The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-12-30
ALMOST A MARRIAGE.
The Court Comes Near Having TO Per-
form an Extraordinary Function.

Francis B. Kellar on Trial on the
Charge of Alternating the Affections of
Florence w. Marshall Under Prom
Use of Marriage-Miss Marshall Ready
for the Ceremony, But the Defendant
Demanded Certain Conditions and
Proof-Two Witnesses Summoned to
Show Cause Why They Should Not
Be Held in Contempt.
A sensation was sprung in the superior
court yesterday after the trial of Isaac
Young, when the case of the state against
Francis B. Kellar was called, in which
the prosecutrix was Miss Florence w.
Marshall The prisoner was to be tried
under charge, mildly stated, of alien
ating the young lady's affections under
promise of marriage, which he failed to
fulfill. The indictment charges that the
offense was committed in October, 1891,
the exact date not being set forth.
Kellar, who is young merchant In the
city, was for time boarder at the house
of Miss Marshall's parents at Drayton
street and Broughton street lane. While
there it is alleged that he alienated the
affections of the young woman, that she
yielded to him under promise of marriage,
and that he failed to keep this promise.
Charges were therefore preferred against
him and criminal prosecution was in
stituted.
WILLING TO MARRY UNDER CONDITIONS.
The case was set for trial yesterday,
and was called in the afternoon. The de-
PENDANT was represented by Mr.. j. r.
Saussy, Jr. When the case came up the
defendants attorney stated that he de-
sired to enter plea in abatement. He
handed the court a written statement In
which he showed that the defendant had
offered to marry the plaintiff afterward,
and that the offer had been rejected. He
was asked by the court if this offer still
held and if the defendant was ready to
marry the prosecutrix then and there.
Mr.. Saussy said that the offer was still
in force under certain conditions, which
he stated, and which were in substance,
provided that the prosecutrix had not al
lowed her affections to be alienated in
similar manner by others than Kellar
since this offense was alleged to have
| been committed.
"Thats another question, )" said Judge
Falligant. SIS the defendant ready to
marry the PLAINTIFF"
Mr.. Saussy again stated the conditions
under which Kellar would marry Miss
Marshall. Judge F'alligant wanted yes,
or no for an answer.
LOOKED LIKE MARRIAGE.
Mr.. Saussy began to explain again and
| had said that Kellar was willing to
marry her, when before he had finished
Judge Falligant ordered the prosecutrix
! to be brought into court 1t looked very
much as if there were going to be a mar
riage right then and there. Miss Marshall
was asked by the court if she was ready
and willing to marry the de-
PENDANT and replied that she was.
| This, however, was unsatisfactory to the
defendant, except under the conditions
and proof which had been asked for.
II overrule the plea said Judge Falli-
CANT after this statement had been made.
VERY well then" replied Mr.. Saussy,
1--WE will proceed with the trial"
TWO WITNESSES ABSENT.
1t was found, however, on inquiry, that
DIR. G. G.. Greene and G.. w. Kroeg, two
important witnesses for the defendant,
were in Atlanta. They had been sum
moned to be present, bat failed to show
up. Miss Marshall's child was born in
Kroegs house, in Atlanta, and both he
and Greene were important witnesses.
Mr.. Saussy then asked to be allowed to
write out the testimony which they
would give and submit it to the court.
This was done, but found to be unsatis-
factory, and the case was continued until
next Wednesday.
Attachments were issued by the court
against the two witnesses for the defense
who had failed to appear, and they will
be required to show next Wednesday, why
they should not be held in contempt of
court.
1t is understood that some very spicy
evidence will be introduced at the trial
of the case next Wednesday, The attor-
ney for the defendant has in
his possession a copy of mar
riage license which was issded to Pierre
G. Oglesbly who is now in Jail
in Havana, and Miss Marshall. They
were about to be married May 9, 1891,
when the mother of Miss Marshall pre-
vented the ceremony from taking place.
Other interesting facts, it is said will be
brought out in connection with the case,
and altogether the trial promises to be
! somewha AFT sensational