Savannah morning news. [volume] (Savannah) 1868-1887, 1884-01-05
TIE GARDEN TRIAL.


A Jury ImpaneIed and the Testimony
Comprehensive Case to be Argued
To-day.
During the sitting Of the Superior Court
Yesterday the case Of the State against
Mr.. Frederick a. Garden was called for
trial. The defendant was indicted for
larceny after trust. Sixty jurors
were sworn. but before a jury
was impaneled twenty-five jurors
were excused for cause, fifteen
went of upon the objections Of defendants
counse]. and eight went of upon objecEons
made by the state. The panel OF the petit
furv having been exhausted 3 NUMBER OF
falesmen we're summoned and the requlr-
ed number was selected about i O'Clock.
nv This time every available seat IN the
court room was occupied, and Capt. sid
nev p. Goodwin. the prosecutor ap-
peared and. after taking the usual oath,
gave his testimony, for the purpose ol
showing when and at what time the
felony alleged in the Indictment was COM
mitted. Mir. Goodwin evidence was su p
pIemented bv the books which the de-
fepdant kept while in his employ, ana
certain notes and entries were SHOWN
r. Drove that the defendant had
made improper use Of MS po-
sjtiOn as a confidential clerk ana
mad appropriated certain amounts o.
money belonging to 4lr. GOODWIN 10 MS
own use.
Before Mr. Goodwin was placed upon
the stand Capt. II. G.. Cunningham de-
INJURED 10 the indictment, and contended
that as there were several counts III
it the State should be directed by the
court to elect upon which one Of
them it would proceed, as they could not
be joined in one action. The court de-
cided that the prosecution could proceed
under the Indictment, but that IN pre-
senting his evidence he must show
10 which count it was relevant. Hence,
when Captain Goodwin was giving MS
testimony the defendant, through M }.
r.. Saussv. his counsel, made repeated ob-
iectiOus on the ground that some OF the
evidence was not geTmalne 10 the allega-
tions of the bill. Some OF the
objections were OYeTruled, whilei sew
eral were sustained by the court.
In this way every step in the lnYestiga-
ton was carefully contested by tue de-
PENDANTS. The testimony Of Capt. Good
win was concluded about 2:3O O'Clock,
when the court took a recess until 3:3U
O'Clock.
On the re-assembling of the court, Mr..
L. +. BRYAN was introduced as an expert
bOOkkeeper, and his testimony went to
show that there were a number of irregu-
larities in the books as kept by Mr.. Garden
for Mr. Goodwin. Dir. Saussy objected 10
the testimony in the form in which Mr.
BRYAN was giving 1t. lie cOntended
that the books. if they were any evidence
at all. were matters Of fact for the jury to
pass upon, and that Mr.. Bryan should not
be permitted to give his opinions to the
Jury based upon facts of which the Jury
were competent TO judge for themselves.
Mr.. s. B. Adams. who appeared with
the Solicitor General in the prosecution,
raised the point that Mr.. Bryan was, by
showing what the irregularities were,
only giving testimony relevant TO the re-
spective counts in the Indictment.
The evidence Of Mr.. Bryan was con-
cluded about > O'Clock. Among other
witnesses who testified for the prosecution
were Mr.. Henry f. Thomson, Auditor of
the Central Railroad. and Mr.. t. l..
Hackett of the Central Railroad Bank.
The defendant was permitted TO make
his statement. He explained certain en-
tries in the bank accounts. and denied
that he had ever appropriated any Of MI
GoOdwin's money to his own use.
Mr.. Goodwin was then placed on the
witness stand to Tebut some of the state
ments made by the defendant.
Mr.. Saussy objected TO the reception OF
anything in reDuttal at that stage OF
the trial. The objection was over
ruled. The evidence OF the wit
ness was concluded about $3.50 O'Clock,
and was listened to throughout with deep
interest by large assemblage of specta-
tors who crowded the court room to its
utmost capacity. The testimony here
closed.
The Jury were ordered to quarters in
the Marshall House. when the court ad-
innrned until 9 O'Clock this morning.