The Savannah morning news., 1901-10-17

Locked i'm Solicitors ONCE.
Then came the first of the two negro
witnesses in the case. Charlie Burke.
He and the other one, John Young,
both porters in the Oglethorpe Club,
had not been subpoenaed at all until
yesterday morning, and when the bail
ifs went out to serve these subpoenas
they brought back the witnesses them
selves, instead OF their promises to APP
pear. Furthermore, when they were
brought to the Court House they were
locked up in the Office of the solicitor
general until the time came to put
them on the stand. There they stayed.
The caution that he could not be
compelled to give evidence tending TO
incriminate himself was given the wit
ness by the court and the solicitor gen
eral proceeded with the examination.
1t was gradually brought out that
Burke had been a waiter or porter IN
the club for two years, and that among
his other duties was that of serving
drinks to members.
Have you a any time prior to sept.
"a 1901, served drinks to gentlemen IN
the club on Sunday, or have you seen
them serVed?'
''Td rather not say" said the wit
ness.
you can't take that position" re-
torted the solicitor general
well yes, sir" said the witness.
The characterization brought out
that the witness had said he would
"rather not say" because of the fact
that he believed an answer to the
question would tend to incriminate
him. and that he had finally answered
IL because the statement of the solicitor
general had led him to the conclusion
that he could be forced to answer 1t.
On this showing Col Meldrirn moved
that the answer of the witness. to the
effect that he had served drinks in the
club on Sunday and had seen others
serve them, be stricken from the rec
ord, on the ground that it had been
made under a Misrepresentation of the
rights of the witness There was a
controversy between counsel on this
subject which Judge Seabrook ended
by declaring that the witness had been
warned that he had chosen not to
avail himself of his constitutional priv
ilege and that his answer to the ques-
ton would be allowed to stand
Mr.. Bacon Tells His story.
Mr.. Hal H. Bacon. a member of the
club and the witness upon whose testi-
mony the grand jury had returned the
indictment, was next placed on the
stand
The Introductory questions Of the so
licitor general brought out replies to
the effect that Mr.. Bacon was a mem
Der of the club, but not an officer. and
that he had no voice in its direction
or management other than vote in
the selection of officers. He said that
he had been in the club several times
on Sunday during the past two years
and during the past summer had taken
his meals there regularly.
Have you seen drinks bought and
sold in the club on any of these Sun
he
81 refuse to answer that question"
said the witness.
ION what grounds?" queried Mr. Os-
borne.
con the grounds" responded the
witness. that it would tend to incrimi-
mite myself
Mr.. Osborne asked that the witness
be forced to answer the question. He
said that Mr.. Bacon had shown by his
answers to the question that he did not
need the protection of the constitu-
tional guarantee he invoked. Mr..
Bacon was a member of the club sim
ply, had no voice or direction in its
management and could not be held &C
countable for any acts of the defend
ant that violated the law. There en-
sued long argument on this point
and the question appealed strongly to
Judge Seabrook, but he finally decided
that the witness must answer
Mr.. Bacon then said he had bought
drinks in the club on Sundays. He
said the drinks had been furnished In
the lounging rooms and other rooms,
and that the liquor came from a ten
by-twelve room in the rear of the
building.
A Gay and Festive Porter.
Mr.. Bacon having been excused, the
solicitor general brought out from be-
next witness, John Young. John is a
gay and festive individual, indeed, and
amply provided with what must be re-
garded In the high colored society in
which he evidently moves as a very
pretty wit. He displayed this plenti-
fully. until the solicitor general grew
tired and the court aweary. Then he
stopped
When the witness was placed on the
stand the solicitor general asked the
court to instruct him as to his right
to refuse to answer questions which
would tend to incriminate him. and
this the court did. Col. Meldrim start
ed to argue the question of the suffi-
cheney of the warning, and Mr.. Os-
borne promptly asked permission to
have the witness Withdraw from the
court room while the argument was In
progress. This was granted.
The gist of counsel's objection tc
the warning given by the court was
that the witness would not under
stand the full effect of the warning noI
the danger in which he himself stood
why, Col. Meldrim,'' said the court
"a few minutes ago you based your
objection to a question on the ground
that everyone was presumed to know
the law. l regard the warning as suf
ficient; bring in the witness"
He was brought in and said he hat
been employed as a porter in the clul
for about two years. In answer to
question he affably explained that hi
duties were to do whatever he wal
told"
you serve in the club" suggested
the solicitor general.
Yes, sir" said the witness.
"Well, what do you server"
Water, when the gentlemen ask 70
it."