The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-04-16
MGREG0R STILL In JAIL.
A MISTRIAL OR AN AOQUITTAL
EXPECTED TO-DAY.

The Judge About to Order a Mistrial
Yesterday When the Prisoner Asked
Him to Wait Urtll To-day Because
April 10 is His Mascot SWANS
Story Not Admitted.
WARRENToN, Ga, April 15.-The Nc
old ruts. No verdict is at present in sight.
and lawyers, judge, jury. prisoner and
prosecution are tired out. Judge Lumpkin
waited this morning until 1880 o'clock for
the arrival of Judge Twiggs and Mr.. Lewis,
but as neither of them came he convened
court and decided to hear the motion as to
whether Mr. SWANS testimony should be
admitted.
Solicitor Howard argued that the evil
dence was not admissible, as it was only
cumulative, and the defense mad not ex-
erted proper diligence in procuring it.
E. p Davis for the state argued on the
same line. and quoted many authorities In
support OF his position.
ARGUMENT OF THE DEFENSE.
Mr.. Whitehead and Mr.. Watson argued
that the evidence might not be strictly after
the legal rule in evidence. but as this was
very extraordinary case it should be allowed.
Judge Lumpkin asked that the witness
Swain be brought in court 80 that he could
hear the testimony before deciding whether
or not it should go to the jury.
Mr. Watson stated that Mr.. Swain was
at home confined to his bed with an attack
OF nervous prostraton brought on by the
agony he has suffered throughout this trial
Tor Tear Col. McGregor, his friend, might
hang for killing Col. Cody, his friend, and
fhOnOhf hot har s~rk& kaxv al III
by telling all he knew
THE JUDGE PUZZLED.
This was an unlocked for occurrence, and
Tor time Judge Lumpkin was puzzled.
Mr. Watson suggested that as he could
not come to the jury the jury could go to
his bedside and hear the evidence.
Judge Lumpkin said that the Jury was
not going after the evidence, and the wit
ness must come into court
MIR. Watson then said that he would have
MIR. Swain brought to court on litter.
SWAIN TAKEN TO COURT.
Mr. Swain was taken from his bed, put in
buggy and brought to court, but just as
he started up the steps Judge Lumpkiu de-
cided that his evidence was inadmissible II
1t had been told to Col. McGregor it was
not newly discovered evidence. If it had
not been, then it could not have influenced
Col. McGregor in killing Maj. Cody. After
conference with both sides Judge Lump
KIN decided to order mistrial. and went to
the court house for that purpose.
About o'clock Col McGregor, however,
asked him to wait until tomorrow, which
he agreed to do. and accordingly adjourned
court until s o'clock.
M'GREGOR'S LUCKY DAY.
Col. McGregor. it turns out, is supersti-
tlous. He believes April 16 is his mascot.
He was born on that day, and married
on that day, his oldest daughter
was born on April 16,
he enlisted in the army on April I6, and
fought in several notable battles on April
16, He believes he will be acquitted to-
morrow, April IL. If mistrial is ordered
In the morning, and it now looks that way,
Col. McGregor will breathe the air of the
outside world once more, as Judge Lumpkin
will allow him to give bail The bond for
$4,000 has been fixed up and is ready to be
signed.
Tomorrow Col. McGregor will be a pris-
oner no longer. He will walk the streets of
Warrenton free man, with the permit
mot guilty." or he will walk out from the
court room bound to present himself for
trial again next October.