The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-14
THEIR PLEA FELL THROUGH.
WHEELER AND WATTS MUST STAND
TRIAL WITH OTHERS.

PENDANTS in the Tyson Case Arr
raigned and All of Them Pleaded
Not GuiIty-Motion for "a Severance
as to the Hutchinsons Was Denied.
All of the Defendants Conn itted
to Jail.
The evidence upon the main issue in
the case of the United States against
Daniel A. Tyson and others has not yet
begun to go to the jury Yesterday morn
ing's session of the District Court was
taken up in the disposal of preliminary
motions and the arraignment of the de-
PENDANTS.
Two of the defendants, Wheeler and
Watts, had filed pleas in abatement, con-
tending that the trial should not further
proceed as to them because of the fact
that they had never borne the names I'M
der which they We're indicted in the first
place, and, in the second pace, that their
real names, A. L. Wheeler and c. J.
Watts, had not been used.
This contention was promptly disposed
of and the pleas in abatement overruled
by Judge Speer District Attorney Erwin
offered evidence to show that the men
had done business and held themselves
out to the public under the names under
which they had been indicted and read
authorities to show that this was an
amply sufficient compliance with the de-
mands of the law. 1t was shown that at
Glenwood, where Wheeler operated he
was not known by any other name than
j. S. Wheeler and that he had received
mail from the postofiice and consignments
Of goods from the railroad station under
that name. Orders for goods, signed by
him as j. S. Wheeler, were also introduce
ed.
A similar line of testimony was intro
duced as 10 Watts 1t was shown that he
had told Deputy Marshal White, by whom
he was ARE sted, that while his own name
was Charles J Watts, his wifes name
was II. b. Watts and that it was under
her name that he carried on his business
and that he was responsible for anything
done in the course of that business He
had made showings to the mercantile
agencies in which he described himself
as Fl. b. Watts and ordered goods from
merchants under that name.
On this showing, after brief arguments
by Judge Twiggs and MIR. Barrow, for
the defendants, and District Attorney Err
win, for the government the court over
ruled the pleas in abatement and directed
the prosecuting officer to proceed with the
reading of the indictment and the ar
raignment of the defendants. 1t was af-
ter noon when this was begun
The charges made in the indictment are
familiar to the readers of the Morning
News. When Mr. Erwin had concluded.
he turned TO Tyson, and asked: "To this
Indictment, how say you. Daniel A Ty
son? Are you guilty or not gulty?' 81
am not guilty" replied Tyson, in perfectly
even and composed tones, and the other
defendants, when similarly interrogated,
made the same response.
AT this juncture, Mr.. James r. Cain,
who represents the defendants ]. H., w.
f. and M. w. Hutchinson. made a motion
for separate trial for his clients. Mr..
Cain acknowledged that the grant of such
an application was not some thing he had
a legal right to demand, but was depend
ent upon the discretion of the court He
urged, nevertheless. that, because of the
Importance of the case, the number Of the
defendants, the number of witnesses aud
the mass of testimony. that a severance
would conduce to the demands of justice.
The district attorney replied that in con-
sriracy cases il was customary and proper
that all the defendants should be tried to-
gethcr and that ii was matter of con-
siderable difficulty, involving, as well con-
siderable additional time and expense, 10
proceed otherwise and try The defendants
separately. Judge Speer agreed with the
district attorney and this motion for
severance, like the other preliminary mo-
tons that had preceded it, was denied.
Al this juncture everyone thought that
the selection of the jury was to be begun
and so thought the court for Judge Speer
directed that the venire of the Distr CT
Court should be called. The jurors re-
sponded and the striking was about to
begin when another difference of opinion
between Judge Twiggs and Mr. Erwin
arose.
This was as to the number of per-
emptory challenges to be allowed the de-
Tense The district attorney said that
three was all that the law permitted,
while Judge Twiggs contended for five.
The difference seems to spring from the
in Interpretation of a section of the revised
statutes, that provides that in cases
which at common law were not felonies
only three strikes shall be allowed. The
question is whether when a number of
defendants are charged with having con-
spired to commit such'as crime the rule
is changed, conspiracy itself being a
felony at common law, according to the
contention of counsel for the defense.
As the difference seemed on the point
of being productive of a lengthy argu-
lncnt, and as it was near the hour of adj
journment for the day, o'clock, Judge
Speer directed that the decision of this
point be postponed until this morning.
Then it will be determined, and unless
something unforeseen arises, the case will
proceed to trial on its merits.
At the adjournment of court yesterday
Judge Speer directed that all the pris-
oners be taken into the custody Of the
marshal and committed to Jail. IN ac-
cordance with this order the eleven de-
PENDANTS were removed from the Court
House and turned over to the tender care
of Sheriff Sweeny for the remainder o.
the day and the night, 1t is underst ool
that this action on the part of the court
was induced by the possible suspicion
that some of the bonds might not be
good and that whether the bonds are
good or not, some Of the defendants
might be moved to take French leave OF
the court and its justice. At any rate
they were all taken to jail and there they
now are.
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