The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-16


in a case and submit them 10 the Jun y.
This is the theory and practice of
fair minded officials. and I am glad to-
bear witness that such is Mr. Fraser's
practice, too"
He further contended that facts TO be
had from these witnesses could be Sc
cured from other witnesses, and that
IL was not fair TO defendant 10 have any
further pOstponemeut or delay He
would like a definite lime asked for, as
the present motion WIS too vague.
Judge Twiggs continued the argument
and read authorities 10 prove that the
state had not made sufficient showing
to justify a postpOnemeHf. He COM
mented on the fact that Somers was
in a foreign jurisdiction and could not
be made 10 obey a mandate from this
court, and hence there was an uncer-
tainty as to his coming at any time
Mr.. Meldrlm interrupted and asked
Mr. Fraser if the telegram from Somers
reading children are sick, l cannot
come" was correct.
Mr.. Fraser-'It is"
A three cornered argument ensued as to
who had asked for the previous post
ponements in which Mr.. Fraser came on
with the honors. Judge Twiggs continued
his argument against the motion He sta
ted, however, that his client would con-
sent TO a ten days pOstponement, or even
a week or so, if they could be sure that
could be had.
But" said the counsel with a sly
smile, we hear of his sick children, his
sick relatives and i believe he is the sick
est man in the lot.'' He claimed that the
defendant had been knocking at the doors
for a speedy trial ever since the begin
ming and had been met by the state by
continuances.
Mr.. Fraser denied this emphatically. LAS
to knocking at the door," said ne with
sarcastic force, 81 notice that the knock
ing began to be loud when our witnesses
had gone Off. He then read the statutory
requirements in such eases and argued
that the state was not required to make
the statement that the defendant was I'm
such cases. This witness was necessary
and the state could not prove what this
man would testify to by ny other person.
He read a grand jury subpoena TO show
that il brought the witness rs who appear
ed before that body into the court as well.
The defense asked that the state should
say what II expected to prove by SOM
ers and the other witnesses. The judge
conceded in this view.
Mr.. Fraser-"It has surpris ed me that
the counsel should say that Miss stock
toms testimony might not be questioned
by the state. In regard to Spmers, we
expect to prove that Miss Stockton and
Fitzpatrick were on intimate terms; that
he had an engagement at Thunderbolt
with her, that would warrant him, in
view of their close connection, in going
there; that he went to a funeral that
day and then went to Thunderbplt as he
had a natural right to do; thdd the de-
PENDANT, knowing Of the presence there
of Fitzpatrick, went there; that F1tz-
patrick had a note from the woman,
and that he went up 10 see her, as he
had a right to from his intimate rela-
tons. We shall prove, too, sir" con-
tinued the solicitor general, that as he
went UP, unarmed, he was shot down;
that as he stood before the door, Loud,
who was inside, began firing; that Fitz-
patrick was not armed. and that ne
was shot down as he walked in when
the door was opened by Miss Stockton.
Somers swore before the grand jury that
Fitzpatrick had no stick, whereas Miss
stockton makes affidavit that he was
armed with a stick or club, and that he
was making lunges at Loud when the
latter fired. Somers swears this is not
so. / submit. your honor, that this Is
the gist of the case, and the state must
be allowed to secure such important
testimony"
MIR. Morgan stated that the defendant
had done all possible to aid the state,
and had finally located Mrs. Somers for
It. Mr. Fraser denied this, and spicy
coloquy followed.
Mt Morgan-WelI. it's the same We
aided in locating him, and have tried to
get him here ever since We have been
knocking knocking knocking, long and
loudly at the door for a trial. Why we
paid the telegram to Mrs. Somers IN try
ing to locate her husband, and our eli
ent is so anxious for a trial that he has
almost offered to pay Somers' expenses
here himself"
MIR. Morgan" said Mr.. Fraser, rising
hastily, II object to such statements by
counsel paid that telegram myself and
paid so cents for it and haven't yet been
repaid l would like to have ii now"
Mai Meldrim slyly proffered half dol
lar to the solicitor general, at which the
laughter broke out anew.
Mr. Morgan renewed his argument. stat
ing that the circums tances did not indi-
cate that Somers wanted TO come back.
There was no hope of getting him under
the present circumstances and he thought
the motion was not fortified by legal
points to Justify a postponement-
A spicy colloquy ensued as to ex-
penses and time, the solicitor general say
ing that he couldn't telegraph letter 10
Somers and Mai. Meldrim Offering to pay
for it. if he would Mr.. Fraser objected to
any such course as he said that counsel
might pay it and then make the statement
in the court room and that 1t would have
a wrong effect. He preferred sending
letter by mail, as he had tried telegraphing
and was out of pocket S. or Sc already.
The spectators appreciated this bit OF
wordy warfare and applauded each side
till stopped by the deputy's orders, for
Silence"
Finally Judge Fallagant asked as to
weeks postponement Mr.. Fraser desir-
ed two, but as Maj. Meldrim stated that
he was to leave the city on the night OF
the 2Srd, the judge set the case for Fri
day morning Aug. %. at 10 o'clock.
The solicitor general said last night
that he had already sent letter to Som
ers and that money would be sent him
to pay his way here If necessary. He
thought that Somers would be here on
time.
ON AN INSPECTING "TRIP.