The Savannah morning news. (Savannah, Ga.) 1900-current, December 17, 1904, Page 9, Image 9

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STOCKHOLDERS ARE BEING SUED CASE OPENS AT AMERICUS BUT A COXTISUAJiCE TILL FEBRU ARY IS GRANTED. Can* la That of Creditor* Against Former Stockholders of the De funct Bank of Americas— Stock holders ore Sued Under a Charter Clause That Is Alleged to Ren der Them Individually Liable. Probably SIOO,OOO Is Involved in the Case. Americus, Ga., Dec. 16.—The cele brated Bank of Americus case, where in former stockholders are being sued under a charter clause that is alleged to render them individually liable for the bank’s indebtedness, was entered upon here this morning. Judge William L. Spence presiding. After counsel for defendants had en tered demurrers to the declaration of the plaintiffs, counsel for the latter amended their original declaration, whereupon the defendants’ counsel asked for a continuance until this amended declaration could be investi gated. The court thereupon grant ed a continuance until February. Eminent attorneys of Atlanta, Sa vannah, Macon, Columbus and Amer ieus appeared in the case this morn ing and the legal fight will be stub bornly waged in February. The case involves prohab'y SIOI.OOO, as the in debtedness of the old bank was very large at *ime of its failure, twelve years ago. The defendants to the suit are scattered over the country gen erally and include many banks North and South, which held as collateral the stock of the defunct bank. RULE NISI AGaTnS'T’ ATTORNEY J. E. MYRICK. Alleged That He Failed to Defend Client Who lind Retained Him. Valdosta, Ga., Dec. 16. —Attorney John E. Myrick of Savannah was call ed before Judge Emory Speer here in answer to a rule nisi, ordering him to show cause why he should not be held in contempt of court for failing to ap pear to defend a prisoner who had retained him as counsel. The rule was served on Mr. Myrick by Deputy Mar shal Joseph F. Doyle of Savannah. The matter came to the attention of Judge Speer, when W. R. Smith, a prisoner, bound over to court by Com missioner Johnson, was called upon to come tc trial. Smith stated that he was a pauper and unable to employ counsel. He supplemented his state ment by claiming that the only mon ey which he had. the sum of sls, he had given to Mr. Myrick as fees for defending him against the indictment that had been returned. Since pay ing him the money Smith claims that he has been unable to communicate with Mr. Myrick. Judge Speer questioned the man closely and then ordered the rule against Mr. MyrlcH, issued. The papers were forwarded to the deputy mar dials in Savannah at once and ordered served. Mr. Mvrlck claims that when he learned the case had been set for trial he found It would be impossible for him to reach Valdosta and conduct the defense, and thereupon he tele graphed to Smith, advising him of his inability to attend, and stating that ho would reimburse any attorney that was appointed by the court to defend the prisoner. A local attorney was appointed, but the rule was issued against Mr. Myrick, to show cause. The receipt of the telegram from Mr. Myrick is acknowledged, but it is claimed that when he sent the tele gram he knew that his client was still in the jail at Savannah, where he was held by order of Judge Speer. The alleged failure of the attorney to communicate with Smith is con sidered a grave offense and it is be lieved that he will be severely dealt with if unable to show' cause why he should not be adjudged in con tempt. At the March session of the court In Savannah, Mr. Myrick was ruled to be in contempt because of his curs ing Deputy Clerk S. F. B. Gillespie and interfering with him in the dis charge of his duties. An apology in open court was offered by the at torney and in consideration of this Judge Speer suspended the sentence that had been imposed. At that time he fined Mr. Myrick $25. It is be lieved that the court will take this first offense into consideration In imposing sentence for the present of fense. In connection with the Myrick case it is rumored that action may be tak en against another Savannah attor ney. Three negroes who plead guilty Prince Fushimi as Viewed in His Daily Routine _ 1 New York, D*c. 16. If you did not know that Prince Fushiml was the adopted hrother of the Mikado and naat to him In Japan's royal rank you would naver suspect It from the fashion In which he rule* his dally Ilf* at th# Hotel Ht. Regis, where h* and his suit# are occupying the state apartments. Although accompanied by an Imposing staff, which looks after his smallest needs with scrupulous nicety, his routine Is of tbs simplest and his Interest* ar* confined to careful observation and study of the American mod* of life. Asa Tula the Prime rises at that of the average American, and he d< vot his mornings to his correspondent# and In llalsnlng to his various “♦'■retort*# reading tk# newspapers to hliu. After luncheon, which Is taken at about If I* o'clock, sod Is rather light, th* Print# either driv#a In the park or Visits places of lo ter eat. Tb*o b* take* an early dinner, usually about T o'che k. and uni.-as b* la a guest at some pai tl< ular eisl fur., lion, h spends the #v*niris with th# irusnb-r* of hi* staff, chatting about what be baa saan during the day, espreaatug hi* jilnltslMi for H* fork's hospitality and leading a tilth, but by U.N •• 11 o'clock, with ray# #*upUon*. he is abed. Continuation of Our Shirt Waist Sale TO-DAY, SATURDAY. _this opportunity. These goods formerly sold $2.00, $2. oO and $3.00, will be sold out at EST. DANIEL HOGAN to the charges against them claim that they retained a Savannah attorney to represent them at Valdosta, hut that he failed to put in an appearance. This complaint was reported to Judge Speer, and an investigation will prob ably follow. COLORED METHODIStThAD , ABUSY DAY. Alleged Shortage of Purchases Cans e<! a Sensation. Millen, Ga., Dec. 16.—The Georgia conference of the African Methodist Episcopal Church is holding one of the most interesting sessions in its history. To-day's proceedings were largely rou tine, but there were some features of more than ordinary interest. The district secretaries read their reports, all of which showed increase. More than $5,000 has been reported for the dollar fund alone. There are about $2,000 of other conference moniels,' and’ receipts for several thousand dollars sent to different departments. The Woman’s Missionary Society for the home and foreign work held its meeting yesterday. Jennie V. Sher man of Savannah, Florence Hadley and Fannie L. Pierce, are the executive officers. A tilt took place when Rev. T. W. Lively was called on to explain why he was short in his collections. Chargeß and counter charges were made. Revs. W. H. Wells. T. N. M. Smith and .T, H. Hadley addressed the conference, urging that "Brother” Lively make a satisfactory explanation, and “Brother” Lively paraded the church, lifted up his hands and shouted at the top of his voieo that Dr. Wells was the cause of the shortage. The latter's prominence in the conference was the cause of sighs when his name was mentioned. Bishop Turner left the chair and ask ed Dr. Pierce to preside. He ruled that some of the money collected by Rev. Lively belonged to another dis trict than the one at which it was reported. This ruling caused a sensation, and Bedlam broke loose. Some were call ing for Order, Dr. Pierce w#s pound ing on the table like a chairman of d 1 political convention and gesticulating. Finally Rev. Ed Mcßea, singer of plantation and evangelistic songs, broke loose with "One More River to Cross. The chief marshal. Rev. Mr. Brown, finally succeeded in getting the conference to sit down, and Rev. Live ly was ordered to explain before the Conference Dollar Money Committee. Rev. S. W. Ladson of Darien was also called on to explain a shortage. He attempted to lay the fault on his presiding elder. Rev. Pierce. The lat ter made a conservative speech. Dr. W. O. P. Sherman offered a mo tion that Rev. Ladson be reprimanded, and that he appear before the Commit tee on Effective Itineracy. Rev. Stinson held that the way the matter was going it would cause many to think that Rev. Ladson’s character was involved, and counseled thaj the conference drop the matter. Rev. W. D. Johnson. In referring to a letter that Rev. Ladson had written Bishop Turner, asked that the letter be read, and stated that if he had re flected on the Bishop he had reflected on the conference. At this time Rev. Ladson spoke In self-defense. A lively time is expected when the matter comes up finally, and it is expected to be the sensation of the conference. The missionary anniversary was held last night. Bishop Turner, Rev. J. A. Lindsay of Marietta, the Geor gia member of the board of missions, and Rev. W. D. Johnson of Americus were the principal speakers. Colored Boy Shot Playmate. Beaufort, S. C., Dec. 16.—At Kra mer’s village, about three miles from here, George Middleton, aged about 11, while playing with a loaded shotgun yesterday, is said to have accidentally shot In the throat and instantly killed. SAVANNAH MORNING NEWS: SATURDAY. DECEMBER 17. 1004. Rebecca Patterson, aged about 16. Both are colored. The gun was load ed with bird shot. QUARLES-’cobPER~’B ILL Was the Subject of n llenriiig Before a Senate Committee. Washington. Dec. 16.—The Quarles- Cooper bill permitting the Interstate Commerce Commission to fix railroad rates was the subject of a hearing held to-day by the Senate Committee on In terstate Commerce, at which Edward B. Bacon of Milwaukee was the prin cipal speaker. In response to an interrogation from Senator Tillman. Mr. Bacon said he was confident that the bill represents the wishes of the business interests in providing for suspending the finding of tlxe commission in cases of an ap peal. "Then,” said Mr. Tillman, ’you don’t agree with the President, who recom liiendS' that a rate fixed by the com mission shall go into Immediate ef fect.” In reply the witness said the Presi dent had not gone into details in his message, but Mr. Tillman replied that if he understood the English language he was certain that his construction of the message is correct. Mr. Bacon said in response to Sena tor Elkins that in case it should be ultimately decided that the rate fixed by the commission was too low the railroads would have no recourse on account of the loss sustained, but he agreed with Senator Tillman that such a condition would be no worse on the railroads than would a rate that is too high would be on the shippers. SAVANNAH MAN GOT DOUGLAS CONTRACT For Electric Lighting I’lnnt for the Town of Donglns. Douglas, Ga., Dec. 16.—Joseph S. Walker, president of the Electric Sup ply Company of Savannah, has secured the contract for the Douglas electric lighting plant, under terms not only satisfactory to the city administration that will go out by to-morrow's elec tion, but to the new Mayor and Board of Aldermen—C. E. Baker, Mayor; Judge F. Willis Dart, B. Peterson, Moses Griffin, William Denton and Dr. W. C. Bryan, aldermen, and prominent Douglas capitalists as well. CHARGE OF FORGERY Preferred Against Axford, and He Is Under Arrest, Danville, Va„ Dec. 16.—A special to the Register from Stuart, Va., says: John Axford, secretary and treas urer of the Stuart Manufacturing Company, has been arrested on a charge of forgery. Axford, who had got into financial straits, forged an acceptance of a draft from a New York person, in which state he formerly lived, for $1,200, which draft was cash ed by the First National Bank of this city. Forgeries for smaller amounts were made on concerns to which he was indebted. Axford was unable to furnish bail at the preliminary trial, and is now in jail at Martinsville. Allen Cucullu, cashier of the First National Bank, has been In Stuart for some davs, looking after the affairs of the company with which Axford -was connected. Hardin Was Hanged. Chester, S. C., Dec. 16.—Will Hardin, a negro who brutally murdered his aged father-in-law last September, was legally executed by hanging at noon to-day. He seemed to have neither fear nor remorse and went to the scaf fold silent and sullen. INDIAN RAN AMUCK. Killed Three Persons When erased By the Bite of a t oyote. Mexico City, Dec. 16.—A strange story of crime has been received from the small town of Tamazunehala in the state of San Luis Polosi. -\n Indian known as Cahuantzi, who was suffering from an attack of hy drophobia. encountered Vincente Stlva and the tatter's mother, who were com ing to town, and killed them with a long knife. The number of wounds in flicted is said to have been over twen ty to each victim. He then killed a shepherd. Rurales were sent out to capture the man, but when they approached him Cahuantzi tired upon them with a re volver. killing one and wounding an other. He was finally killed by the ru rales. Cahuantzi is supposed to have gone mad as the result of having been bit ten by a coyote some weeks ago. THANKS OF SOLDIERS* - HOUR, For Books Donated to the Old Sol diers' Library. Editor Morning News: The Confed erate Soldiers' Home returns thanks for the following books donated to the library: Thackeray complete, eleven volumes. "The American Year Book," 1904, from Mr. and Mrs. Robert J. Lowry, Atlanta, Ga.: "School History of the United States. fihe Memorial Volume of Jefferson Davis,” from the author. Dr. J. William Jones; "Christ in Camp," and valuable pamphlet. Richmond, Va.; books and pamphlets fx'om Gen. W. W. Gordon, Savannah, Ga.; "Lee and Longstreet at High Tide,” from the author, Helen D. Longstreet. The library lacks a large dictionary. There is no copy of Shakes peare or Dickens or any other stand ard fiction except Scott and Thackeray. One year’s subscription to one of the leading magazines would be a good Christmas present to make "the old vets.” There is now free delivery to the Home, and the express office is handy. Books by Georgia and South ern authors ought to be in the library— Joel Chandler Harris, Sidney Lanier, Frank L. Stanton, Will N. Harben, Thomas Nelson Page, Mary E. Bryan. KALOLA Continues to be praised by thousands for wonderful cures perfected. Kalola Cures Indigestion, Constipation, Liver and Kidney diseases by removing the cause. We have hundreds of testimonials by home people who have been cured by KALOLA. Half teaspoonful Kalola taken occasionally (before breakfast in half glass warm water insures perfect health and appetite. KALOLA removes all blotches and pimples from skin. Many young ladies in Savannah and elsewhere have been made PRETTIER by using Kalola. “Take Kalola Six Days and Eat Anything Yoa Want/' Not equaled as a morning laxative. For sale by druggists, 50c and Si. KALOLA COMPANY. 21-23 Bay Street, West. Savannah, Ga. W. G. BREWER, Vice President and General Manager. Southern Railway OFFERS Double Daily Train Service TO Washington and New York Leave Savannah 1:00 p. m. and 12:15 a. m., Central Time. Both Solid Vestibuled Trains, with Day Coaches of Newest Design, Pullman Drawing-Room Sleeping Cars and Elegant Dining Cars. For reservations or information apply E. C. THOMSON, C. P. & T. A., 141 Bull Street $32.00 NEW YORK And Return —VIA SEABOARD HOLD DOMINION Air Line Railway D Steamship Company. SCHEDULE Lw. Savannah...l:ls p.m. or 12:10 a.m. R. R. Time. Ar. Norfolk 8:00 a.m or 5.30 p.m. Eastern Time Lt. Norfolk 7:00 p.m. “ “ Ar. New York 2:30 p.m. " *• By leaving’ Savannah on the 1:15 p. m. train you can spend the following|day at Norfolk and Old Point Comforti by leaving on the 12:10 midnight train you make direct connection with the steamship. Ticket! at above rate# are on aale daily; and are limited for return six (6) month* from date of sale. Full information, reservation*; etc, at City Ticket Office, No. 7 Bull street. Phone 28. CHARLES F. STEWART. Assistant General Passenger Agent. and others, "Leopard Spots,” etc. Thanking the daily and weekly press for free papers and asking them to publish this notice, with comment, yours respectfully, librarian Confeder ate Veterans’ Home, Atlanta, Ga. FRIENDTINrARMS. Because of the l'istol Fight Between Mangum anil Woodward. Jackson, Miss,, Dec. 16. —Information from Magee. Miss., is to the effect that serious trouble is feared there over the recent pistol duel between Edward Mangum and Prof. Woodward, In which the former was killed and the latter seriously, probably fatally, wounded. Many friends of both persons are armed and a clash Is said to bfe mo mentarily expected. 'Saner and more conservative citizens are doing every thing to prevent a serious outbreak. The trouble is said to have started over the whipping of Mangum’s son by Prof. Woodward, who is principal of the public schools at Magee. The Day in the Honse. Washington. Dec. 16.—T0-day’s ses sion of the House tvus given over al most exclusively to the consideration of bills on the private calendar, i dozen or more being passed. The Sen ate amendments to the urgent de ficiency bill were agreed to and ad journment was taken until Monday. There was considerable discussion over a bill for the relief of Joseph B. Sargent of New Haven. Conn., who had 1 been detained by a customs In spector at El Paso, Tex., on a charge of smuggling Mexican drawn work into the United States. Mr. Maddox of Georgia Inquired whether there had been any complaint to the President about the customs inspector. He contended that if the statement as to the action of the in spector was true, he should be removed from office. rontlrinc<l By Senate. Washington, Dec. 16.—The Senate in executive session to-day confirmed the following nominations; Charles P. Neill, District of Colum bia, commissioner of labor. Postmaster: Florida, Newell B. Hull, Starke. — ■" * the; BEST CHRISTMAS GIFT For Wife, Mot Her, Daughter •Sister or Sweetheart By this Sign j \ These Machines you may know \ are never sold and will find Vs t 0 deal ers. Singer Stores /Only from Maker Everywhere 1 to User mm* A small payment down, the rest at convenient intervals. Four different Kinds and a wide range of prices to suit. Select Now-Delivery when wanted Get the Best and you get the Singer 150 Whitaker Street, Savannah, - - Georgia. Children’s Specials We are especially well prepared this season with a line of Children’s Vehicles in the Easy Running Gendrons. This is the strong est line for beauty, desirability and easy run ning qualities. We are showing: Tricycles, rubber and steel tires, Velosipedes, rubber and steel tires. Automobiles, rubber tires. Hand Cars, rubber tires. Iron V/agons. Dolls Brass Beds, with springs. New line of Dolls, Go-Carts and Baby Carriages on sale NEXT WEEK. LINDSAY & MORGAN 135 Minutes Saved to New York BY TAKING THE Atlantic Coast Line Florida and West Indian Limited, Finest all year round train between the East and South, leaves Savannah daily at 2:ls p. m. (city time), arrives New York I:ss p. m. following day. Pullman Drawingroom Sleepers and Dining Cars of the highest standard of excellence. For Pullman reservations, rates, schedules, etc., apply Ticket Office, De Soto Hotel, Both Phones 73, and Union Station, Bell Phone 235, Georgia 911. FLORIDA CUBA Atlantic Coast Line Offers Unexcelled Service. Florida and West Indian Limited leaves Savannah 9:12 a. m. (10:12 a. m. cltv time), arrive Jacksonville 1:46 p. m.. Hanfhrd :18 p. m., rumpa 10:20 p. m., Tampa Bay Hotel 10 40 p. m., Port Tampa 11:00 p. 2.... connection Bt Port Tampa with steamship* for Key Wet and Hailing from Port Tampa Sunday*. Tuesday* and Thursdays at 11 40 p. m.. arriving Key W*t #*o p. m Mondays, Wednesdays and Fridays, arriving Havana 6 30 a. in Tuesdays, Thursdays and Saturday*, passing under the gun* of Morro Castle about sunrise. Lcb than 40 hours front Savannah. This train carries through Pullman sleeper Sav annah to Port Tampa. Dining car Savannah to Jacksonville. New York and Florida Kxpres* leaves Savannah 4:16 a. m.. city time, arrives Jacksonville :40 a. m., making close connection with trains leaving Jacksonville 9 45 a. m. for all points South, carrying Pullman Buffet parlor c*r* to Port Tampa and St. Petersburg. Connection* made for principal resorts In Florid*. Savannah and Jacksonville Kxpro * leave* Savannah 4:00 p. m . city time. 'Train is made up at Savannah snd Is always on time.) Arrlv# Jacksonville I II b m . connecting with train leaving Jacksonville 2:18 p m., carrying Pullrnvn Sleeper* to Tampa and Fort Myers (effective Jan. 10, die famous New York sad Florida Mpnial, a train rpr#Mnunir th* highest tur'iur4 of in iwmm*ngo*r urviev, fuil4> •f vestibule#,consist log of Pullman Drawing-room Sleeping Compartment. Dining and Otwervatlon Car* will leave Savannah II ft m. in city tlrns arriving Jacksonville 2 60 p. nr St. tugustine 4 00 p. m, Atlantic liast l.liu offers die public train amice utisuruaaard In el*, gonnr, speed aiul lusur>. H M KMKKNON, Traffic Mgr , W. J, CHAIU, 'Jen. Paaa. Afft, W limingtug, ff, C W. M LKAHY, Dtv paaa Agent M Wal.hH. T raw, Pam Agent, •savannah <la 9