
feited.
The State vs Dan Hester—cheat¬
ing and swindling: bond forfeited.
The State vs Zack Wiedbush—
Gaming; noli prosequied.
The State vs Mary Clnte—Mis¬
demeanor; verdict not guilty.
The State vs E. Christopher—
Misdemeanor; nolle prosequied.
- The State vs J. J. Pugh—Car¬
rying concealed weapons; verdict
not guilty.
, The State vs G. R. Putman—
Carrying concealed weapons; plea
of guilty.
The State vs G. R. Putman—
Illegal imprisonment; nolle prose¬
quied.
The State vs Charlie Smith-
Larceny from the house; discharg¬
ed on demand.
The State vs Kid Towne—Va-
grancy; bond forfeited. Judg¬
ment for cost and discharged upon
demand.
The State vs Tom Darden—Ma¬
licious mischief; nolle prosequied.
The State vs Care Ray—Assault
and battery: nolle prosequied.
The State vs Thad Williams—
Illegal sale of liquor; nolle prose¬
quied. State Robt. Tozel—Sell¬
The vs
ing intoxicating liquors; verdict
, not guilty. State John Shultz—As¬
The vs
sault and battery; bond forfeited.
The .State vs Charlie Jones—
Gaming; Plea of guilty.
The State vs Charlie Jones—
Gaming; nolle prosequied. Florence Hester—
The State vs
Cheating and swindling; verdict
guilty.
The State vs Dan Hester—
Cheating and swindling: nolle
prosequid.
Fitzgerald, Ben Hill County, Georgia, Friday, June 3, 1910.
CIVIL, CASES.
J. B. Clements vs. C. E. Crawley
—Suit on note; non suit.
J. S. Byron vs. C. C. Bowers,
John Huff Garnishee—Garnish¬
ment; j udgement against garnishee.
Lon Dickey vs. Ben Hill and
Irwin County Medical Asso.—
Suit on Contract: verdict for
plaintiff.
I. O. O. F. Lodge No. 35 vs.
Markey Syndicate Co. Universal
Adding Machine Co. claims—Ver¬
dict for plaintiff.
T. R. Conklin vs. W. L. Davis
—Dispossessor warrant; dismissed
for want of prosecution.
B, Dickerson vs. B. C. Mosher
—Suit on note; verdict for plain-
tiff.
Whaley & Rivers vs. H. G.
Powell—Suit on Acct.; verdict for
defendant.
Macon Mattress Mfg. Co. vs.
Clark Co. —Suit on Acct.; settled.
Southern Conopy Co. vs. Clark
Co.—Suit on Acct.; judgement for
plaintiff.
First National Bank vs. I. J.
Minshew & R. C. Kirkland—Suit
on note; settled.
J. K. Livingston vs. D. L.
Martin—Suit on contract; con¬
tinued, awaiting disposition of
court of appeals in similar case.
G. F. Moore vs. G. W. Laddin—
Suit on contract; Dismissed for
want of prosecution.
G. F. Moore vs. Geo. Weerns
and W. S. Minshew—Suit on con¬
tract; dismissed for want of prose¬
cution.
I). B. Ware vs. H. G. Powell—
Trover; verdict for plaintiff.
Mattie Williams vs. Cortez
Bazetnore—Trover; verdict for
plaintiff.
J. L. Livingston vs. A. B. C.
Dorminy—Suit on contract;
settled.
C. M. Anderson vs. N, N. & C.
B. Shepherd-“Distress Warreut;
settled.
Needham Piano Co. vs. Clark
Co.—Suit on contract; verdict for
plaintiff.
Martha E. Pearson vs. C. R.
Elsea—Attachment: withdrawn.
Southern Realty [& Investment
vs. Isidor Gelders—Disposses-
warrant; withdrawn.
Fletcher & Branch vs. Mrs.
Amie L. Beckham—Suit on note;
O. H. Elkins Adm. vs. M. E.
Philips, Ida E. Harris—Suit on
dismissed by plaintiff.
F. S. Dismuke & Co. vs. A. B.
Cook—Continued.
3rd. National Bank vs. A.
Dorminey & Paulk—Suit on note;
settled.
Darmenberg & Co. vs. Earlie
Gibbs—Suit on note: settled and
judgement for cost.
Limpott Scales & Co. vs. ^ . S.
Gibbs & ‘Co.—Suit on Acct.; de¬
fault judgement.
Joiner & Tuttvs. J. C. Fussell-
Suit on cotton contract; in default.
Hancock Bros. vs. Y. S. Gibbs
& Co.—Suit on note in default.
Joiner & Tutt vs. Stephen Mc-
Innis—Suit on contract: in default.
F. J. Hansen vs- Phoenix Ins.
Co.—Demurrer plea answer.
F. J. Hansen vs. Phoenix Ins.
Co.—Demurrer plea & answer.
J. W. Raburn vs. Brooks Davis
—Trover; in default.
Paulk Hdw. Co. vs. J. B. Ben¬
nett, J. N. Giddings, Garnishee—
Judgement against garnishee.
T. C. Mitchell vs. American
Construction Co.—Attachment; in
default.
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Famous Disbarment Case Ended
Last Week at Indian
Haygood ft Cutts, Prominent Attorneys of this City, Ordered
Dissolve Alleged Sham Corporation, Dismissing All Pond¬
ing Cases In Which It Figured
The disbarment proceedings
the case of John W. Haygood and
Eldridge Cutts, attorneys of this
city, reached a close last Friday,
May 27th., when Judge Emory
Speer of the United States Circuit
Court, sitting at Indian Springs,
decreed that the said John W.
Haygood and Eldridge Cutts, who
practice law under the firm name
of Haygood and Cutts, be dis¬
barred from practicing in the
state and federal courts of the
United States, uuless within the
next sixty days they dissolve the
corporation known as the Southern
Realty and Investment Company,
dismissing all pending suits in
which that corporation figures and
paying the court charges.
The petition to strike these at¬
torneys from the roll of attorneys
was brought by Isidor Gelders of
this county and Emeline Hall of
Wilcox county, whose petition
shows:
“That the said John W. Hay¬
good and said Eldridge Cutts are
not fit and proper persons to be
attorneys, counselors, solicitors,
proctors, and advocates of this
honorable court, and have not re¬
spected and kept the oath of office
that they took when admitted to
the bar of this honorable court to
uprightly demean themseives as
such attorneys, counselors, solici¬
tors, proctors, and advocates, but
have been guilty of conduct unbe¬
coming and improper for members
of the bar of this court, and have
practiced a fraud in this court,
and your petitioners, and others.”
This case is one of state-wide
interest and during the four years
that it has been pending has been
closely watched and followed not
only by the profession and press
of the state but also by many in¬
dividuals. It is, however, of more
interest to residents of Ben Hill,
Irwin, and Wilcox counties than
to any other section as it is these
persons, principally, who have
been harassed, according to the
evidence, by the operations of
this alleged sham corporation,
which is chartered under the laws
of South Dakota, and of which
John W. Haygood and Eldridge
Cutts are the sole owners.
The petition of Isidor Gelders
and Emeline Hall shows that this
fictitious corporation was formed
in 1904 under the laws of the state
of South Dakota, and that their
only object and purpose was the
buying of outstanding titles to
tracts of land in the southern dis¬
trict of Georgia and bringing suits
for the same in the name of said
corporation in the Circuit Court
of the United States tor the South¬
ern District of Georgia against the
tenants in possession of said tracts
of land.
In the name of this corporation,
The Southern Realty and Invest¬
ment Company, the evidence sub¬
mitted shows that they, John W.
Haygood and Eldrige Cutts,
fraudulently got possession of the
titles to numerous tracts of land
in this section, thereby victimizing
the unsuspecting parties to whom
the property rightfully belonged.
The disbarment proceedings
against the attorneys were brought
by Isidor Gelders and Emeline
Hall as a result of transactions
they had had with Haygood and
Qutts in the name of the Southern
Realty and Investment Company,
the following extracts from the
original petition throwing light on
the subject:
“6. That thereafter, to-wit:
the 23rd day of January 1906, the
said John W. Haygood and the
said Eldridge Cutts in and
executing the aforesaid fraudulent
scheme, combination, and conspir¬
acy and to effect the objects there¬
of, purchased from Mrs. Glory
Cohen an alleged title to two lots
of land in the city of Fitzgerald
for the price of $175.00 and took
a deed in the name of said corpora¬
tion, expressing a consideration of
$1500., and a short time thereafter
brought suit in the Circuit Court
of the United States for the South¬
western division of the Southern
District of Georgia, against your
petitioner, Isidor Gelders, for said
two lots, he being in possession of
same bonafide, claiming to be own¬
thereof, which suit is now pend¬
ing and undisposed of in the court
“7. That thereafter, to-wit:
on the 10th day of February 1906,
the said John W. Haygood and
the said Eldridge Cutts in and for
the executing of the aforesaid
scheme, combination and conspir¬
acy, and to effect the objects there¬
of, secured a deed from Mary A.
Ham and S. A. Conner to said cor¬
poration of Blocks D.and K.in the
city of Abbeville, Wilcox county,
Ga. , with an alleged consideration
of $2500, whereas the true consid¬
eration was that said John W.
Haygood and the said Eldridge
Cutts should bring a suit for re¬
covery of said lots, and for a fee
contingent upon the recovery of
the same.”
“8- And that thereafter, to-wit:
on the 14th day of April 1906, the
said John W. Haygood and said
Eldridge Cutts filed in the United
States Circuit Court for Western
Division of the Southern District
of Georgia, suit in ejectment
against your petitioner, Emeline
Hall, for the recovery of said lots
of land, which said suit is now
pending and undisposed of.”
The case as brought by
Isidor Gelders and Emeline Hall
has been pending for several
years, and their ultimate victory
of last week does not only benefit
them by saving the aforesaid
property for which the Southern
Realty and Improvement Com¬
pany was suing them; but the
evidence shows that there are
possibly half a hundred or more
persons in this section whose
situation is precisely identical with
that of Gelders and Hall, inasmuch
as they had become entangled with
the sham corporation and their
property was endangered,as pend¬
ing suits were likely to result un¬
fortunately for them. But with
the decision of the court at Indian
Springs last week, they are now'
safe, as the defendants, Haygood
and Cutts, announced as soon as
the decision was reached that they
would take immediate steps to
dissolve the corporation in ques
tion and to dismiss all pending
suits: choosing this course to that
of disbarment.
Attorneys for the plaintiffs in
the case were Akerman and Aker-
man, of Macon, and the defend¬
ants had as their counselors,
King and Spalding, of Atlanta.
In an interview with a Leader
representative Thursday, the de¬
fendants, Messrs Haygood and
Cutts, stated that,notwithstanding
the decision of the Circuit Court
they still have hope of clearing
Six Girls and One Boy
Will Receive Diplomas
Class 1910
ment Pla.y High
School Campus
Tuesday, June 4
The Class of 10 has established
a precedent by giving a commence¬
ment play. This will come off
Commencement week, Tuesday,
June 7, at 8 o’clock. For this
purpose a 75 foot stage has been
erected on the High School grounds
and will be suitably lighted, that
part of the grounds will be proper¬
ly enclosed and everything done
for the comfort of the audience.
No efforts have been spared to
make the entertainment a great
success and the cast, comprising
some 150 people, all High School
and Crammer grade pupils are
working faithfully. Orchestra
will supply music. Reserred seat
tickets on sale at Adams Candy
Kitchen. Tickets: 50 cents "re¬
served seats, 25, 15 for children.
First M. E. Church
At the First M. E. Church
□ext Sabbath the sermon themes
will be—Morning—“The Charac¬
ter of a Christian;” Evening—
“The Fundamental Message of
the Gospel.” Services at the
usual hours (see church directory.)
The general public, especially
strangers, will find a cordial wel¬
come at every service.
E. J. Hammod, Pastor.
Notice
Notice is hereby given that be¬
ginning next Sunday, June 5th.,
the hour for the Sunday School
service at Saint Mathew’s Episco¬
pal Church will be changed from
4:00 p. m. to 10:00 a. m.
themselves in the public eye and
that immediate steps would be
taken to that end in the meantime,
however dissolving thecorporation,
The Southern Realty and Invest¬
ment Company, and dismissing
all pending cases in whichit figures.
Judge Speer’s remarks in ren¬
dering his decision in th§ case,
which has received wide comment,
ended in the following manner:
“Thus it comes to the attention
of this court that these members
of the bar of this court are pro¬
ceeding to harass people of this
state by the utilization of the pow¬
ers of a sham corporation. While
this is done in the courts of the
state, it is disrespectful and dis¬
obedient to the ruling of this
court, and of the supreme court,
both of which have jurisdiction of
the persons of the respondents,
and their misconduct with regard
to judgments to which they were
and are parties.
As attorneys and parties in this
court, they cannot be allowed to
disregard its solemn and final de¬
termination. They cannot be al¬
lowed to persist in their error
when that lias been judicially poin¬
ted out. However sincere may have
been their original view of this
corporation, that sincerity cannot
protect them now.
“It is with much regret, for
these reasons the court must decree
that thev be disbarred from this
court, unless within 60 days they
effectually dissolve that corpora¬
tion, and dismiss all suits brought
in its name.
“It is just to say that the res-
pondents, through their counsel,
at once agreed to dissolve the
poration, and to strike its name
, from their suits."
Number 37
There is only one more week of
school for the Fitzgerald boy and
girl before the summer vacation,
as the spring term will end next
Friday night June, 10th when
the graduating exercises are
scheduled to take place at Central
Christian church.
Those who will receive their
diplomas are: Miss Eva Forbes,
Miss Irene Jone3, Miss Hazel
Tisdel, Miss Nelle Frazer, Miss
Helen Osborne, Miss Mildred
Saunders and Mr. Milton Cohen.
That the exercises will be inter¬
esting goes without saying, al¬
though we cannot give all the
details until next week’s paper
as the program is not completed.
The literary address will be de¬
livered by Judge A. W. Cozart,
of Columbus.
Mr. Milton Cohen is valedictori¬
an for the class of 1910; Miss Eva
Forbes, historian; Miss Irene
Jones, poet; and Miss Helen
Osborne, prophet.
The baccalaureate sermon will
be preached by Rev. Thos. M.
next Sunday morning,
5th at the Central Methodist
Local Show Will
Play In Ocilla
“My Turn Next,” the farce-
comedy production that was pre¬
sented twice at the Family Thea¬
tre last week, being played by
local talent under the direction of
Miss Alexander, scored such a de¬
cided hit that the Family Theatre
at Ocilla has requested the “com¬
pany” to give the play in that city;
and arrangements have been per¬
fected for its presentation next
Monday night.
It is expected that a large crowd
from this city will go .over to
Ocilla with the performers and
the affair will be very much in the
form of a picnic, as the F. O. &
B. Railroad will run a special
train to bring the visitors home
after the show. The train leaves
this city Monday afternoon at 6:45
o’clock and will return about mid¬
night.
The party will be chaperoned
by Miss Alexander and Miss
Stewart and they authorize us to
state that the public generally is
invited and urged to join the
party. The fare for the round
trip will be 50c, which also admits
to the show. Further information
as to the trip can be obtained by
conferring witli Miss Alexander.
Barvk Deposits
GYia.ra.nteed
The most practical plan of
guaranteeing bank deposits that
has yet been devised is now being
furnished by the Fidelity and
Casualty Company of New York,
the strongest bonding company in
America.
This plan has been adopted by
the Third National Bank of this
city and has been adopted by some
of the largest banks of the coun¬
try.
Under the bond, which is held
by the bank, absolute protection
is furnished the depositor, with¬
out extra charge, the usual rate
on Savings Deposits being paid.
Bank depositors, especially Sav¬
ings depositors, will be interested
in this form of guarantee as it not
ortly affords the protection to the
depositor but indicates the conti-
dence of the large bonding compan-
in our banking system.
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