The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-07-18

erection among the workingmen employed
thereon by the contractors in charge of
the electrical work was an
individual named Bert Markle
After finishing his work here
Markle went to Chicago, where he
married the housekeeper of the establish
melt of Ferd Peck. 1t was not long, how
ever, until the Wisconsin Telephone Com
pany missed one Of it telephones. While
here Markle was known as a person of
rowing disposition, and suspicion of having
purloIned the instrument rested on him.
He was arrested in Chicago, extradited
and brought back 10 Milwaukee
He was discharged as innocent on pre-
liminary hearing, the court holding there
was no probable cause to believe him
guilty of the crime. Markle returned to
Chicago resolved to avenge himself for the
wrong ne had suffered at the instigation of
the telephone company, and he engaged
Attorney Greer to begin proceedings in a
damage suit for 5000 malicious prosecu-
ton.
Greer secured the assistance of Col.
Weissert of Milwaukee to help him in the
litigation, being unfamiliar himself with
the procedure of Wisconsin courts. The
complaint was drawn up and served and
Markets attorneys were DESTROYS of a
speedy trial The telephone company had
retained the law firm of Miller Noyes
Miller & Wahl to look after its interests
and those attorneys succeeded through one
pretext or another in delaying the trial of
the case for a number of years Although
Markle and all his witnesses had fire.
quently appeared in court ready for trial
adjournments were secured by the tele-
phone company through the payment of
costs.
At last Judge Austin became tired of the
do
cided that he would put an end to them
Last summer during the great street rail-
way strike in this city, when about two
thirds of the people of Milwaukee were en-
gagged in acts of hostility toward Henry c.
Payne's street railway company, a con-
Germ with which the Wisconsin Telephone
Company was allied, the damage suit was
called for trial The plaintiffs attorney
was not ready for trial this tins, but Judge
Austin would not grant an adjournment
The Plaintiff Markle did not appear in
court, and could not be found. Greer had
heard that he was dead, but was not GER
tain of that fact at the time. Col Weissert
had been called away from the city, and
the Chicago attorney was obliged to de-
pend upon his own resources. He gave
every reason known to the practice of I'LL
nolS Tor securing an adjournment, except
the absence of his client, which he discreet
ly kept a secret. Greer kept the wire to
Chicago hot with messages of inquiry re-
garding the whereabouts of his client, but
he received no reply.
Finally the court was adjourned for the
noon hour when Judge Austin announced
that jury would be called in the after
noon. Greer was desperate and resolved
to resort to heroic measures Shortly aft
er he had eft the court house he was stop
ped by tramp, who asked for dime to
get something to eat. Greer asked the
hn 1,as
Tor lew days, and the tramp replied that
he did. Greer saw that he got a square
meal and took the individual in tow
In the afternoon" said the Chicago at
torney, in narrating the details of his
story when the deputy sheriff called
court to order, the Judge and the attor-
neys for the telephone company were in
their places when l walked in accompa-
MED by fOrlorn, travel-stained individ-
ual, who was supposed to be the missing
client. 1t was during the great street
railway strike of last June Scores of
talesmen were examined, and most of
them confessed that it was doubtful if
they could give the defendant corporation
a fair trial.
Henry c. Payne, the street railway
magnate, had aroused the antipathy Of
Milwaukeeans, and he was also one of
the principal stockholders of the Wiscon-
sin Telephone Company. At the close of
the day ABOUT halt or the jury had been
empaneled. 1 got through the afternoon
much better than I had anticipated 1 held
occasional consultations with the dummy
client, and he acted his part admirably.
bowling his head in apparent answer to my
supposed private questions, according TO
my arrangements with him.
After court adjourned for the day 1
was agreeably surprised to receive an of
fer of compromise from Mr. Wahl, the
attorney for the defendant. After some
parley l accepted his offer of $50 to settle
the case, all the costs being borne by the
telephone company, and the next morning
the case was dismissed on stipulation"
In concluding his story, Mr. Greer said
that he did not suppose Miller, Noyes.
Miller K Wahl knew to this day that the
individual whom they supposed was his
client was a tramp he picked up in the
court house square and that Markle was
either hundreds of miles away or dead az
the time. AT any rate, Greer has never
heard from him since the settlement o
the case