The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-17
M'DOWELL'S STORY GOES.
INTERROGATORIEs ADMITTED as.
SECONDARY EVIDENCE.

After Long Arguments Judge Falli-
giant Overrules the Plaintiffs' obiec-
lions as to Introduction of Admis-
gions on Their Part-A Witness
Testifies to McDowell's Absent
Mindedness and Few Minutes Later
Proves Himself Similarly Afflicted.
The Present Suit Contemplated By
the Millens Eleven Years Ago.
The defense rested its case in the Millen
land suit yesterday after the Introduction
of the Mcdowell Undergraduates, which
caused such strenuous objections from the
plaintiffs the day before, on the ground that
they were sought to be introduced as Sec
ondary evidence without proper founda-
ton having been laid in advance by the de-
tense.
The argument as TO their admissibility
was renewed yesterday morning, but Judge
Falligaut decided against the plaintiffs and
allowed the interrogatories to go in. The
defense considers them highly impor-
tant evidence. MoDowell's testimony
was to the effect that the par
ties plaintiff had admitted in his
presence that the parties TO the
present suit who were Of age at
the time of the sale had Joined
the sale OF lands In Chatham county near
Savannah and those whe were minors at
the time were represented by Mr.. Edwards I,
who signed the answer and request as their
next friend.
THE REBUTTAL TESTIMONY.
A man named Malone was the first wit.
ness put up by the plaintiffs in rebuttal.
He was kept on the stand q long time by
the objections of counsel for the defense to
his answering different questions,
which objections were in most
instances sustained by the court.
Malone said he knew the plaintiffs to
have always been hard working people,
and remembered that A. s. Milleu had
worked, when a small boy, for less than a
peck Of rye a week.
Malone evidently has little respect for the
memory OF McDo we'll. He testified that he
knew the man to be possessed of a rather
treacherous memory. He knew of occasions
where Mcdowell would walk away with
out his hat The witness was very positive
about Mcdowell being man afflicted with
absen t-minde dness.
Malone caused big laugh at bis own ex-
pense, and left the impression on the minds
of every spectator that he was a subject of
Observation-Disclosures himself by walking
away from the stand without bis hat after
finishing his testimony.
HE FELT CHEAP.
Malone did not seem to understand
what occasioned the laugh or that he was
minus anything until he reached the gate
Of the bar railing, whom he suddenly re-
membered that be had left his tile behind
him. He walked back for ID with sheep
ish air amid roars of laughter, and Col.
Anderson tried to smooth things over by
stating that the fact OF Malone coming
back for his hat showed that he was not alb
sent-minded
George D. Millen was put up for the pur-
pose Of identifying handwriting. His evil
dence was OF little import.
W. H. Linoh was put on the stand in the
afternoon TO identify the signature Of his
father to a number of documents The
deed Of Mrs. Mary A. Prendergast to the
city Of Savannah. conveying certain por-
tions of the tract for streets, and mort
gage of J. f. Guilmartin to Michael Prem
dergast we're then submitted.
PAPERS CAUSE A RECESS.
Mr.. Richards then ordered a lot of old
papers, containing accounts of Jacob Wald-
burg with the Millens and others, bearing
on the expenditures Of money belonging to
the trust most Of which were in the shape
| Of vouchers.
Maj. Meldrim suggested that the
plaintiffs go on with other evil
dence and let the attorneys for
| the defense examine the papers at their
| leisure after Adjournment to see if they
contaiped any Objectionable matter.
Mr.. Richards objected to such proceed
| log and Maj. Meldrim asked; "Ars you
afraid TO trust usr'
NO." answered Mr. Richards, "but this
is a case in which think we ought to move
cautiously. know what those papers con-
tain and don't care to have them 60 out of
| the court room.h
Judge Falligant said he would take a recess
| for fifteen minutes In order to give the attor-
| neys time for the examination, but Mai
Meldrim informed his honor that Il would
be almost physical impossibility to make
| an examination Of the documents in such a
| short time and intimated that the recess
would be unnecessary.
But l want to suggest" said Judge
| Falligant, that order recess for fifteen
minutes, anyhow" and he walked off the
| bench laughing.
Maj. Meldrlm and his associates went to
| work at once in hurried examination OF
the papers and after the recess he announced
| that no objection would be offered to their
introduction. Mr.. Richards then read the
| contents to the jury.
THE SUIT IN CONTEMPLATION IL YEARS.
Mr.. Preston, one of the counsel for the
plaintiffs, gave interesting testimony He
said that the Millen heirs came to him first
In 1881, to consult about bringing a suit to
recover the Prendergast tract They
showed him then all the papers that have
been submitted In the trial, and there was
no request to sell among those papers Mr..
Preston said he had never seen such paper.
Moreover, the original order which Mr..
McLaws said looked as If it had recently
been mutilated, was seen by him in 1881,
aud the signatures were torn from IL at that
| time
MIR. Preston said he gave the plaintiffs ad-
vice, but he never heard from them again
until August, 1891. when they placed the
suit in his hands and gave him all the
papers be saw ten years before. The wit
ness related the details OF his visit to Sd
vannah 70 look at the property to be sued
for, and the pointing out OF the boundary
lines by Jacob Butler, an old colored man,
who was once a slave Of John Millen. Mr..
| Preston finished his direct testimony at
o'clock and this morning he will be put
through cross-examination by the attor-
neys for the defense.
Joseph Ruby of Columbia, Pa. suffered
from birth with scrofula humor, till he was
perfectly cured by Hoods Sarsaparilla.