The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-05-23
A VICTORY FOR GREGG.
Judge swayne Adiourrs Court Until
Next Decem Der.


Next Decem Der.
JACKSONVILLE. FLA, May "A motion
vas made in the United States court yester-
day by the counsel for Gregg, defendant in
the Marion county election frauds case, to
quash the indictment on the ground that
the adjourned term Of the court from the
regular term in December did not have
any legal status, and therefore Its
action was null and void. The
Unitel States statutes designate the time
at which terms shall begin at the jackson
vile, Tallahassee aud Pensacola division of
the northern district, and it has been the
custom here ofore to adjourn court in this
city when the time came for holding the
terms in other cities under the statute.
Many lawyers have held, however, that
this was not strictly legal. and that the be
ginning Of another term elsewhere effectu
ally terminated the legal session of the
court hele until the beginning Of the next
statute term.
THE PRESENT AN ADJOURNED TERM.
The present term is an adjourned term"
from the regular one in December last.
This point had never been raised in open
court before, and was argued at length to-
day by the defendants counsel and the dis
trlct attorney. Without specifically sus-
tanning the motion, Judge Swayne said
that the point was very
important one, and that he would
reserved his ruling until the circuit judge
should sit with him on the bench next
December He then ordered the jurors and
witnesses to be discharged in all criminal
cases aud postponed such trials till Decem-
Der. This is regarded as practical victory
for the defendant In the election fraud
cases, and Judge Swayne's action was re-
ceived with satisfaction by the counsel for
all the defendants.
EDITORIAL EMULATION.
The Times Union will say tomorrow
editorially: ut is doubtless q victory quite
as unexpected as it is gratifying. There has
been little but partisanship and oppression
where the prosecution of these election
cases against democrats was concerned. 1t
has been noted and remarked upon in some
quarters of late, however, that a spirit
more nearly approaching semblance of fair
ness than ever before has been shown by
Judge Swayne since his confirmation by
the United States Senate, which secures
his tenure of Office for life. Relief from the
uncertainty attendent upon the tendency
of his confirmation would naturally bring
into play the better qualities of any man
under the circumstances, and it is
not impossible thai the necessity no
longer lifting for keeping the
machinery of his courts to high-pressure
speed of partisan bitterness and political
oppression Judge Swayne may have de-
cided to listen to the voice of reason and of
fairness and have refused to be held in the
chains of unreasonable and rabid PARTISAN
ship any longer in the conduct of his court.
At any rate, the action of the court yester-
day is above criticism from a partisan
point of view, and it would be uncharitable,
perhaps, to seek for motive in it outside
"a dICTnsifIAn fn frns fha ,Oti ,1f
Gregg's counsel upon its legal merits and
Lot from a standpoint which would be
acceptable only to the oppressors of the
accused man. The election cases are off
at all odds and the public will not be sorry
for many reasons. The rulings of the cir
cult judge in December next will mean
while be awaited with deep interest,"