The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-22
JUROR CAUSED A MISTRIAL.
TOLD MIR. Id1AKEN THERE WAS NO
USE IN READING TESTIMONY.

De Soto Diamond Robbery Case on
'TrinI-The Juror Thought the Wit
nesses We're Alive and should BE
brought Before the COurt-Re-
proved by Judge Norwood-J. }.
Lee Released on Bond-Dusiness in
the other Courts.
The suit Of Mary e. Loughlin against
Watson & Powers. tried in the City Court
yesterday, took a rather peculiar aud
unusual turn, the result being a mistrial,
caused by the action of one of the jurors.
Miss Loughlin Is suing the proprletors
of the hotel for something like $500 for
some. diamonds and jewelry which were
stolen from her room when she was stop
ping here in 1898. The suit has been tried
once, the result being mistrial.
1t came up in the City Court yesterday
the jury having been selected tho night
before, and after the testimony for the
plaintiff had been presented, most of ii
being by deposition, it was agreed be
tween the attorneys interested that the
testimony Of the witnesses for the de
tense taken on the occasion Of the former
trial, should be read to the jury without
the necessity of those witnesses being
summoned, Some of these witnesses are
away from the city. and 1t seems that
both plaintiff and defendant were willing
that the testimony taken on the former
trial should go in.
Accordingly Mr.. w. r. Leaken, rerfe-
sentine Messrs. Watson & Powers, began
- t1,a Of the defendant S
witnesses taken on the former trial He
had reached about the middle OF 1t, haV-
ing read pretty near through the testi-
rnonv of two witnesses, when suddenly
Juror named James W. Burns stopped him
short
MIR. Leaken," he said, ARE those wit
nesses still alive?"
Eyes" Mr.. Leaken replied, with some
establishment, and' wondering what was
coming next.
'Weu. them said the juror, with
large amount of assurance, you are vast
ing time reading that; you had better
have them here"
Mr. I,eaken would not have been more as
tonished had he heard a Spanish gun hre
underneath the court house window lie
dropped the testimony he was reading ana
turned 10 the court. OF course, he asked
for a mistrial upon such turn in al
fairs, and, of course, Judge Norwood READ
ily granted it. Judge Norwood reproVed
Juror Burns for having made such re-
marks and asked such questions. He told
him that his remarks were very improper.
and that he had no business, as a juror,
in asking such questions. Judge Norwood
declared mistrial at once.
II is hard to say when the case VIII
come up again. This is the second mis-
trial, and it will probably go on the docket
for the next term of court, to be heard at
that time.
The jury in the case of Mrs. Laura
Christie against the Florida Central and
Peninsular Railroad returned a verdict for
1888 in the PLAINTIFFS favor. Mrs. Christie
sued for $1,000 damages on account of cer-
tain treatment, which she alleged had
been received by her on the occasion of a
trip to Augusta from Savannah about two
years ago. She was represented by Mr..
d. II. Clark and the defendant company
by Messrs Denmark, Adams e. Freeman
The jury was out some time before an
agreement was reached.
J. J. Lee the man who shot Albert
Washington, the colored hack driver, and
who was supposed to have killed him, was
released from jail yesterday on bond In
the sum of $1,000.
Lee made application to Judge Falligant
for release from jail, claiming in his peti-
ton that he was illegally held, and ask
ing that he be discharged. He was repre-
scented by Messrs. F. G, duBignon and T.
s. Morgan, Jr.
A certificate was presented from Dr. r.
G. Norton, stating that the negro was all
right and that he would not die. The
case was also examined by DR.. w. W.
q Cd n tho that fba
negro appeared to be getting along all
right and that there did not seem to be
any danger of his dying. Upon these GER
tificates Judge Falligant decided to per-
nit his release upon his giving bond in
the sum of 81, 900 to answer TO an indict-
ment for assault with intent to murder
The bond was given and Lee was released
The suit of w. w. Aimar against the
Savannah, Thunderbolt and Isle of Hope
Railroad for damages for killing a mich
COW was tried in the Superior Court yes
terday. The case was non-suited by the
court after the evidence for the plaintiff
had been presented.
A verdict for $500 was rendered in the
Superior Court yesterday in favor of w.
l. O'Brien against r. G. Norton. The suit
was for the rental of farm which, it
was alleged the defendant refused to pay.
The jury rendered a Verdlct Tor the full
amount sued for.
Botte Burroughs filed suit in the Supe-
rior Court for Temporary alimony yester-
day against her husband, George Bur-
roughs. She alleges that he has failed to
support her ana her children, and that he
is making a salary sufficient to enable
him to do so. Judge Falligant issued a
rule nisi in the case, directing him TO show
cause on April 30 at 9 o'clock in the morn
ing.
THE Wheelmen's Inn was incorporated
in the Superior Court by Judge Fallgant.
The incorporators are Robert Renter.
Joseph Hogarty and John A. Nichols Jr.
Thomas Ryan was arrested yesterday
upon a warrant Issued from the Court OF
Ordinary, charging him with iunaey. and
he will be tried before jury in the Court
Of Ordinary this afternoon at o'clock.
ON THE AMPHITRITE.