The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-04-15
MGREGOR'S HARD FIGHT.
THE DEFENSE ASKS TO HAVE THE
CASE REOPENED.

John Swain Comes Forward With Tee-
timony Favorable TO the Accused
The Request to Be Passed Upon To
Day-The Jury Understood to Stand
Eleven FOR Acquittal to One for Con-
viction.
WARRENToY, GA, April H.-Ano Their
sensation was sprung in the McGregor
trial tonight. Judge Lumpkin held the
Jury over till tn is morning at 1920 o'clock.
He spent Sunday in Augusta, returning to
Warrenton this morning. The jury had
not reached verdict, and the judge de-
cided to hold it until one was reached. He
went over to Sparta and adjourned Han
cock court until the fourth Monday in May.
He returned here at 1880 o'clock tonight,
and at $50 O'Clock went to the court room,
where a sensation was awaiting him. Mr..
Baker. foreman of the jury, came out and
stated that no verdict had been reached be-
cause his charge had not been fully under
stood.
WANTS THE CASE REoPENED.
The judge started to read the charge
when Mir. Withheld, attorney for the de-
Tense, said they wished to reopen the case.
NC was bucu SclAb OdCA w ITO IVOtu
John Swain, who has been On the stand
twice already. had told the defense
since dark that he knew some-
thing about the case which would
benefit Col. McGregor. He said to Mr..
Watson, II have been in agony of suspense
ali day for fear the jury might convict Col.
McGregor, when my testimony might save
him. Some time before Maj. Cody was to
de tried for shooting Col. McGreyor ne
was in C1aIpaex-illa and / with hi
WANTED TESTIMONY SUPPRESSED.
''lie said to me that must not tell what
] knew III the case when | came back to
Warrenton. because if did he would Ger
tainly be sent TO the penitentiary. l was
the only man who could keep him out by
holding back what knew wnen put on the
witness stand. Mai. Cody continued, say
ing that Col. McGregor should never send
him 70 the psnitentiary. told him not to
be insinuating that he would kill Col. Nc
Gregor. He replied that he would 60 to
Warrenton, and be knew no Warren
county jury would ever convict him for
killing Col. McGregor."
wHITEHEAD's PLEA.
Mr.. Whitehead argued that the evidence
should be admitted. as the state had been al
lowed to put in evidence after the case had
closed.
Solicitor General Howard argued that he
felt equal to managing the states case, but
he thought it uuwise for him to attempt it
on account Of the personal feeling in this
case and begged leave to put off considering
this question uatil Judge Twiggs and Mr..
Lewis, who had gone home, could return
here. Mr.. Whitehead argued that they
should not have left, as the case was not
concluded until verdict was reached, and
they wore not absent by leave of the court.
THE STATE STILL. ASKS A POSTPONEMENT,
Mr. Davis, for the state, said it could do
no harm to put the hearing Of the argument
off till tomorrow.
MIR. Whitehead replied that few hours
would make no difference to him, as ne
would he at home in his bed, but TO Col.
McGiregor the time was a very long period.
Judge Lumpkln decided to wait for the
| arrival of Judge Twiggs aad Mr.. Lewis be-
fore hearing argument as to whether
SWANS testimony shall be admitted.
The jury then returned, and Judge Lump
| kin read to them his charge in full.
THE ABSENT MEN TELEGRAPHED FOR.
Judge Twiggs and Mr. Lewis have both
been telegraphed.. for, and will be here in the
morning. If the jury should find verdict
In the meantime it will be all right, as the
| verdict now can be nothing unless an &C
, quittal. Only one man has been holding
out for conviction, it is understood, and il
| order TO starve him to verdict the Jurors
| refused to go to dinner until late hour, but
he was proof against the pangs of hunger