The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-10
TwITTY STILL TO BE TRIED.
,-,s WITHHELD FROM THE PENI-
TERTIARY GUARD.

,ur.env After Trust Indictment in
(Which Mr.. Mccall Is the Prose-
a,.tor Pending Against Him-De-
t.s that He Took Any of Mr.. Me-
c.Il.s Money, and VIII Go to Trial.
u,s Friends Think He Should Re
.,1o,ved to Go to the Penitentiary
- Regin His Sentence at once.
rbe Guard Was Here But Could
Not Get Him.
rbs Tvitty case took a new turn yester-
dow and one that was somewhat of a sur
,rise 10 several of those interested.
Twitty was sentenced by Judge Fall
can't a few days ago upon plea of guilty
~ an Indictment for forgery, to five years
I'm the penitentiary. 1t was supposed that
he would begin his term at once, but not
so.
A guard named Gray arrived from
lanes camp, on the Central Railroad, yes
terday morning to take Twitty
away. but when efforts were
made TO get the necessary order
for his delivery to the guard, it developed
rather suddenly that Gray had made a
useless trip. Solicitor General w. w. Os-
borne telephoned to the jail and told Sher-
if Roman not to deliver Twittey TO the
guard. but to hold him. There was moth
ing for Gray to do under the clrcum
stances but to pack up and go back.
1t will be remembered that when Twittv
--.tarod q pIea of or1,fltx-
crdl asked TO have the remaining forgery
indictments, two in number, put on the
dead docket, but requested that the ind;ct
ment for larceny after trust be kept on
the docket for while. This latter in
dlctment was found at the instance of Mr..
Francis I. McCall,and charged Twitty with
having taken about $3.50 from him, while
Twitty was his confidential clerk. The
prosecutor on the forgery indictments was
Mr. T. e. Youmans, then Of The Plant
System.
Despite the five-year sentence Twitty
has received, Mr.. Mccall insists on the
charge preferred by himself being press
ed. Mr.. Mccall, it is said, is now in most
modest circumstances, and, having lost his
business and all with il, is without means
He charges Twitty with having taken
from him something like the
amount named, and it is nat
urally his earnest desire to recover 1t.
If it is possible for him to do so. Mr. Nc
Call has been to see the solicitor general
several times with reference to the mat
ter, and he insists on having the case
pushed
This explains why Twitty was not taken
to the penitentiary to begin his five-year
term There is considerable complaint
among Twitty's friends as result of this
turn of affairs. They think he should he
allowed to go at once and begin the service
of his sentence, instead of having it length
ened by his stay in jail.
Mr.. w. r. Leaken, attorney for Twitty
endeavored to have the court take some
action looking to sending Twitty away,
but the solicitor general was not present,
and nothing could be done. Mr.. Osborne
stated he was willing to give Twitty a
trial at once, but, on the other hand, 1t is
stated there are features of the case which
viii require some delay, such as the OK
animation into the matter of Mr.. McCalPs
books. Therefore 1t is contended that
Twitty should be allowed to go to the peni-
tertiary and begin the service of his sem
tence, and then be brought back here
whenever the case comes up for trial.
Twitty, in his statement to the court,
Wnen ne entered the plea OF guilty, denied
that he had ever taken any of Mr.. Nc
Calls money. All of the money he secured
on the fraudulent resin receipts, he stat
ed went into Mr., McCalPs business. He
denied that he was ever in any way bene-
fitted by the transactions. Under these
circumstances there will evidently be a
trial of the case, upon the question as to
whether Twitty did or did not take any
OF Mr.. McCalPs money for his own use
1t is stated on the other hand that he
drew checks at various times for some
thing like $50, and put only S. down on
the stub, and entered only So in the books.
AS against this, it is said by the other
side that there were only two instances
OF this, one Of the checks being for s45
and the other for $50.
Twitty's friends say they do not believe
that he took any of Mr.. McCalrs money,
ana that he will not plead guilty to THAI
charge. 1t is understood that the case
could be settled, as is usually done, and
permitted by the court in cases of larceny
AFTER trust, for certain legal reasons, but
IWltty's friends say he win not admit
tfliS charge, but will rather go to trial
upon it,
A trial of this case will involve the ex-
position somewhat of the business affairs
Vi Mr. Mccall at the time of the trouble
10 winch 1t gives rise. Just what the sit
uallon was at that time has never been
made known