The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-01-04
The JURY OUT ALL NIGHT.
No Signs Of an Agreement in the
KeIlaT Case at Midnight.

| ~'N O@OANS w.
KeIlaT Case at Midnight.
A Sensational Day in the Superior
Court-Miss Marshall the Proseou-
trix of Kellar, the Principal Wit
ness-The Story She Told-A Hard
Time Getting a Jury-Scenes in the
Court Room.
The case Of the state against Francis
Barlow Kellar, against whom serious
charges were brought by Miss Florence
w. Marshall, attracted large crowd to
the superior court during the entire day,
yesterday.
The trial lasted from noon until nearly
midnight, and not for one minute of that
time did the outside interest in
the case seem to slack. The gallery was
full from morn to the time the court ad-
! journed and standing room was at pre-
MUM in the space outside the railing.
Even those jurors who were not wanted
until this morning took an additional day
off from business, and several lawyers
were within the railing, attracted by
desire to refresh their memories on the
law in such cases.
The defendant pleaded not guilty. In
outlining the defence, Attorney J. r.
Saussy, Jr., made some remarks about
Miss Marshall's parents. Judge Falli-
CANT stopped him short, aud with a de-
termined look forbade such refer
ences.
In selecting a Jury four panels were
| drawn. The defendant struck seventeen
and the state nine. Five were struck
for cause. They admitted having formed
or expressed some opinion with regard to
the case.
JURY FINALLY OBTAINED.
The jury was finally made up as follows:
William M. Davaut, Chris H. Connor,
Henry w. Fowler, James F. Kelly, r.
Brodie Jones, William H. Crane, Ed
ward B. Nell, Henry E. Dreeson, James
M. Carolan, Charles H. Truchelut, Pat
rick Barrett and Richard j. Davant, Jr.
They were mostly young men.
MIR. Saussy asked that the witnesses
for the state be sequestered. He did not
object to the same being done to those of
his client The witnesses were seques-
tered with the exception of the father
and mother and the young woman herself.
MIR. Saussy objected. and wanted Miss
Marshall's father and mother sequestered
also. The court overruled the objection,
and Mr.. Saussy asked that his objection
be noted. He wanted 1t to go on the min
utes.
Il have already ruled, Mr.. Saussy," the
Judge replied, Ego on with the case"
Previous ito beginning the case Mr..
Saussy entered new plea in abatement
in which the grounds were stated more
fully. This together with the former one
were overruled'b by the court.
THE FATHERS STORY.
Miss Marshalls father was the first
witness. Kellar, he said, first met his
daughter at a boarding house on Aber-
corn street. A few days afterward
he had moved to his home.
Kellar was sick at the time but was
just convalescing. His daughter waited
on him during his illness, and for this
purpose she often went to his room She
was partial imbecile, he said, and had
been at one time confined in the state
asylum. Mr.. Marshall came originally
from Putnam, but had lived in various
places in the state His daughter had
frequently been out from under
his care. He knew of no other young
men she had kept company with besides
Kellar.
During his examination MIR. Saussy saw
Miss Marshall at one time shake her head
at her father. He objected to this, and
said it was for this reason he had asked
to have all the witnesses sequestered.
The court requested the witnesses not to
make any more signs.
The YOUNG WOMANFS STATEMENT.
Miss Marshall was the principal wit
ness against the defendant. She had
been in love with the defendant, and be-
lieved that he had loved her. They had
been engaged to be married. She said it
had been planned to have a marriage
ceremony performed, at which she was to
decline to become his wife. 1t
had finally been decided to
write out an offer of marriage to be
! SiUnpd nv Kp1laP and 70 10
signed by her. This, she said, was be-
cause 1t was cheaper than purchasing a
marriage license. Judge J. G. Clarke had
been Kellar's attorney. She SAID he had
stated that he knew the solicitor general,
who was good friend of his,
and he would get Judge Falligant, through
the solicitor, to throw the whole matter
out of court should it come up. She had
received money from Kellar while in
Atlanta, she said. Another man had
gone with her to Atlanta to pose
as her husband in order to pro-
tect her. She went into details
in her evidence. She was ready to marry
Kellar then and there.
Several portions of the testimony were
objected to by the defendant. The OBJ
jections were almost all overruled Sew
eral other witnesses were introduced. the
state closing with Miss Marshall's testi-
mony.
THE ARGUMENTS.
Solicitor General Fraser handled the
matter for the state, end Mr.. Saussy, Jr.,
argued it exhaustively for the defendant.
Mr.. w. e. Morrison also represented the
defendant. The case went to the
jury at 10:40 O'Clock last night. Judge
t'alligant charged that If the evidence
did not justify verdict of guilty of the
crime charged, there was a lesser degree
of offense under which it might come.
The court waited an hour and a half for
the jury to come down, but no agreement
had been reached. 1t seemed that there
was little probability of one being
reached at once and the court having or
dered that the jury be locked in for the
night, adjourned until 10 o'clock this
morning.