The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-09-19
TO REMOVE Mr.. T. F. JOHNSON.
CITIZENS CLUB TRYING To GET A
NEW REGISTRAR.


John 1. MOrrissey Raised quite n
Breeze Mt the Court HOuse--It Was
Not on the Subpoena Docket, Nor
Was There Any Case Pending.
Issued by Mr.. GrndOt at MIR. Os-
borne's Request - Considerable
Talk and Some ExpInnatiOns-The
Text of the Petition Which Was
Filed with Judge FaIliEant Last
Nigtht-It Is Bnsed on Several Affi-
davIts-May Come Up This Morn
ing.
There will be a petition presented TO
Judge Robert Fauigant Of the superior
court. asking the removal, as county reg
istrar, of Mr. T. F. johnson, who was ap-
pointed as the representative OF the re-
publican party.
The petition is based on two particular
grounds, first that the republican party
has no state ticket in the field this year,
and, therefore, is not entitled TO a regis
istrar within the terms Of the statute, and,
second, that Mr.. Johnson has partisan in
clinations in favor OF the Liberal Club
faction.
There was an interesting prelude to the
presentation Of this petition, the scenes
of which took place at the court house yes
terday afternoon. Wishing the testimony
of Mr.. John l. Morrissey in the case Mr..
W W. Osborne, representing the Citizens
Club, sent an original subpoena to Mr.
Emile A. Gradot deputy clerk of the SUI
perior court, summoning Mr.. Morrissey
to appear at the court house this morning
at 10 o'clock, to give evidence I'm the mat
ter of the petition for the removal Of T. f.
johnson as county registrar"
Mr.. Gradot made out the duplicate sub
poena shortly after 70 o'clock, and sent
both the duplicate and the original to the
sheriff's office for service. The subpoena
was placed in the hands of Deputy Sher-
If Higgins, to be served on Mr.. Morris
sey. Members of the Liberal Club learned
of the existence of this subpoena, and as
it appeared on its face that some paper or
petition seeking the removal of Mr.. John
son had been filed, went to the office of
the clerk of the superior court, Mr.. ]. K.
P. Carr, and asked to be allowed 70 see
it. They were Messrs. P. J. O'Connor, T. !
J. Davis. Walter c. Hartridge and Capt.
John R. Dillon.
Mr.. Carr said he had not seen any such
paper himself but would look over the
dockets. After an examination of the
dockets, he stated there was no record OF
any such paper in the office. He also ex-
amined the subpoena docket, and found
there no record Of any such subpoena as
the gentlemen stated they had seen.
90 TO- 49,
had a half holiday for the afternoon, and
asked him about the matter. Mr.. Gradot
stated that Mr.. Osborne had sent down a
subpoena with the request for service up
on Mr.. Morrissey, and that he had sent
the original and duplicare TO the Office of
the sheriff to be served. He stated that no
petition had been filed but he understood
that one would be filed. He also said he
had not entered the subpoena on the sub
poena docket.
The Liberal Club representatives at
once saw in this a piece OF political
trickery. They stated that no such sub
poena should be issued unless there was
some paper in court TO base it on; that
no such subpoena should be issued then
without an order, which had not been
given and that it should not be issued
without being entered on the subpoena
docket
Mr.. Carr informed the gentlemen that
he knew nothing whatever about the pro-
ceeding, and that the subpoena had been
issued entirely without his knowledge or
consent. He said he had given instruc-
tions in these matters and that they had
not been obeyed, and that the deputy
clerk had no right, under the crcum-
stances, to issue the subpoena.
Il was surprised" Mr.. Carr stated, in
explaining the matter Ito find that the
subpoena had been issued when there
mo no,
instructions that subpoenas should not
be issued without the precipe, or order
for them. This precipe states the name
OF the case, and the time when II is de-
sired that the witness shall appear Such
subpoenas cannot be issued unless there
is some case or proceeding on file in the
office on which to base them"
AS Mr.. Gradot had issued the subpoena
at Mr.. Osbornes request he went to Mr..
Osborne's office, and shortly afterwards
returned with him TO the office of the
clerk of the superior court. Mr. Osborne
and Mr.. Carr then had some discussion
about the matter.
Mr.. Osborne claimed that there was
nothing irregular about the matter 1t
was a thing. he said, which had been
done in hundreds of other instances, es-
pecially In cases where witnesses were
summoned before the grand jury to testl-
fy in case which was not OF record IN
the court and with regard TO which no
papers had been filed.
In such cases as these, Mr. Carr stated
orders for supoenas always came from
the solicitor general. He said he had
given particular instructions that sub
poenas should not be issued unless there
was a precipe for them, and then only
unless there was some proceeding on
which TO base It. He was surprised, he
said, to learn Of the subpoena having
been issued. especially as he was unable
TO find any record of the petition.
Mr.. Osborne stated that he could name
instances in which subpoenas had been
issued on precipes before the petitions
were filed. The petition. he said, would
be filed last night, and he was ready to
furnish precipe at once.
Mr.. Osborne stated in this connection
that his reason for hurrying the subpoena
was that Mr. Morrisey had certain evil
derce in the case, and he desired to Sc
cure from him an affidavit, because he
had heard that Mr. Morrissey did not de-
sire to give his testimony on account Of
friendship for parties interested.
Mr.. Osborne then wrote out the precipe
or order for the subpoena and turned II
over to Mr.. Gradot. who then made re-
cord Of It on the subpoena docket. This