The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-16
NEARLY A MISTRIAL.
THE MULLEN CASE NOW IN TaE
HANDS OF ELEVEN JURORS.

The Absence of a Juror on Account o (
| Sickness In His Family Almost Brings
the Famous Trial to An Abrupt Ter
minetion-An Agreement Finally
Reached to Procsed With Eleven
Meu-A Recently Mutilsted Paper-A
| Kick BY the Plaintiff Against Dam
aging Interrogatorles-To- DaY's Pro-
ceedings May Be More Interesting.
The Milleu land suit is now being heard
by eleven jurors Juror John Schley was
not able to be present yesterday on account
OF the serious illness Of his little daughter
with diphtheria, and for awhile things
pointed to the declaration of a mistrial aud
the postponeuent of the case until next term.
After considerable discussion among the
attorneys on both sides, however, an agree
ment was reached TO continue the hearing
with eleven jurors.
Mr.. Charles F. Prendergast was the first
witness on the stand. Objection was made
to any testimony from Nr. Preldergast as
to the value of the mesne profits, and the
attorneys for the plaintiffs said they with
drew their claim for $40 900 mesne profits.
L LIS W 1o uOno Will flSH Va k6kSlh6 OoeA
land and improvements In case the plain
tlffs should be successful 10 the suit.
A 10. of interrogatory testimony from
Col. Clinch was introduced about papers
connected with the frat estate of the Mil
lens None OF the evidence bore very
materially on the issues.
a RECENTLY MUTiLATED PAPER.
U. II. McLsws, Esq, testified that be was
employed to go TO Jasper county TO examine
the court records. He found the original
bill In the matter of Tolfrui and the answer
of Grief Inch as trustee. lie ssw deeds and
power Of attorney in the Edwards matter,
and copied the deeds from the minutes. MIR.
McLaws said to the best of his recollection
all the original papers we're there. but he
copied them from the minutes TO get them
proper.
Mr.. McLaws stated that the original or
der appointing such trustee had the appear
ance Of having been recently mutIlatsd aud
he called the clerks attention to the fact.
Mr.. McLaws was put through a severe
cross examination. but it only had the effect
of making him repeat his original testi-
mony.
The Mcdowell interrogatories at the
afternoon session of the court brought about
an argument which only ended at the hour
of adjournment. Col. Anderson objected to
the reading Of the tenth and eleventh. inter-
rogatories, which were to the effect that q
paper had existed signei By the Millen
heirs giving Griei Linch authority to sell
the property.
A KICK ON HETEROGENEOUS.
Col. Anderson objected on the ground
that the best evidence of the existence Of
the paper would be the paper itself.
Mr. Erwin argued that as certain admis-
stons had been proved on the part OF the
Millens, the existence Of lost paper cor
roborating those statements could be proved
by secondary evidence.
Col. Anderson argued that under the law
the only way such secondary evidence could
be admitted would be after every effort had
been made, without success, to trace the
missing instrument, the plaintiffs notified
of the intention Of the introduction OF such
testimony aud their answers received
and passed upon. In the present
issue Col Anderson admitted that
the plaintiffs had been notified, but that
although they presented their answers in
writing the attorneys for the defense had
refused to accept them.
Mr.. Erwin objected to the state nent that
be had refused 70 ac?ept the answers, and
| Col. Anderson caused considerable laughter
| by answering: "But you are responsible for
| the company you keep"
Col. Anderson insisted that by the action
of the counsel for the defense, they had not
laid foundation for the introduction of the
| interrogatory testimony which they sought
| to introduce. No proof had been submitted
that such an original paper had ever ex
| listed. He read supreme court decisions to
sustain his position, and Judge Falligant
reserved his decision until this morning.
To-day some interesting testimony will
| be produced if the defense closes. II will be
the reb1ttal testimony of the Millen heirs.