The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-09-29
PUT UNDER ARREST AGAIN.
judge FeTTill Granted a HlbelS Cor
puS, but Miller Went Back TO Jail.

puS, but Miller Went Back to Jail.
Judge Ferriu Decided That He Was
Illegally Detained and Ordered His
Discharge Mayor McDonough Said
the Charges Were Still Against Him,
and He Would Try Them Next Tues
day-He Was at Once Rearrested,
but Gave Bond for His Appearance.
Herman Miller was granted a writ of
habeas corpus by Judge Hampton Ferriu
yesterday and was discharged from Gus
tody. but at the order OF the mayor when
the case had been concluded. ne was re-
arrested and was informed that he would
be tried on the same charge before his
honor the mayor, next Tuesday morning
Miller, who was arrested a day or two
ago and sent to Jail TO serve a sentence of
thirty days for Sunday liquor selling, APP
piled to Judge Terrell for a writ Of habeas
corpus, on the ground that he mad been
served with no summons to appear at any
trial, and not having been legally notified,
his trial was void. He was absent from
the city when his trial was held. and was
arrested and sent to Jail on his return to
the city.
SAID MILLER RAN PROM THE SUMMONS.
The case was called yesterday at 70
O'Clock in the ordinary's court, it having
been carried there, as a decision was
wanted without delay. Mr.. =. B. Adams
appeared in behalf of his honor the
mayor. and Miller was represented
by Mr.. Z. S. Morgan. Quite large num-
Der of witnesses had been summoned in
the case, and the hearing OF the testi-
al
city introduced testimony to show
that Miller knew that he was to
be summoned and that he had made his
escape when he saw the officer coming TO
his place Of business for that purpose;
while on the other hand Miller endeav-
ored to show that he had never been le-
gally ksummoned-that he was absent
from the city when his trial took place,
and that when he returned to the city he
was arrested without knowing the reason
for it.
LEFT BEFORE TIE SUMMONS CAME.
Bristoe Antony, one Of Miller's wit
nesses, stated that Miller left his place of
business on Monday morning, Sept Is, at
s o'clock, and that he left the city on the
8 o'clock train for Bryan county without
returning 70 the store, He stated that
Miller did not return until Saturday,
when he was arrested at his house.
Chas. Kolshorn said that he had not
found Miller al his place of business dur
ing the entire week. Antony stated that
when the summonses were brought there
on Monday afternoon ne didn't know
where Miller was and did not notify him
Policeman kavan2ugh testified that he
had caught Miller selling liquor on Sun
day and had told him so that day. Police
man Murphy stated that he had carried |
two summonses to Mlller's place on Mon
day for the two charges against him He
Tar NJ haf bo "A
going to serve the summons when Miller |
he thinks, saw him and skipped out He
failed TO md him, and, returning to the
barracks, put the summons into the
hands of Policeman Cronan.
CLAIMED MILLER WAS THERE MONDAY
AFTERNOON.
Policeman Cronan testified that he car
ried the summons down to Miller's place
of business Monday afternoon and said he |
was prepared to prove that Bristoe Anto- |
ny, who was in the place at the time, had |
called 10 Miller 10 look out, as a policeman
was coming. On the arrival at the store |
he had failed to find Miller
Henry Blair was put on the stand to |
testify as to this remark which Police |
man CrOnan said had been made by |
Antony. He stated IN substance that such |
remark had been made. Mr.. Morgan |
showed by Blair's testimony that he had /
been IN the penitentiary, and raised an /
objection TO some sign which had been /
made to the witness by one of the police |
men. Judge Ferriu at once ordered this |
stopped.
WAS he LEGALLY TRIED7
Mayor McDonOugh testified that he /
considered that summons had been legally |
served on Miller, and that for this reason |
his trial, after having been postponed |
from day to day until Saturday. was held. |
and he was found guilty and convicted. |
The attorneys in the case based their ar |
guments upon the above testimony. it |
being argued for the city that Miller had |
run away from the city's officer who went |
TO Miller's place Of business to serve the |
summons on him, and that therefore he |
was held responsible and should have ap- |
peared at his trial, while Miller's attor-
ney argued that he had never been legally |
notified Of the charges against him and |
that previous TO his arrest he knew moth |
ing of his trial and conviction
Judge terrill was not long in deciding |
the case. He said the applicant Herman |
Miller, was illegally deprived of his liber-
ty. that be entertained the habeas corpus
and ordered the prisoner dicharged.
RELEASED But RE-ARREsrRD.
This decision was in effect that Miller's
trial had been illegal and that it was
therefore null and void. Mayor McDon.
ough then gave Miller notice thai the
NAAA~A ss~4A4 ACALdAAACt dEAlAA~E MIN, ana
that they would be tried before him next
Tuesday morning. He said that as Mil
ler's attorney had stated that an arrest
was necessary he ordered his arrest at
once.
Miller was then taken in charge by two
OF the policemen who were present at the
trial and was carried to the barracks.
he gave bond at once, however, and was
released. Mr.. Morgan thinks that his
client has been unjustly treated, especially
IN the contiscation of his property, ana he
says he will fight the case to the end.