Savannah morning news. [volume] (Savannah) 1868-1887, 1886-01-24

CONVICTED OF INTERFERING
WITH THE OFFICERS.

rhe Penalty Not More than six Years
imprisonment or So 900 Fiue-Lively
Tilt Between Judge Speer and the
Prisoners COMMUNICATING Over
Their Differences.
The Jury in the Tom johnson trial in
the United States Circuit Court looked re-
freshed when court was called to order
Yesterday morning, Notwithstanding that
The members had been away from their
homes for 43 hours. There was little
delay i'm beginning the third days pro-
ceediucs. AS the evidence was all in
there was nothing to do but start with the
argument District Attorney Darnell
made the formal opening for the govern
meut. and was followed by Mr.. S. b. Ad-
Sms for the defense.
Che courtroom was crowded when Mr..
Adams began, many memb ers of the bar
teing present. Both the counsel for the
defendant, and Mr.. duBignon for the
government, devoted the greater part OF
their respective speeches to reviewing the
evidence. synopsis of which has been
published already IN the NEWS.
SPICY sCEEE IN COURT.
Two spicy little tits between the court
and the counsel for the defense rather re-
lieved the matter OF fact proceedings and
afforded some amusement 10 the specta-
Tors. Among other authorities which Mr..
Adams chose 10 read TO the jury
were opinions Of Judges Cooley and Nc
Srary iu regard 10 the reviewing Of the
evidence Of any case by the presiding
Judge. Mr.. Adams proceeded TO read
that in q United States Court the Judge
has the right to sum up the evidence, but
-
side prep0nderates, for 1t is the final duty
OF the Jury TO decide that. Mr.. Adams
preiaced his citation with the statement
that what be was about to read was not
intended to be applicable to the court.
Counsel had quoted at some length, and
read The Judge discharges his duty to
me jury when he tells them what is the
Jaw" Just there Judge Speer interrupt
ed and remarked that il the counsel was
reading tor the instruction OF the Court he
should address the Court and not the
jury.
JUDGE TALKS TO COUNSEL.
"YOu have no right to presume that
such criticism as you are making is war
ranted," he continued. THE presump-
zion is that the court will charge the jury
IN accordance with the law.''
81 think that great deal that your
Honor has said was unnecessary" was
tie tart response.
II think it is necessary" observed the
court.
With remark that he was in court and
would submit, counsel proceeded to re-
view the testimony. A technical point
was made by the defense that the counts
an the indictment were not supported by
the facts in the case. Mr.. Adams argued
that TIE raiders had given up the search
for the still and were not in the discharge
OF their duty at the time the firing took
place.
The defense claimed that it was shown
by their witnesses that johnson did not
have a gun at McBride's store on the
night of Oct. ., and did not participate
ia the shooting. Things ran along
smoothly for some time, aud until the de-
fendants counsel remarked earnestly that
he did not believe Johnson guilty.
BELIEVED THE PRISONER INNOCENT.
lit is improper for counsel TO state
what he believes" interrupted the court
again. Counsel has no right to throw
the weight OF his personal opinion in the
scale before the jury. A witness under
oath is not permitted to state what he be-
leYes much less should counsel not under
oath"
1T is not an unusual thing for counsel
10 make such expressions. | have been
accustomed TO do so occasionally in pTac-
tieing in the State courts" was the reply.
"It is one Of the principles in legal
ethics that an attorney should not eX-
press his opinion as TO the guilt or innO-
cence Of a defendant" stated his Honor,
with emphasis.
''On a question Of ethics do not need
any instruction from any body" sharply
replied the counsel.
whenever counsel violates ethics in
this court you viii receive instructions,
and the court viii see to it that It's ruling
is cOnfoTmed to-" was the threatening re-
mark.
Being in court, OF course 1 will submit
10 any ruling" said counsel In a signif-
cant tone.
At the close of his argument Mr.. Adams
observed that he regretted that the slight
unpleasantness had occurred.
RBULLTTIONs on THE SURFACE.
Judge Speer stated that the incidents
we're merely ebullitiOns on the surface,
and did not disturb the great slumbering
depths of justice.
Mr. Adams spoke for one hour and
three-Quarters.
Mr.. duBignon began at 1890 p. m. and
spoke until / 40 O'clock. II summed up
the testimony Of Clements, Wall, Rose,
Riles and Nc Bride and declared that their
evidence identified Johnson as one of the
parties who fired upon the raiders. The
counsel for the government attacked the
line Of defense and scathed the testimony
or some OF the defendants witnesses.
His argument was a strong review for the
prosecution, and he asked for a convic-
lion.
Judge speer delivered rather a lengthy
charge, delivering the ease TO the jury
finally at $3.50 p. m. Not until O'Clock
was an agreement reached There was
considerable speculation about the YER
dict, but the defendant did not appear TO
be very deeply concerned. The verdict
was a conviction OF interfering with the
officers ia the discharge of their duty, the
punishment for which is as severe as
Tor shooting at them. Sentence was sus-
pended.
Webb's Jacksonville Directory.
Webb's Jacksonville and Consoli-
dated Directory Of Representative Cities
OF East and South Florida for 1885, ia the