The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-09
THE BIG LAND SUIT BEGUN |
AN EFFORT TO CONTINUE THE
MILLEN CASE OvERRULED.

iections to the Old Methods OF Trial.
The Sickness OF ex-Attorney General
Anderson Urged for Putting of the
Case TILL the Next Term-Judge Fall
giant Sees an Effort to Evade Trial
and Declines to Entertain the Motion.
The Case Against the Prendergast
Estate to Be Tried Firet-A Jury to
Be Selected To-day.
The Millen land case 10 on in the superior
court, and 1t promises TO be one OF the most
interesting and hotly contested suits ever
tried in Savannah's courts. BY agreement
between the counsel on both sides, q jury
will be selected from the grand jurors to
try the important issues. The thirsy-six
cases will NOT be joined in the present trial,
| the plaintiffs having determined to make
issue against the Prendergsss estate first.
When Judge FAlligant called the case at
10 O'Clock yesterday morning there was not
a sufficient number of grand jurors present
and an adjournmsnt was taken until
O'clock In the afternoon. At that hour the
court room presented an animated scene.
The Importance of the case attracted a
great number OF spectators, and every seat
in the room was occupied.
About twenty-five lawyers were inside
the bar; the grand Jurors occupied the seats
on the north side OF the room,
and the defendants and their
friends we're scattered about, anxiously
awaiting developments. The tables were
| filed with law books and legal documents
! OF every description, and everything bore
evidence that great and important con-
| test between giants Of the law was about to
commence.
THE ARRAY OF LAWYERS.
At the first table on the south side sat Mr..
| Charles F. Prendergast. the defendant,
alongside his counsel, Maj. P. w. Meldrim,
$. b. Adams, ESQ.,, aud r. g. Erwin, Esq.
Behind them were Col. Tho mas M. Nor
wood, Joseph A. Cronk ESQ.,, r. r. Rich
ards, Esq, A. 8. Giles, Esq, and A. J. w.
Preston, Esq. attorneys for the plaintiffs.
Alfred e. Millen, one of the plaintiffs,
and attorney ia fact for the other plaintiffs,
sat with his attorneys
As soon as Sheriff Roman raped the
court to order Mr.. Preston arose and made
| a verbal motion on behalf OF the plaintiffs
for continuance Of the case until the next
| term of court because of the absence of
| Col. Clifford Anderson OF Macon, one Of
| the attorneys who is sick aud unable TO be
| here. Maj. Meldrim resisted the motion
| because 1t was not 10 accordance with law,
secure continuance. Judge Falligant
overruled the motion, but Mr.. Preston de-
termiued to gain his point TX possible.
The attorney wrote an atf1davik, which
Mr.. Millen signed, alleging that he was
advised that he could not go safely to trial
without the services OF Col Anderson, on
whom he claimed to rely more than any
other attorney in the case.
MAI. MELDRIM AGAIN OBJECTS.
After Mr. Preston finished reading the
affidavit and presented it to the court, Mai.
| ~ ma do n ais
the motion. He said that the terms Of the
statute did not say that simply because a
plaintiff In a case was advised that he could
not go to trial safely without certain
attorney that sufficient grounds for a con-
tinuance could be made out The law de-
mauds that a plaintiff must absolutely
swear TO such fact, and no proviso is made
for advisers.
Mr.. Adams followed Mr.. Meldrim In a
| short speech in support Of his colleagues
position. Even should Mr.. Milleu bring
himself within the terms of the statute che
question Of continuance. In Mr.. Adams
opinion, in such an important case. was q
matter 10 which the court should have dis
erection to o very large extent.
Mr.. Erwin expressed little surprise al
the affidavit OF the plaintiff Ia fearing the
safety of his case because Of the absence OF
Col. Anderson. To bis mind Judge FALL.
CANT would be much better qualified than
the affiant to say whether the plaintiff could
go safely to trial In view of the fact that
suoh noied attorneys as Col Norwood, Mr..
Cronk and Mr.. Richards, besides eminent
visiting members OF the bar, were represent
ing him. The affidavit looked slightly like
O reflection to Mr.. Erwin on the other at.
torneys to say that the case was not safe In
their hands after all the great research they
had made in Its preparation.
| ANDERSON A GREAT LAWYER.
Mr.. Preston made strong argument In re.
ply to the speeches Of his three opponents
He said the statement in the afidavit that il
would be unsafe to 60 to trial without the
aid Of Col. Anderson was not intended as a
reflection on anybody. None of the other
attorneys on plaintiffs side Of Ithe case con-
sidered it In that light
Mr.. Preston said he had the highest re.
spect for the ability Of all his colleagues, but
it was absolutely necessary to have Col.
Anderson's assistance in the conduct
OF the case, which would prove be.
fore the conclusion to be one of the most
important ever tried In Georgia. In
volving as 1t does, some Of the finest
property In Savannah, he naturally under
stood, he said, that sympathy would be
with the defendants, yet to his mind Col
Anderson could make out the case so strong
and plain for the plaintiffs that any jury
despite sympathy, would be compelled &c
| give him a verdict
AS far as he was concerned himself, Mr.
Preston said that he was willing to say
that among all the lawyers OF Georgia be
considered ex -Attorney General Anderson
one Of the greatest.
THE MOTION AGAIN ovIRRULED.
At the conclusion Of Mr.. Preston's speech
Judge FalliRant said the terms of the statute
covering continuance did not cover the
claim OF the affidavit, and, anyhow, as be
considered the motion in the nature Of ar
effort to evade a trial, he would order the
hearing to proceed.
Mr. Richards at once gave notice to the
court that the plaintiffs would demand that
jurors be put on their voir dire to ascertain
whether any were related to or connected
with any of the plaintiffs or defendants OF
any Of the defendants in the other thirty.
Ave cases yet TO be tried .,or in any way
connected with the warrantors, Grief Linch
Hiram Roberts or James J. Warning.
The defendants attorneys agreed TO the
challenges, and at 5:45 o'clock Judge Falli-
CANT opened the case by asking whether
any Of them were related by blood or mar.
riage TO the parties on either side Of
the cases. Jurors A. s. Bacon and A. r.
Flint responded in the affirmative anc
} stepped out Of the box. Juror w. D
Krenson said he was related to the wife OF
} one of the defendants. He was ais
excused.