The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-06-27
SCHWARz'S TRIAL CONTINUED.
ABSENCE OF A MATERIAL WITNESS
FOR THE STATE THE CAUSE.


Mabel stevens, the Only White Wit
ness of the killing, skipped Town
Saturday Night-Is Believed to
Have Gone to Columbus and
VIII lie Brought Back If
She Can Be FOund-schwarz' COun-
sci Anxious for a TrinI-Their Plen
Insanity at the Time of the Kill
ing-Over Fifty Witnesses Sum-
moned by the Defense TO Testify
to schwarz' Mental Condition.
The case of the state against Willie
schwarz, charged with the murder of
Agnes Mcknight, on the night of Dec.
"a, 1894, which was set for trial in the
Superior Court yesterday, was continued
on account of the absence of a material
witness for the state
The witness in question was Mabel
Stevens, white woman, who is said to
have been in company with the Mcknight
woman on the night of the killing, and 10
he the only white witness of the tragedy.
The Stevens woman has resided in the
city since the killing, and was here as
late as Saturday night, since which time
she has not been seen.
A crowd was on hand in the Superior
Court room 10 witness the trial. When
the case was called Solicitor General Os-
borne announced that very import
ant witness for the state had failed to
appear, although summons had been
served upon her, and that the officers of
the court had been unable 10 find her.
| Several continuances were taken by re-
quest of Mr.. Osborne until l O'Clock, when
| court adjourned until clock.
When court convened at o'clock Solic-
ltor General Osborne announced that it
had been discovered that the woman had
| left town Saturday night and that it was
! believed that she had gone to Columbus
| He asked for a continuance until next
! week In order to allow of the witness be-
| ing arrested and brought back to Savan-
| nan. The solicitor stated his belief that
the woman had left town in order to
| avoid appearing at the trial
| The attorneys for the accused, Messrs
| George w. owens, w. E. Morrison and
j. e. Schwarz opposed the motion of the
solicitor general for a continuance of the
! case. They said that they were ready and
/ anxious for trial. and that large num-
Der OF witnesses, who had been summoned
! Tor the defense, were on hand, some being
| from a distance
Solicitor General Osborne stated to the
| court that the testimony of the woman
! was very material TO the states case
Ihat she had not only witnessed the kill
! ing, but that she was prepared to testify
! TO Schwarz's sanity at the time. Mr.
! ovens, who spoke for the defendant. said
/ that the defense was willing to admit
as evidence what the solicitor had stated
| would be the testimony of the Stevens
woman. Inc defense was very anxious for
n n1I
/ great inconvenience which would result
! from continuance and because of the
| Iact that il had several witnesses here
rom a distance at heavy expense to the
me solicitor general insisted that the
presence OF the woman was material 10
| the states case, and Judge Fall;gant
agreed to a conditional contInuancn st,
| Wednesday, with the UNDERSTANDING tbot
| II the woman has not been rroduced nv,
| that lime a further continuance NAV he
| granted If the circumstances warrant -
| lCt"as stated by one of the attorneys for
the uelendant that the defense had over
| lIty witnesses summoned to testify 10
! Schwarz's mental condition at ana 10
lore the time of the killing. and tbat as
many more had volunteered 70 test:f,,
| VINO had not been summoned. Prof d
?. Wills who was formerly a teacher On
| the Chatham Academy, but who is now
| r 'P''A VI d SCHOOt III virginia. is One
OF the Witnesses from distance for the
| defense, Schwarz having formerly baa,, .
pupil of his. "ee"
Dr. J. b. Read, now of Green Cove
SPRINGS Fla, who was called at the trial
| OF Schwarz on a special plea of INSANITY
! IN 1879 as an expert witness for the state
| out whose testimony was very much in
iaNor OF the defendant is also here bav
ing been summoned by the defense
Sehwarz was adjudged to be insspa IL,
august 1873, and was ordered sent to the
insane asylum at MilledgevilIe. where he
remained until March 5, last when he ~, ~
returend by the hospital officials 70 az
custody of the Chatham county ailtborit, ,'e
as being no longer insane As ScbnaSs
! has been adjudged insane bv q iur,, ~
only thing for the state to do is 10 nrC .ro
that he was sane at the time of tba l,Ii
| ing. 1t is evident that this will he -,
difficult as the indications are that ~
| preponderance of evidence will he The
| othcr way. Hence the anxiety of tha 60
| Motor general to secure the bresenca oe
an witnesses who will support the states
| theory of the case
Schwarz is neat looking Young fallovv
VINO has neither a depraved countenance
nor the appearance of a lunatic. Thera
are any number of persons however wiz
are prepared to testify that he has hoe,
| queer since boyhood. He was declared
! Yesterday by one Of his acquaintance 70
pe degenerate of the type discussed IN,
MAN Nordau. The odds in the case are
| EVIDENTLY IN favor Of the defense. hut tho
| solicitor general is determined to make a
| nara nght for the states view, of IN
|