The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-03-01
TILTED IN COURT
COUNSEL IN DAMAGE SUIT MADE
FUN FOR SPECTATORS.
COMMENT CAUSED A KICK.
rpGE TWIGGs AND MIR. OSBORNE
MIX 1T UP LIVELY.

plenty of Fun Made by Lawyers in
city Court-TrIaI of Crooms DAM
,rc sutt the Occasion of the Rum
nus-Mr. Osborne, Representing
defendant, Resented Remark
Wade by Judge TwiGgs, of Counsel
for Plaintiff, While a Witness
was BEING Examined Judge
Twixus Pleaded to He Allowed to
sit in the Corner.
spirited tilt between counsel for
n,aintifr and defendant, with highly de-
s.riptive introduction, some spicy dia-
,cgue. a dramatic climax and a comic al
ternath, enlivened the dull monotony of
the trial of a damage suit in the City
court yesterday.
The case was that Of Ernest Crooms
against the Savannah, Thunderbolt and
Isle OF Hope Railway Company. Crooms
is suing the company for $4,000 damages
for personal injuries, alleged to have been
sustained by him through the defendants
Negligence and carelessness. In itself the
ease is not Of any particular interest, but
counsel supplied everything in this line
that it lacked or needed.
The plaintiff is represented by Messrs
.rwiggs & oliver, and both Judge Twiggs
and Mr.. Oliver were in court and looking
after th- interests of their client. The
defendant is represented by Messrs. Os-
horne & Lawrence, and both members of
he latter firm were also on hand. Judge
Norwood sat on the bench, the jurymen
oiled rather sleepily in their chairs, the
plaintiff, Crooms, was on the stand and
over the court room a score of mildly
Interested officers and spectators were
scattered.
The direct examination of the witness
had been concluded and Mr.. Osborne, on
me cross-examiuation, was endeavoring
to show to the jury that Crooms contrib
11ted TO the injuries he received by dis
regard of his own safety. Judge Twiggs
and Mr. Oliver, sitting at the table be-
hind, that by which Mr.. Osborne stood,
we're consulting, and not in a very low
tone of voice. either. Already there had
neen one little tilt between counsel, in
.iuced by a remark made by Mr.. Oliver
and taken up by Mr.. Osborne, but this
had been smoothed over and the jury,
startled for the time out of the profess
sional apathy, had suffered a relapse and
assumed their normal appearance OF inno-
cuous desuetude.
Finally, Mr.. Osborne asked the witness
a question, and Judge Twiggs made some
audible and rather sarcastic and pointed
comment
Now, if your honor please said Mr..
Osborne. this thing has got to stop. I
won't. stand it any longer. 1 can't sit
here and. in simple justice TO my client,
tolerate any more of it. ! won't stand it,
say. ! ask the witness question and
Judge Twiggs makes remark which puts
ia the mouth of the witness a complete
answer to that question. l submit to
YOUR honor that this is grossly improper,
and nobody knows 1t any better than
Judge Twiggs."
why, if your honor please" retorted
Judge Twiggs, there isn't a particle of
reason or excuse for all of this excite
rnent l have simply consulted with my
partner, which l have a right to do,
take it, and l have neither said nor done
anything that is improper. If l can't
advise with my associate, during the trial
of a case, then think I had better give
up the practice Of law
Mr. Osborne persisted that Judge
Twiggs' remark had been improper and
that as it had been heard by him, it
could well have been heard by the jury
and the witness. He offered to state what
Judge Twiggs had said, if the court
would have the jury and witness exclud-
ed for few minutes. To this Judge Nor
wood saw no objection, he gave the nee
essary directions, and the jurymen filed
out of the court room.
Now, If your honor please" said Mr..
Osborne, Il was cross-examiuing this
witness, and l had asked him why the
engineer had not stopped the train when
he saw a man waving him down. Then
Judge Twiggs, in a tone which made his
words perfectly audible to me, said:
- He didn't see him. l submit that this
was putting an answer in the mouth OF
the witness and was about as improper
as any remark could we'll be-
why. I didn't do any such thing" said
Judge Twiggs. II was talking to my
partner and when my friend, Osborne.
said to the witness: And he didn't stop
said to Mr.. oliver; Perhaps he didn't
see him. This thing is becoming nisuffer-
able"
Il think it is insuffera'ble," said Mr..
Osborne, land I'm not going to suffer it,
Judge Twiggs,' said the court, mildly,
"if you wish to consult your associate,
YOU will have to speak in lower tone
of voice"
w ny, yes, your nOnOT, Sdlu COUNSEL
for the defendant. ''all 1 ask is that they
confer in whispers"
Il shall have to declare a nistrial IL
YOU persist in making such remarks,
Judge Twiggs," said Judge Norwood.
There was some further discussion AMI
then the jury and witness were brought
back into the court room.
Will your honor permit us to sit over
here. out Of the way?' asked Judge
Twiggs, a S he and Mr.. Oliver moved away
across the court room.
Certainly, sir, sit where you please"
said the court.
few minutes later, while Judge Twiggs
vas examining the witness, il occurred
10 Mr.. Oliver that he wished to make Il
suggestion to his partner. He tugged At
the judges coat to attract his attention
and began to speak.
Good God man." said Judge Twigge,
III stage whisper that filled the room
and the adjoining corridors come over
mere in the corner" He carried Mr. Oil
yer as far away from counsel for the
'tiendant as he could get. and conversed
WIN him with an air of exaggerated eau
lion that set the jury in roar.
CHARGED WITH LARCENY.