The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-08-08

Justice NdueHtlu askeu- I'D YOU 90
70 the court house to register in 1890 and
ls92t'
II don't remember" was the reply.
Mr. Saussy asked: as there any other
way to register except by going to the
Not that I know Of" said Mr.. VIII
Hams,
Whenever YOU registered, you went to
the court housed"
Yes, sir"
THE DISPUTED CASE.
MIR George T. Fitzgerald. when sworn
said he paid in 1894 five years back taxes
before registering. The receipts We're
shown. They were for 1882 1880, 1891,
1892 and 1898.
Did you register IN 1S9O2'' asked Mr..
Saussy.
No, sir
when you registered In 1892 were any
questions asked of you2'
mo, sir, no questions were asked -
Did you think you were a qualified
voter"
Yes, I thought was"
Mr.. j. B. Gaudry, Jr., was next called,
but was not present
Mr. McIver had not been subpmnaed
Mr. William II. Matthews was then
called and sworn.
He said he did not register in 1890 This
name was found on the 1890 book, but the
Il,
He was withdrawn from the stand.
Mr.. j. d. Nell was next sworn
he said he believed he had registered
I'm 1892. He registered in 1894 and paid
taxes for 1892 and 1898, but no others.
lie said he paid his tax in 1892 Just be-
fore he registered, which was for 1892
This was 1891 tax.
OBJECTED To FURTHER TESTIMONY.
Mr. Saussy objected to taking up any
thAr.
introduced was irrelevant. He objected to
any testimony looking to a Justification of
MIR DOolan. He said it was only re-
quired to show that there were sufficient
grounds to suspect guilt, and the testi-
mony showed that there had never been
any knowing violation of the law, which
had been charged. He objected to any
further testimony for the purpose of JUS
tifying MIR. Doolan.
Mr. Osborne said he thought this a re-
markable construction of the law, that
the defendant had the right to establish
the truth or falsity of the charges, that
he had established his innocence by show
ing that he had spoken the truth, and
that Mr.. Doolan was entitled to viudi-
cate himself then.
go on with the case" Justice Naugh-
tin said.
Mr. Thomas O'Connell was then sworn.
He registered in 1892 and 1894 he paid in
1903 DdCh TAXES LOT 1905, 1903 anu 1917.
He had paid the taxes for 1891 before he
registered in 1892.
Mr.. A. A. Pacetti was called, but did
not appear. Bernard Leddy was then
sworn.
He was registered in 1892 and 1894 He
SAID he paid taxes for 1883 and 1889 in
1894 He had paid all other taxes and
paid before he registered in 1892
Jesse L. Wells was then sworn. He
was registered in 1892 and 1894 He had
paid for 1891, 1899 and 1898, but not for
1888, 1889 and 1890 He was not regis
tered, he said, in 1880.
REGISTERED IN 1894.
Capt J. J. MCGOWAN was next sworn,
tWil you look at the name of J. B.
Ga9dry and see when 1915 poll tax was
paidP' asked Mr.. Osborne.
1T was not paid" he said
Not paid yet9" asked Mr. Saussy.
''NO, sir"
"Well, l want to show that he has not
paid that tax, and that if he could elude
one registration he could easily elude an
other"
Old he pay for l880!' asked Mr. Os-
mo" said Capt. MCGOWAN.
Mr. Frank w. Williams had paid for
1891, but Capt MCGOWAN didn't know
when
."The law, y said Mr.. saussy, 'presumes
~ was pau WuGu IL was OuG.
Mr.. A. A. Pacettis name didn't
appear on the digest but, it was
shown. chat his age was Sc, and he was
not required to pay.
Capt. MCGOWAN was asked to look for
Hugh Smith. MIR Saussy objected to this
testimony. as the tax digest didn't show
all the facts in these cases and the wit
ness was not present.
The tax receipts were exhibited as evil
dence, but were ruled out. The witness
could not be obtained The defense
rested mere
TIE FITZGERALD CASE.
Mr.. MCGOWAN stated as to the case OF
Mr. Fitzgerald he had paid 1889 and
lo9l's taxes in 1894.
Mr.. McIntire stated that George T.
Fitzgerald had not registered in 1890, that
his tax was paid in 1889, but was not
marked paid until later that he paid his
tax for 1891 before. registering in 1892, as
be remembered having sent him back TO
Capt. MCGOWAN, and he came back with
the tax receipt for 1891. 1t was either on
ii ia or for double tax. This happened
in 1892. Although 5000 registered in 1892
he could refer to certain data he said,
ana refresh his memory, and he stood on
his statement.
Mr.. Fitzgerald said he went up in 1892
TO register, but no questions at all were
asked him. Mr.. Mclntire began to make
statement ABOUT the instructions he re-
ceived from the county commissioners
but was not allowed to do so, it being
held that this was hearsay evidence.
MIR. sAUssY's ARGUMENT.
Mr.. Saussy opened the argument. Mr..
Mclntire was appointed registrar, he
said, under law passed in 1873. This
law required the voter only to present
the tax receipt for the year before. The
law was amended in 1874 and 1875, but
from 1873 all that was required was the
receipt for the year next preceding the
election. This, 1t had been shown, was
presented in every case except that Of Mr.
fitzgerald, who says he thought he was a
legal voter The charge, MIR Saussy said,
was libel. This court was not the one to
hear Justification, but must decide
whether il had been shown that libel
was Pr .ished. In the case of 5,OCC
voters, he said, ii was shown they had all
PAID their taxes for the year next proceed
ing the election except one, and this one
might havo paid them twice. The stat
uJe, he said, was passed before the con
Sutution Of 1877, and was of force until
Tie recent registration law went into
effect.
TIE DEFENSE SIDE,