The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-13
SENSATION IN A DAMAGE SUIT.
MONEY OFFERED A WITNESS By
ONE OF THE LAWYERS.

The Letter Containing the Offer
Produced in Court by the OppOs-
ing CounseI-Tbe Author of the
Letter Explains That 1t Was Pro-
posed Merely to Pay the Expenses
of the witness and Guarantee Him
Against Loss of His Position With
Railroad Because of His Testi-
mony Against ID.
Augusta, Ga, Jan. PA sensational ep-
Isolde occurred in the City Court to-day
when Maj. Cumming was cross-examn-
ing a witness in a damage suit for $50-
900 against the Augusta Southern and
Southeastern and Georgia Railroad. The
case is brought by Mrs. Alice Whitten
for the killing of her husband, an en-
ploye of the road, while uncoupling two
cars. Messrs Ladson and Van Epps Of
Atlanta represent the plaintiff and Messrs-
Cumming and Phinizy the railroads. Mai.
Cumming asked Witness Reville, former
employee of the road, If Mr.. Ladson had
offered him any inducement to testify in
the case, and the witness answered no.
Maj Cumming then read a letter from
Mr.. Ladson to the witness, stating that
he had directed his client to send him SO
for his expenses in coming to testify in
the case, and that if he lost his place with
the railroad for telling the truth he would
see to it that Mrs. Written reimbursed
him for his trouble and loss out of the
judgment In the case.
The reading of the letter caused a SEN
sation and Mr.. Ladson asked for the let
ter
Maj. Cumming said he intended to keep
1t not only for the purpose of impeaching
the witness, but to use IL at the proper
time to try TO have Mr.. Ladson disbarred.
Mr.. Ladson said the cruel and unjust
attack upon him was not warranted by
the letter, which he should introduce in
evidence and stand by every word of IT..
1t was his information that the witness
did not reside in the county and it was
proper to pay his expenses to get him TO
come and testify. He promised him re-
Enumeration from his clients verdict only
for loss incurred in coming 10 court and
testifying. and to prevent his being afraid
to tell the truth. He then proved by the
witness that he had been discharged by
the railroad, but he did not know what
for. The witness home was shown 10 be
in Richmond county and he was under
subpoena of the court.
Judge Howard Van Epps arose and dis
claimed all knowledge of the letter, de-
claring that he was taken utterly by sur
prise by 1t, and did not know how to
proceed in justice to himself and the in
terest of his client, and asked a recess for
consideration and consultation. A recess
was taken until tomorrow, amidst the
most profound. but suppressed sensation.
Tonight Judge Van Epps furnishes a
card for publication, in which he says that
he feels assured that Mr.. Ladson did not
write the letter with improper motive but
in view of the circumstances and the ir-
relevent suggestion of disbarment of MIR.
Ladson, he thinks il probable that the
jury would not be able to proceed with the
case without prejudice to his client; that
a mistrial VIII be asked Tomorrow in
order that the case may be tried at some
future time on its merits, apart from the
present environment.
Mr. Ladson also furnishes an elaborate
statement. defending his letter, declaring
II was meant only to reassure the wit
ness that he need not be afraid to tell
the truth, and that he understood the wit
ness was nonresident of the county and
the money was to reimburse him for his
expenses in coming to testify. He saws
If he were at home he should go on with
the trial, as the jurors would not believe
the charge against him, but he is a
stranger here and thinks mistrial should
now be declared.