The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-07-20
SAT ON COUNSEL
JUDGE FALLIGANT REFRESHED
AND SUPPRESSED MIR. COLDING.
HUMOROUS COURT INCIDENT.
ENLIvENED PROCEEDINGS IN CASE
AGAINST CHARLES ii. LEVAN.

MIR. Colding Wanted to Talk to the
Judge While Judge FnIIiIant Was
Talking to the jury and the Court
Wouldn't stand for It-Made COun-
sci fake His Seat-The Defendant
Found Guilty, After Jury Had
Been Recharged on the Subject OF
Legal Partitions-It Had Been Out
Twenty Hours when Verdict
Was Reached-UsunI Sentence Inn
posed.
After being out twenty hours. during
almost all of which time it stood eleven
for conviction to one for acquittal, the
jury in the case against Charles H.
Levan returned a verdict of guilty. at
1880 o'clock last night. The defen
dant was sentenced to pay the usual
The case did not reach this conclu-
sion without several interesting Incl
dents and one at least that closely APP
preached the dramatic. The jury
which had struggled with the case for
so many long and weary hours was
made up as follows: Frank A. Van
Giesen. foreman; Henry r. Alexander,
Charles H. Wakeman, Ernest A. Ar
mand, Thomas j. Daley, ]. A. H. UNI
BACH John F. Tietjen, Jr., Frank l..
Purse James M. Love, Robert M.
Gibbes and Fred A. Leonard. Mr..
Leonard was the juryman who kept
the decision of the case so long in
allegiance. his trouble being the exact
status of the law as to what will con-
stitute a legal partition between a res
taurant and bar. The question wor-
ried him a good DEAL and it was in
the effort to resolve his doubts that
one of the interesting incidents of the
trial occurred.
This was when Judge Falligant sat
down upon Mr.. r. l.. Colding, counsel
for the defendant, with a dull. cold and
sickening thud, that must have made
Mr.. Colding feel ill.
The jury had been out since 1870
o'clock Thursday morning and there
was nothing in the air that gave prom
Use of an agreement. 1t was
stated around the Court House
that it had stood eleven for
conviction to one for acquittal ever
since a short time after it had retired
and begun it's deliberations, and this
rumor proved afterwards to be correct
The twelfth juror, however, was re-
ported to be wearing determined air
and fixed in his mind that the defend
ant ought not to be convicted, on the
evidence as he understood it.
Things were in this shape when there
came a note from the jury to Judge
no desired fO he
recharged. 1t wanted to know Wheth-
er portieres separating bar and res
taurant could be considered a legal
separation, so that when the restau-
rant was open, the bar could be con-
sidered closed, when only the por-
there's divided the two places.
The jury was brought down ant
Judge Falligant started to address the
foreman, when Mr.. Colding arose
somewhat excitedly. and began in turn,
or, rather, out of turn, as Judge Fall
CANT seemed to think, to address the
court.
IF it please the court'-began Mr..
Colding, with fine emphasis.
Just a moment, Mr.. Colding,' said
Judge Falligant, Il had just begun to
talk to the jury"
"If your honor please" again inter-
iected Mr.. Colding, before you charge
the jury, wish to make motion IL
is"
when I have concluded" said the
court, you will be at liberty to make
any motion you please. Just now I'm
dealing with the jury, and you will sit
down, Mr.. Colding."
And Mr.. Colding did sit down. Fore
man Van Giesen then explained that
one of the jurymen wanted to know
what constituted a legal separation
between a bar and restaurant, aud
Judge Falligant explained that to pre-
vent the bar being considered open the
door that connected it with othe- rooms
of the house must be securely fastened
and not left in such shape that one
might push his way easily from one
room to the other.
Then Mr.. Colding succ, Id IN stat
ing his motion to the court. It was 10
declare a mistrial, on the ground that
the iurymen were cor 'aerirg in evi-
dence facts drawn from tn Fir person Il
acquaintance with the premises, and
that had not been derived from the
evidence of witness IS On the stand.
Judge Falligant said it was not Doss'-
Bile for him to assume ~ this was
the case and promptly ovecfule1 the
motion. The jury, at the in Yitation and
solicitation of the defendant, had gone
down to inspect the premises ond on
this visit one of them had possibly gar
nered the information that led TO the
added request to charge.
Armed with the added and needed in
formation the jury again retired and
in about two minutes returned with a
verdict of guilty. Judge Falligant inn
posed sentence Immediately. directing
that the defendant pay a fine of $3.50,
and the costs OF the prosecution or
serve six months in the county Jail.
1t is practically certain that motion
for a new trial will be made and that
the point stressed by counsel in his
motion made will be relied upon large
ly in the effort TO secure 1t.
A PaIatabIe Fenst for Cents-Try
IL.