The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-14
LADsoN ALLOWED TO LEAVE.
MIsTRIAL DECLARED IN THE SUIT
OF MRS. WHITTON.

The LAWYER Announces Himself
Ready TO Defend Himself Against
AftacIS-He Claims n Wrong inter
nretatfon Has Been Placed ON His
oGer to Pay the Expenses of
Witness-Mai. Cumming Makes
sneech Denying Any Ground for
Declaring a MistriaI.
Augusta. Ca. Jan. 13.-Agreeable with
the announcement of last night, c. J.
I,adson. the Atlanta attorney, asked the
court to declare a mistrial this morning
in the damage suit of Mrs Alice Whit
ton for $4,000 against the Augusta South
ern and the South Carolina Railroads.
The ground of the motion was the pre-
judicial effect upon the rights Of his client
of the irrelevant personal attack made
! upon him Oadson) by Maj Cumming yes
terday. threatening disbarment proceed
ings because of his letter to the witness.
Reville. The sensational episode of the
day before brought crowd to the city
Court this morning to see the denoue>
ment.
Maj. Cumming resisted the motion for a
mistrial
While carefully worded and converse
tional in tone, the statements on both
sides were spicy.
Mai. Cumming said: why should there
he declared a mistrial in this case? A
witness declared to be their principal wit
ness has been impeached. Rather, l will
state, if your honor please, an effort has
been made to impeach which may or may
II, no course
OF that legitimate business of impeachine
this witness, conduct of counsel for plain
tiff has come to the surface. That is the
whole of it. The impeachment of the wit
ness and the conduct, which 1 shall not
waste time in characterizing, of one OF
The counsel on the other side-that is the
whole thing. Does that call for declara-
ton of a mistrial? But they say il was
the irrelevant remarks of counsel for the
defendant, that that should call for a
mstrial; that that has prejudiced the jury.
Irrelevant to the case-probably it was;
not irrelevant to the truculent demand of
counse1--of one of the counsel-that l gave
up that letter, and my answer that had
a reason for keeping the letter. Is that
a cause to cell for mistrial? Suppose i'll
were irrelevant from every point of view,
is 1t to be expected that counsel endeav-
oring to be what the law makes us and
what, at least in theory, we are, the off,
GERS and aides and assistants of the court
to administer the law and justice fairly
and property say that when such a per-
son as that discovers, in the course of the
business in which he is engaged on the
part of his adversary, such conduct as
that of yesterday-am / to weigh words
then? Am I to consider what l say may
be irrelevant?
81 have only to say that we resist this
motion to declare a mistrial as something
not warranted by the incidents of this
trial.
In reply, Mr.. Ladson said, in part: THE
reply of defendants counsel is
altogether special, and he has
simply added another ground, an.
other reason why mistria
should be declared. In the presence OF
this court, he has again offered me wan.
ton insult I have endeavored to demear
myself properly calmly. serenely, and witt
firm intention not to deviate one jot Of
ont little from what conserve to be my
own rights and the rights of my client
Notwithstanding the gratuitous statemen
of counsel-altogether prejudicial to TIL
client-on yesterday, i have contained my
self in dignity and patience and only sa!
that counsel must be presuming on tn,
fact that | am a stranger in their midst
throw back to his teeth all manenr o
insult. / repudiate it utterly, 1 shall de
fend myself here and now and elsewner
and ever against any attack from an,
man or men, living or dead. / have re
framed from saying one impatient. one un
gentlemanly, one impolite thing to coun
sci for the defendant. He has interpret
ed this letter. He is entitled to his inter
probation, mayt it please the court Il
my own heart and to those who know me
! have interpreted it otherwise, and the
will interpret otherwise; but in a quiet an
manly, and polite mannater have endeav
ored to disassociate all personals issues /
this case; TO sink myself out OF sight an
simply to bring the courts attentio
to the utterly irrelevant, the utterl
gratuitous remarks of counsel of his in
tention to enter disbarment proceeding
against me. Was it not irrelevant? Wa
II NOT utterly irrelevant? Is it not calcu
lated to prejudice gentlemen who do nc
know me, and who have perhaps know
and long loved their felow-citizen tha
this issue should be brought into the case
I'm behalf of this little white-faced won
an, with her little children, l cannot pei
init personal considerations or this inie,
ton of irrelevant issues to jeopardize he
claims in the premises. l leave the mite
with the court
The judge declared mistral. Mr.. Lac
son left this afternoon for Atlanta.
TRYING TO GET BACK GOODS.