Newspaper Page Text
Page Four
MR, J. £ MOZLEY
Marietta, Ga., Dec. 3, 1917.
EDITOR MARIETTA JOURNAL,
CITY,
DEAR SIR:
On the last Day of July Term
Cobb Superior Court 1916 the Grand
‘Jury returned a bill of indictment
against me charging me with buying
a lot of land that one of the deeds
to said lot was a forgery. It charged
that the witnesses names to said deed
were forged and that I knew it when
I bought the land. The next day
after the bill was returned your pa
per and the other paper in this town
had long pieces in which it was stated
that the Ex-Mayor, J. E. Mozley, of
Marietta had been indicted in connec
tion with land fraud. During the
November Term of Cobb Superior
Court 1916 there appeared in your
paper, and also in the other paper
in this town, a long piece in which
you stated that the bond of J. E.
Mozley, Ex-Mayor of Marietta, had
been forfeited and that J. E. Mozley
had absconded. Your paper and
the other paper of this town gave
these two matters a great deal of
prominence. I now as you to do me
the justice to publish this, my ex
planation, of the matter.
This bill of indictment having been
returned on the last day of the July
term of court and after the jury had
been discharged, it was impossible
to get a trial at the July Term, 1916.
Just before the November term 1916
of said Court my son, who was then
sick in New Mexico, and had been
there for over a year wrote me that
he was not doing well and requested
me to come to see him at once. 1
arranged with lawyers to try all of
the cases that I represented at that
term of court. I then went to Judge
H. L. Patterson and told him of the
serious illness of my son and that I
had made arrangements with counse!
to try all of the cases I had in Court
and requested him to give me a leave
of absence in the case of the State
against myself. Judge Patterson
told me in the presence of the Depu
ty Clerk of the Superior Court that
he would grant me leave of absence,
and for me to go ahead and see my
sick son.
I immediately left for Las Cruces,
New Mex. After I had been out
there a short time 1 learned that
Judge Patterson had stated to a news
paper reporter here that he had given
me leave of absence as an Attorney,
but not as a defendant. Immediately
after receiving this information I re
turned home. 1 got here before
Court adjourned. I immediately went
into Court and announced ready for
trial. A trial was not granted m-=
during that term of Court. At the
July term, 1917, I again demanded a
trial, and the Judge ruled that I was
entitled to a trial unless the Solicitor
General could make a showing why
he should not go to trial. Mr. Clay,
the Solicitor General was then sworn
and stated that he was not ready for‘
trial, for the reason that a witness,
D. Abercrombie, who had been sub-}
peonead had left the State and had
gone to the State of Ohio. He stated
that if he had said witness that he
would be ready for the prosecution.
That said witness was a married man,
that his wife and children had just
returned from Ohio and that they
had informed him that D. Abercrom
bie would be back within a short
time. This statement was false in
that D. Abercrombie is not married,
that he was not on his way home, but
wa‘s here during November term
1917, and the Solicitor did not even
have him in Court. He then stated
facts that he could prove by this wit
ness. The Court then continued the
case until the November Term, 1917.
Dauring the last week said case came
up for trial. At the request of So
licitor General Clay in open Court
the jury trying said case returned
the followiny verdict: “We the jury
find the defendant not guilty, and
we find that there was no foundation
for the prosecution.” Whereupon I
was discharged.
Now I want to state this fact, the
deed in question was witnessed by
Miss Florence Nuckolls and Astor
Merritt, N. P. with his notary public
seal attached. The Solicitor General
charged in the bill of indictment that
the deed was witnessed by Astor
Merritt and by Miss Florence Nich
ole. Now Miss Florence Nichols was
not a witness to said deed. The So
licitor General produced and carried
before the Grand Jury a woman who
claimed to be a Miss Florence Nich
ols. She swore that she did not sign
the deed as a witness and upon her
testimony a bill of indictment was
gotten. The Solcitor General did not
carry Miss Florence Nuckolls and
Astor Merritt, the real witnesses to
the deed, before the Grand Jury, and
therefore the Grand Jury, not having
my deed before them, and not know
ing who the real witnesses were, and
this woman representing herself as
Miss Florence Nichols, having testi
fied that she did not witness the
deed, the Grand Jury returned the
indictment.
I bought the lot of land in ques
tion, paid a reasonable market value
for it, on May 20, 1915. On May
21, 1915 I sold the lot of land to W.
M. Murray for the very same amount
of money that I paid for same. Mr.
Murray took charge of the land and
built a house, had 2 saw mill on the
place and was having some timber
cut off when a man by the name of
Lester came up from Savannah and
filed a petition to enjoin myself and
Mr. Murray from trespassing upon
the lot of land. The case came on
for trial before Judge Patterson dur
ing regular term of Court when Mr.
Clay, the Solicitor General was pres
ent. The plaintiffs in said case un
dertook to make out their case, but
they stated to the Court that they
had no title to the land, no deed of
any description, but that he thought
his father-in-law had a deed to the
land back in the ‘4o’s or 'so’s. The
Judge stated to them that they had
no case. They asked for time to see
if they could find any deeds. The
Court continued the case for them
30 days. Just before the 30 days
was out one of plaintiffs counsel,
went to the Courthouse and dis
missed the case. All of these facts
were known to the Solicitor General
when the indictment was returned. I
went to plaintiffs counsel after the
case was dismissed and told them if
they could get up any title whatever
to the property that would show that
the title under which I bought the
land was not absolutely genuine that
I would pay back to Mr. Murray his
money and give them possession of
the land. I also told plaintiffs coun
sel that whether the plaintiff could
find any title to the land or not or
would state that they believed that
their father ever had any deed to
the land and would make me a quit
claim title and would draw a draft
for $250.00 with quit claim title at
tached through any bank in Marietta
I would give them that much. Coun
sel thought this a fair proposition
and thought the matter would be
settled. I have never heard any
thing further from them.
This indictmeni was obtained by
the Solicitor General for political
purposes only. He went over this
county and the Blue Ridge Circuit
and made speeches in which he stated
he was going to send me to the chain
gang. Immediately after the bill of
indiectment was found he went to H.
B. Moss and told Mr. Moss that it
was all he could do to get the Grand
Jury to return the bill against me.
and if Mr. Moss would keep his
mouth shut in the political campaign
from then on, he would nol pross the
bill he had against Mr. Moss and
that he would prosccate me. At the
time I returned from the West my
bond for $1,000.00 had been forfeit
ed and the Solicitor General required
the Sheriff to take a bond double
the amount of the first bond. He
did this for no other purpose only
to mortify my feelings, when he%
knew at the time that the deed in
‘question was a genuine deed, and
properly witnessed by Miss Florence
‘Nuckolls and Astor Merritt. Both
lof said witnesses having examined
the deed and their signatures and
told the Solicitor General that their
signatures were genuine and that
they saw the deed executed, this was
before I returned from the West.
Last week while the Solicitor was
on trial for using obscene language
to one Mrs. Bobbie Greer, for which
she cowhided him on the streets of
Marietta, Mr. Clay stated in his
statement to the jury that I had been
hounding him down for the last
eight months, that I was his bitter
enemy. I want to state now that I
had no knowledge whatever of his
assaulting Mrs. Greer until about the
time Mrs. Greer whipped him on the
streets of Marietta and I was in no
way responsible for that trouble, and
I am sure that I am not responsible
for his being in a house of ill fame in
Atlanta o® Nov., 11, 1917, drunk
and when he and three women were
arrested by Atlanta police officers
and marched up the streets of At
lanta and put in the station house.
See police records ‘“No. 13630, City
of Atlanta vs Herbert Clay, Nov. 11,
1917, age 31, lawyer, Marietta, Ga.,
Nationality U. S. charged drunk and
disorderly, bond $ll.OO deposited.
i Bond forfeited November 13th, 1917.
Arresting officers Sergeant Bullard
and J. L. Green.” I am just as re
sponsible for his Atlanta escapade
as I am for his assault on Mrs. Greer
;and the whipping that followed. 1
{ would not have referred to these
lmattcrs had it not been for the fact
i'«hut he and his attorneys charged
| me with being responsible for his
indictment and trial for insulting
! Mrs. Greer. :
i I have bought thousands and thous
| ands of dollars worth of land. At
|(mc time I owned more land than any
man in Cobb County. This is the
first lot of land I ever bought that
there wsa ever any dispute about
| title. At the time I bought the land
CHE MARIETTA JOURNAL AND COURIER
One of the funniest things in the
series of cartoons entitled “What are
you gonna do with it” was the man
who searched over a 40-acre field to
find a four-leaf clover and when he
had succeeded in his quest he was
asked by his familiar spirit what
would he do with it. The old idea
of the value of perseverance has been
changed considerably and reason is
now appealed to instead of simple
persistence in these lines:
“If at first you don’t succeed,
Learn the reason why,
Then perhaps you will not need o
To try and try and try.”
A brilliant young preacher was
discoursing to a rural congregation
and remarked, by the way, that none
of the famous commentators of any
age agreed with him on a certain
point. The next time he filled the
pulpit in that church a good old lady
gave him a basket after the sermon
and said: “Here are some fine yams
you will surely enjoy. I heard you
say last Sunday that no common
taters agreed with you.”
She was a Christian and you can
remember that Thomas A. Kempis
wrote in the “Imitation of Christ:”
“It is better to feel compunction than
to know the definition thereof.”
18 acres located one-half mile from
city limits of Marietta. 11 acres in
cultivation, balance in pasture and
woods. Good, strong, productive
land. Water on place. 4-room house
and good barn. This place is close
in and would make a nice truck or
chicken farm. Price $2,000.00.
40 acres 4 miles southeast of Mar
jetta on main public road. 4-room
house and other outbuildings. Near
ly all of this place is in cultivation
and produces good crops each year.
Price $2,000.00, reasonable terms.
108 acres only 2 1-2 miles north
of Marietta and within 1-4 mile of
the Dixie Highway. This is good
strong land and produces, on an av
erage, 12 to 15 bales of cotton per
year, besides corn and other crops.
About one-half of the farm is in
cultivation, balance in timber and
pasture. 15 acres in creek bottoms.
4 dwelling houses and 2 barns locat
ed on the property. A small creek
runs through the farm, on which a
dam could be built and water power
developed. For a short time we can
sell this property for $35.00 per
acre. See us if you want a bar
gain, as this place will not stay on the
market long at this price.
HOLLAND REALTY CO.,
Phone 134, Marietta, Ga.
1 had the records of Cobb Superior
Court searched thoroughly and found
that no one claimed any title of re
cord to said lot of land and there is
no title of record now except the ti
tle which I bought under. I bought
the property in good faith and after
I found there was a dispute about
it I did everything I could to get the
matter equitably adjusted and if the
plaintiff in that case thought they
ever had any interest in the land I
wanted to pay them for it, and made
them every proposition any honor
able man could have made.
I would be giad that any of my
neighbors or fellow citizens when in
town will call and I will take great
pleasure in showing them the entire
chain of titles to the property which
I purchased.
1 feel as though I should make this
statement to the public in justice to
myself and my family.
Yours truly,
J. E. MOZLEY.
' LIBEL FOR DIVORCE.
Eula May Wise vs. William Wise,
Libel for Divorce in Cobb Superior
Court, November Term, 1915. The
verdict for total Divorce granted on
the 12th day of March, 1917.
Notice is hereby given to all con
cerned that on the 31st day of Octo
ber, 1917, I filed with the Clerk of
the Superior Court of Cobb County,
Georgia, my petition addressed to
said Court, returnable to the next
term thereof, to be held on the 2nd
Monday in March, 1918, for the re
moval of the disabilities resting upon
me under the verdict in the above
stated case by reason of my inter
marriage with Eula May Wise, which
application will be heard at the
March Term, 1918, of said Cours,
which commences on the 2nd Monday
in March, 1918.
WILLIAM WISE,
Nov 2—9—dec7—l4
I L S S . O W VI VA LI M TR
FOR SALE
40 acres of good level land 1 1-2
miles west of Smyrna. _Also 24 acres
more or less, fine level land with good
orchard, i 1-2 miles west of Smyrna.
B. F. REED & CO.
2hone No. 6. Smyrna, G=
A MAMMOTH EGG.
Capt. William Wilson has an egg
found on the 30th of November, 19117,
in his hen house in the National cem
etery that is the largest hen’s egg we
have ever seen. It was laid by one
of three hens, a Rhode Island Red, a
Buff Orpington or a Plymouth Rock.
It is a pale buff color and weighs
3 8-168 ounces. It is 7 3-16 inches in
circumference lengthwise and 6 5-16
inches around the middle. The
length straight across is 212-16
inches and it is 2 1-16 inches wide.
It is exactly alike at each end. Capt.
Wilson will have the egg X-rayed to
see if it has two yolks. If it is a
normal egg he will have it hatched
and may produce a yard of big chick
ens from this beginning.
NUNNALLY’S XMAS CANDIES
place order to-day to be sure
At Sams’ Drug Store.
POWDER SPRINGS.
Miss Grace Babb, of Atlanta, spent
the Thanksgiving holidays with Miss
Mattie Baggett. Miss Edith Bag
gett was also a visitor to home folks
Sunday.
Mr. and Mrs. W. H. Lunsford vis
ited their brother, Mr. F. J. Luns
ford, in Aeworth Monday.
Miss Thelma Russom, from Dallas,
is the guest of Miss Josie Vaughan
for a few days.
Messrs. Clyde Scott and Coy Lewis
have returned to Camp Wheeler after
several days spent with home folks.
Miss Savannah Hopkins has re
turned from Atlanta, where she was
‘the guest of Mrs. Tom Massey.
Mr. and Mrs. James Perry and chil
dren, from Atlanta, spent Sunday
with their parents, Mr. and Mrs. J.
W. Fleming.
Mrs. J. F. P. Lindley was the guest
of her daughter, Mrs. Coy Hunt, in
Atlanta last week.
The Missionary Society of the Bap
tist church held a window sale last
week at the bank, in which they were
successful in selling all their fancy
articles, cakes and candy.
Mr. and Mrs. Pat Edwards an
nounce the birth of a little girl on
December 1.
Mrs. Talmadge Woodman is visit
ing her mother, Mrs. Laura Wolf, be
fore moving from Oliver, Ga., to
' Dallas.
. Mr. W. L. Florence is in Chicago
lattendim: a stock convention.
| Sooaeeen st TR
| DOLLS — DOLLS — DOLLS
t at Sams’ Drug Store.
For
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In use for over 40 years!
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TAKE
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You can rely on Cardui.
Surely it will do for you
what it has done for so
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women! It should help.
“] was taken sick,
seemed to be . . . ,”
writes Mrs, Mary E.Veste,
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“] got down so weak,
could hardly walk ...
just staggered around.
+..1 read of Cardui,
and after taking one bot
tle, or before taking quite
all, 1 felt much better. I
took 3 or 4 bottles at
that time, and was able to
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the spring when run
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and 1 commenced eating.
It is the best tomic I ever
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All Druggists
1.70
R Y RTTR ST T D A
WE SELL IT
If it is Good to Eat
Citron, Lemon Peel,
Seeded Raisins, Cherties,
Block's Fruit Cake,
Cranberries,
Butter-Nut Bread,
Porto Rico Yams,
Cabbage.
OR WHATEVER YOU
MAY NEED
Telephone 486
Smith, Ward &
Hicks.
Automoble Hack Service for
WHITES ONLY
with polite whitedriver
Telephone 49
Prompt Service
J. N. KILE,, Gritfith’s Pharmacy
Marietta, georgia.
Regardless of the High
Cost of Living
and the fact that Marietta has secured the Artillery
Range, | am going to keep my same old prices for
Altering, Repairing, Cleaning and Pressing.
I have in my employ an expert Cleaner and
am in position to do all work
LADIES’ WORK A SPECIALTY
Out-of-town Work Promptly and Efficiently Done
MY SUIT PRIGES FOR MEN ARE $16.50 & UP
I SOLICIT YOUR PATRONAGE.
d
W. C. McCOLLUM
OVER SAMS’ DRUG STORE
W. G. OWENBY & Co.
---PHONE 212---
WHOLESALE
Groceries Grain
You Save Time and Money By
Sending Orders Here. :
Flour Feed
s eNG A s
MARIETTA, GEORGIA.
——-—-__-_—_#—
___————_:_——_;___———;—_:—__,—___—:——————‘H—/
~ JAMES H. GROVES
Fire, Accident, Liability & Automobile Insurance
100 Whtiock Avenu :
Place your business with the oldest agency in Marett
Friday Morning December Tth, 1917
