The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-08-08
SAW NO GROUNDWORK LIBEL.
The Magistrates Decision in the Nc
IntirG- DOOlal Case.

The Defense Held to the Statement
That Persons Had Been Registered
without Paying All Taxes Required
of Them-The Matter May Go to the
Grand Jury.
The preliminary hearing Of the charges
of criminal libel preferred against Mr.. J.
J. Doolan by Mr.. James w McIntire re-
suited yesterday in the acquittal of the
| defendant before a bench of magistrates
composed Of Justices NJ. Naughtin. Samuel
Reynolds and Frank McDermott
The hearing was set for 10 O'Clock, but
at that hour Mr.. A. N Manucy, one of
the registrars in the last election, and
who the defendant held was q material
witness on his side, had not put in an ap-
pearance. He was telephoued for, but
could not be reached. The matter was
delayed thus for some ten or fifteen min
utes, when a recess for half an hour was
taken and an attachment for Mr.. Manucy
was issued. Mr.. Manucy, however, could
not be found.
The courtroom was filed to overflow
Ing with spectators, all eager to hear
what was to be brought out by the evil
dence. A good many politicians who were
interested in the proceedings were present,
and watched the progress of the case
closely. Mr.. McIntire appeared by his
counsel, Mr.. J. r. Saussy, and Mr. Doolan
was represented by Mr.. w. w. Osborne
PROCEEDED WITHOUT HIM.
At II o'clock the court convened again
but without Mr.. Manucy. MIR. Saussy
Hruf ID rF
the charge, reading the code upon the
subject, and showing how criminal libel
is defined. 1t stated that where a bench
of magistrates sat a majority ruled, and
it was the duty of the court of inquiry TO
| turn defendant over to the grand jury
whenever there was probable cause to
suspect the guilt of the accused
Mr. Saussy read from the paper that
portion of the article in question, on
which the affidavit and the charge were
based. This is the quotation in question:
You knew that you registered men who
had not paid their taxes, which act was
in clear violation of the law. The Daily
! Dispatch charges and stands prepared to
| prove that you registered voters whom
! you had no right to register when you
had charge of the county registration"
! Mr.. Mclntire was sworn as the first wit
| ness for the prosecution. He said he was
| registrar for 1890 and 1892. He said
| Joseph j. Doolan was the editor Of the
paper alluded to; that the charges were
! not true, and they were unCalled for.
Mr.. David Robinson was then sworn.
| He did not know who wrote the article
referred to, but supposed it originated in
the editorial room. Mr.. Doolan, he said,
was the editor. He said he was not the
| author but it was generally believed and
talked that Mr.. Doolan wrote it, The
! prosecution closed here
LINE TAKEN BY THE DEFENSE,
Mr.. w. W. Dowel was sworn for the
| defense.
MIR Dowell, are you a resident of this
county2' MIR. Osborne asked.
| "Yes, sir; since 1889"
Did you register in 1892"
81 don't know. ] have no recollection
of It. l registered in 1894 l don't re-
member whether 1 went to the court
| house to register or not in 1899. [ voted
in the election in which MIR. Dillon ran
against MIR. King"
MIR. Dowen said he registered once
| prior to this last time, but couldn't re-
! at all the elections. He said he went to
Mr.. Clement Saussy to register and had
TO pay his back taxes amounting to S. for
| 1889, 1890 and 1891. These were paid in
1894. He paid his taxes for 1892 He
didn't remember registering in 1890.
Before yop registered in 1892 you paid
your taxes for the year beforel" was
asked.
"Yes sir, think that was the case.
paid 81"
He was asked for his receipts, but Mr.
j. MCGOWAN was present with the digest
and they were unnecessary. He said he
had paid all taxes demanded of him.
PAID FOR YEARS PRIOR TO ELECTIONS.
Mr.. Arthur S. Haines was next sworn.
"You registered in 1892" asked Mr..
Osborne.
II think did"
Did you register In 1S947"
"Xes, sir"
"Did you pay any taxes this year,"
Yes; paid "a, so for three years"
"How old are you}'
Twenty l believe"
when you registered in 1892, you
owed one years taxes for 1890"
Il think So"
You paid in 1889, and registered in
1902" asked Mr.. Saussy on the cross-ex-
| animation.
Il think so,n
And you paid in 1891, and registered
In ls92P'
Eyes, sir"
He registered In those years" said
MIR Saussy, with the tax receipts of the
year before His defaults were for 1890
lodS anu 1910 Inc taxes LOT JDe wears
preceding the registration were all that
was necessary under the law at that
time"
Justice Reynolds and Justice McDer-
mott wanted TO understand the full pur-
port of the law. The Georgia laws on tho
subject were sent for.
Mr.. Haines did not remember whether
Mr.. Mclntire referred TO any book TO see
If he was entitled TO register. He said he
believed he was a qualified voter at the
time he registered and went TO the court
| house prepared to pay all taxes.
MIR. Habersham said he thought he reg
istered in 1892. When he went TO regis
ter in 1894 he learned he owed taxes for
1892 and 1893, which he paid. He had paid
for 1889 and 1891 and registered in 1890
and 1892. He didn't remember whether
MIR. McIntire asked him for his receipt.
HAD TO GO TO THE COURT HOUSE.
Mr.. Frank W. Williams was next
sworn.
Did you register in 1s9O}n Mr.. o.
borne asked
II don't remember, " was the reply.
'ln 1S92}n
81 don't remember"
In lS94ln
Eyes, sir
Did you owe any back taxes2"
They charged me $3.50, some of which