The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-09-25
MATTHEW'S TO GET WITNESSES.
Evidently Intends Making a FiEht
Hefore che Court.

w C. Matthews. who is charged with
I larceny after trust from Murphy & CO.,
eyidently does not Intend 70 surrender his
liberty without light several Athna
wltncsses. whom Matthews contends are
needed 20 furnish material evidence IN his
behalf were ordered suhpocnacd yestcr-
DAY hy judge Falieaut Tine order vas
not granted. however until after soms-
what unusual proceedings. t being nses-
say for Matthew'S attorneys 10 present
petition 10 the court 90 which thsy
stfonriy urged the claims OF their client
in the matter
Tho petition stated that the attorneys
had requested the solicitor general sal
urday Go sign two suhpoenls 'duces te-
cum. for Murphy a CO. who are thc real
prose ufors Zoe the case and also supno q -
Tor james McckclVin. ". h. kilussman,
A. "a. Groves. p "a Buckley and ". %.
O'Ncsl. al 81 Atlanta. and an but the
hrst employees Tor murphy a GO. collector
General Osborne after discussing tho mat
Ter wlth Judge Faulgant declined Co s'gn
the subpoeuas.
The petition stated that the motive for
requesting inc issuing hnd singing ~ tte
subpoenas was that Matthews desired To
avail himself 81 certain statutes DA walsh
the provision applying Co the p1y OF wit
ucsses FOR the state may also D. applied
60 witnesses for the defense. who are to
bo brought from "a distance. when. So the
discretion 81 the presiding judge the In
tereFts ~ justice may demand. 81 vas
urged that Matthews being a prisoner.
ffitndless and without means. he was enc
titled TO have these provisions applied ~
bis favor when the mstcr was present
81 to Judge Failigant yesterday he declin-
"a TO order the subpoenus issued and
signed unless she petitioner could demon
strate TO the satisfaction of the court that
the presence OF the witnesses was re-
ally demanded TO serve the ends OF jus
lice
The attorney Tor Matthews. Mossrs G.
7. q J p. Cam, then amended their Pc
titon. the amendment stating that the
defendant expect = 90 prove by the Wit
nesses named that he was not intrustcd
by Murphy a. Co.. frr their use and benc-
hi with sums of money alleged 10 have
been taken hy him in any Of the three
indictments This info nation. q was
stated. was given unucr protest because
demanded hv the court in order 90 show
that the situation demanded the issuing
81 the suhposnas. as prayed for.
Solicitor General Osborne. ~ his answer
20 the petition. that the question OF wheth-
Ter the ends o. justice demanded that the
prayer OF the petitioner be- granted. was
ono solely for the court 20 determine The
signature Of solicitor general 80 a petit
zion. he said. a. not necessary TO give n
force or effect. Tho subpoena is effective
and De- compulsory process as soon as 70
Be- issued by the clerk Ia the name Of the
presiding ju1ge The signature OF the 500
licitor general is placed upon the petition
for no other purpose than 10 enable the
witness 20 collect fees out Of the county.
After reading the amendment 60 the pc
t.tion. Judge Faiiignnt granted the order.
the language used being that - appear
ing mat the ends % Justice may demand
that the provisions OF article - 81 the
code Of the state snail apply 10 defend
ants witnesses that subp3cnas Issue for
defendants witnesses ina the terms Of said
.rtlc.os %