The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-10-03
THE JURY LACKED A MAN.
ONE or THE TWELVE GOOD MN
AND TRUE ANDEHIsD or OF
COURT.

Incident In the Mathew. Trial Tint
Combined Patio. for the Unfoito-
nate Cause of ~. with Amusement
for the sPectntor--Jnrym wal
ter J. Nell disappeared During the
Recess and His Loss Was Not Dis
covered UntiI After Court Again
ConVened-There Was Trouble for
NhiIe-Motion for "a New Trial
Made hut wtthdrawn-"He Never
Could Understhnd.r
Juryman Waiter J Nell. one Of the
twelve tnit tried ". c. Mathews yester-
day. narrowly escaped the wrath % Judge
Falligant ana resulting uuhappiness while
che case wac IN progress lie wandered
out Of tho court room when the recess
was taken at . O'Clock. and did not APP
pear until several minutes after T. when
the court again convened.
ln the meantime, az IS the invariable
practice In ala criminal cases. che turymen
were supposed TO be In charge Of the shcr-
m No one seemed TO nave noticed that
he twelve good men and true had been
NAAAtANftA - fANffAAf anu HAAtAA aAAEH NtA+
CANT mounted tho bench the bslliT ~
charge solomnly brought IN his change
aud waived them 90 seats. The prisoner
also was brought In from the office Of the
sheriff, and counsel assumed their places.
Things began 10 wear the air Of expect
ancy that precedcs the resumption OF
trtal that IL exciting interest
-
failed 90 mn up and everybody looked
about cxpcc,antly The spectators sup
posed that the trial would be resumed
within "A few minutes. but the absent
juryman did not put in an appearance.
sheriff sweeny and MS deputcs began 20
make fransic rushes up and down the cor
ridors. looking in hooks and corners aud
unsupported places. where 3uyman
might be expected 20 conceal himself. There
was nothing doing
Where Is the other turymau. Mr. Sher-
in7" asked Judge Fnlligant
II don't know. SIR. was the sherif's
answer and the search WIS resumed. II
have looked all over the building for him "
said Sheriff Swecuy, 90 the interval bee
tween two rushes. and ! don't know
whore he BE-
IN che midst Of an this excitement and
when the spectators mad begun 10 look
anxiousiy bout for the magician who had
spirited away an inonensive juryman. AN
excited Individual rushed hurr.edly into
the court room and sank. with an air OF
evident exhaustion. into tho remaining
chair IN the turvbox IL was Mr. Nell. and
every body smiled
ID Where have YOU been. Mr.. Mell2" said
Judge Falligant. stcrnly.
WHY your honor" said tho furyman.
with an anxious glance az the clock \
went home 20 dinner and the time just
Slipped away from me"
But what DO YOU mean by leaving the
court room az ALP" continued the court
Didn't YOU know that the fury was IN
the hands Of the shcriH7"
why no SIR" sai1 the bewildered jury
man. y thought We We're excused until
O'Clock. and when the recess was taken
just went home
The defense moves the court 20 declare
mlstrial" said Col. Cam. "on the
ground that the jury has been allowed 20
separate"
y can make no objection 20 the mo
ton" said the solicitor
Take the order" said Judge Fallgant
And Mr.. Sheriff. YOU take Mr.. Nell into
custody
IL was done in n Hash and the case
looked like o. would 90 of on this ground
However, Col Cam relented before the or
der had been signed and stated that he.
would withdraw his motion for mistrial
He was confident. he said. that IL was an
a mistake on the part OF Nj Nell and
that no real harm had been done. Then
the case proceeded
II was fortunate Tor the thoughtless
juryman thai this was the course Of
events. as IL saved punishment that
would certainly have been inflicted had
his thoughtless conduct cost the county
the expense Of a trial without results.
For a time. though. he was a badly scared
individual
In the midst OF the excitement he had
created he made q feeble attempt 20 get
up 10 the Judges bench. Take your seat.
MIR Nell" said the court and Mr Nell
subsidized without murmur He got a
lecture from the court. however. that he