The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-07-19
THE SHEFTALL CASE.
A New Feature Develops-Shinall In
Iail

Jail.
A new feature in the Sheftall case devel-
oped in the superior court yesterday. r.
r. Richards, ESQ, one of the counsel Tor
Justice Sbeftall, asked for a continuance Of
the case for the term owing to the indispo-
sltion Of S. b. Adams, ESQ.,, the leading
counsel for Sheftal lie stated that he had
physicians certificate that Mr.. Adams
would not be able TO go into the trial of the
case, and that on advice OF his physician he
would go away to-day for a two molths
recreative trip; that he had an affidavit Of
the defendant; that he relied on Mr.. Adams
as leading counsel, and was not prepared to
go into trial without his presence. Mr.
Richards added that he had always consid-
cred Mr.. Adams as leading counsel and that
he was not prepared to go into the trial
without him.T
Solicitor General duBignon said that he
would resist the motion for continuance.
He said he was willing that the court should
remain open a reasonable time for Mr..
Adams TO recuperete, but if the case was
continued for the term, it was equivalent
to a loss of tn case by the state, for de-
mand for trial had been entered by defend
ant; that Mr.. Adams had consulted him a
few days ago and spoke of going away and
wanted a continuance. Mr.. duBgnon said
that he informed Mr.. Adams that if Justice
Sheftall would withdraw the demand for
trial he would consent to a continuance.
Mr.. Adams thought there would be no
objection, but when his client was con-
suited he refused to withdraw
the demand. Mr.. duBignon having
made this statement went on to say
that Shinall, the principal witness for the
state, who was then in South Carolina, be-
You'd the jurisdiction of the court, is now
here and under restraint. If the case is
continued for the term, Mr.. duBignan said
he could not honorabiy hold Shiunll. The
latter had voluntarily come back under a
pledge that he would not be prosecuted for
not obeying the subpoena of the court, and
kept in jail. The solicitor said that he
would feel honorably bound not to deprive
Shlnall of his liberty after his promise by
which the stato's witness had voluntarily
come into the jurisdiction Of the court.
Mr.. Richards replied that he had not in
tended to allude TO what had been said in
the newspapers, for what Col Russell may
have done, he said, has nothing TO do with
the charge against the defendant. If
Shinall had voluntarily como within the
jurisdiction of the court, there is nothing to
show that he would not do SO again There
is no reason, he said, WHY he should not be
able to give bond for his appearance as a
witness. He cited tine code to show that the
indi9pOsition of leading counsel, supported
by the affidavit of the defendant was suffi-
Gent ground for a now trial
The court said that under all the circum-
stances it was inclined to think that the
trial should be had at this term, and it was
willing to continue the case to Aug. |.
That was a matter that counsel could me It
ana talk over this morning.
Mr.. Richards then gave notice that if
this was the ruling of the court, be would
file a bill Of exceptions, and he sat
down and began to prepare the
papers, whom Judge Adams suggested that
it would perhaps he better if the counsel
would prepare his motion to go on the
record, and offer the affidavit Of defendant,
and a ruling on the motion would be made
in court this morning. 70 this formal man
ner Of presenting the motion the counsel on
both sides agreed.
The strict legal motion, submitting
grounds in writing for a continuance for
the term, will therefore come up this morn
ing, and a counter showing will be heard
by the state before final ruling for entry
on the court docket, so that an interesting
argument Is looked for, and new develop
ments may follow.
A bench warrant was issued yesterday
requiring Justice Sheftall to give bond for
$500 for his appearance for trial, which he
did