The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-14


Mercer said Judge Sweat ought not to be
allowed to go on the way he had been do
ing, or it would ruin him. Mr.. Mercer
asked If Faulkner was a Mason, and said
if he was the matter could be easily set
tied. Miss Bradley heard Mr.. Mercer Of
fer Miss Leila $500 to compromise the mat
ter and heard the girl refuse. Later
Judge Sweat called and asked Miss Leila
to go to the orchard and gather peaches.
There were no peaches in the orchard at
that time.
On the cross examination by Attorney
Brantley Miss Bradley said that in offer
ing to settle the matter Senator Mercer
pretended to act as friend of the fam
lily.
WAS Mr.. Mercer your friend?" asked
Mr.. Brantley
He pretended to be-" said Miss Brad
ley, but you can't read the heart of any
man."
A. D. Graham of McRae was counsel for
D. NJ. Crosby during his first trial for kill
ing Mccarthy. He knew nothing of the
alleged improprieties at Indian Springs.
but knew of letter written by Judge
Sweat to the attorney who was prosecut-
ing Crosby for murder
Mr.. Padgett was the next witness. He
was present at the second Crosby trial. He
thought the judge was impartial in his
charge. After the jury was out some
time it was recalled. Judge Sweat then
recharged them, emphasizing both sides
of the case. The jury had been out a
whole day before it was recalled. Mr..
Padgett said that Judge Sweat was crit
icised in the community for allowing
Crosby bail without giving notice to the
family of Mccarthy. When Mrs. Crosby
walked into the court room during the
progress of the trial, there was great COM
motion. Judge Sweat had nothing to do
with the commotion, but in view of the
gossip that was going around the coun-
try. it was natural that people should
stare at her, the witness said. Mr.. Pad
gett saw the letter written by Judge
Sweat to Judge T. A. Parker and Chair
man Fielder announced that a telegram
had been sent for Parker to come and tell
about the letter.
E. C. Stafford, member of the grand
jury, that recommended Mr.. Toomer, said
he did not know whether the ex-
ira men were secured that day
for the purpose of securing Mr. Toomer's
endorsement and Sheriff Brown of Cam
den county said the day the extra men
were summoned only twenty grand jurors
were present The judge told him there
were three good men there, calling the
names of several bystanders. In reply to
Mr.. Meldrim Mr.. Brown said he knew that
eighteen men constituted a legal grand
jury. Twenty men were on hand and the
Judge ordered him to get three more as it
was the custom not to start with less than
twenty-three.
Attorney A. A. Lawrence of Savannah
testified that the solicitorship race was
warm one, and the action of the grand
jury was an important matter He had
heard the three grand jurors suggested by
Judge Sweat express their preference for
MIR. Toomer. Mr., Toomer was recon-
mended by the grand jury two or three
hours after being empanelled Mr.. Law
renee did not know positively whether
Judge Sweat knew how the men stood
whom he designated for grand jurors. He
saw the judge speak privately to Foreman
Wright.
Foreman Wright of the grand jury that
endorsed Mr.. Toomer was the first witness
for Judge Sweat. He was one of the ex-
ira men put on. He said Judge Sweat had
nothing to do with the endorsement of
Mr.. Toomer
Capt. Richardson, another of the tales
grand jurors, said he went to the court
room for the express purpose of being
caught on the grand jury. 1t was gener-
ally known he was the head of the ToOm-
er forces. Mr.. Richardson had talked
with Judge Sweat the day before the court
had convened. Judge Sweat asked if Mr..
Richardson would be at court the next
day. Mr.. Richardson replied he supposed
so. and he hoped the Toomer matter would
Judge he favored Mr.. Toomer.
Edwin Brobston, ]. NJ. Callahan and NJ
w. Mock testified that Judge Sweat was
sober the day after the st. Simons ban
quet. Messrs. Goodberry, Walden and
Stoddard, all of Brunswick testified to
the same effect, they being members of
the jury that day.
An affidavit of John w. Tlppins, clerk
of Appling superior court, was introduced
to show that bond was allowed Crosby on
Jan. 8, 1894, and that he was acquitted in
September 1895.
G. j. Holton, attorney for Crosby, testi-
fed he went to Brunswick where Judge
Sweat was holding court, and made ap-
plcation for bali. Mr.. Brantley was
present as solicitor general and repre-
sented the state. He made no objection
to the bond.
John Hamilton, who was on the first
jury that tried Crosby for killing Nc
four days when the mistrial was declared
The jury stood eight for acquittal and
four for voluntary manslaughter.
Editor Stein of the Looking GLASS; which
paper published the scandal, in which
Judge Sweat was alleged to have been
involved at Indian Spring with Mrs. d.
~ Crosby, was put on the stand. He
said that the article was, he believed
based upon facts. The first intimation of
the affair he testified, came to him
through the medium of an anonymous
letter. Upon the receipt of this he sent
a representative down to Indian Springs
and an investigation was made. After
the publication of the article, he said
George Collier told him that 1t was true
as he heard the gossip.
Following Editor Stein, Judge S. A.
Crosby, the uncle of Mrs. d. n. Crosby
was called to the stand. He testified that
he did not know that Mrs. Crosby was ac-
quainted with Judge Sweat at all. His
wife had been i'll for eight years and she
had been advised to go to Indian Springs
for her health, in the summer of 1896
For the sake of company he urged Mrs
d. N. Crosby to go along with her and
several days afterward he followed them
to that place, not having received any
letters from them. Judge Sweat had left
Indian Springs before he arrived. Mrs.
Crosby, his niece, told him that Judge
Sweat had asked about him and he re-
gretted that he did not meet him.
Then Mrs. d. N. Crosby, the lady with
whom Judge Sweat is charged with hav-
ing improper relations, was introduced as
a witness for the defense. She Is a very
handsome woman of more than medium
hight and was etylighly dressed In brown