The Savannah morning news., 1902-01-15
MAYOR DROPPED OUT.
Then, on Principle of Law, Re-
corder Dismissed Warning Case.

cOrder Dismissed WarinE Case.
Upon a we'll defined principle of law,
advanced by his counsel. DR.. 7. P.
Waring was dismissed in Police Court
yesterday by Recorder Myrick DIR.
Waring was charged by Health officer
Drummer with failing to properly re-
port a case of contagious disease, but
because of the plea of former jeopardy
advanced by counsel no evidence was
heard.
The chief incidents of what promised
to be a rather sensational hearing were
the retiring of Mayor Myers, who had
intended to sit with the Recorder, and
the effort of DIR. Drummer to express
his opinion of the actions of the ply
sician. The Health Officer was by no
means pleased with the turn matters
took and but for the interference of
the Mayor there may have been some
trouble, and certainly there would have
been a lively scene. A stenOgrapher
was on hand to report the proceedings
and there were quite a number of per-
sons in the court room when Mayor
Myers entered and sat to the right of
the Recorder, with the aVowed pur-
pose of passing judgment on the case.
Warning and argued that the case
should be dismissed, for the reason
that his client had been already ac'
quilted for an alleged violation identi-
cal with the one at bar. Counsel had
his plea for dismissal on this legal
ground prepared and presented it to
the court. Recorder Myrick desired to
go into the case and later pass judg-
ment on the plea of former jeopardy
hut inn cd a 10
ruling.
DR.. Drummer had. in the meantime,
listened attentively to what counsel
said and anxiously waited for an
opening. Don't you hold that your
client is innocent" he asked Of Maj.
Cam. Counsel answered that he had
not yet reached that point, and con-
tinued his argument based upon legal
principles.
At this juncture Mayor Myers ven
tured the remark that the sanitary
laws had not been properly observed
by DR.. Waring, and that he had gath
cred his information from evidence be-
fore him as president of the sanitary
board. In the face of this venture
counsel Immediately objected to the
Mayor sitting on the case with the
Recorder. He took it that already an
expression and an opinion had been Of
would be called upon to decide the
guilt or innocence of his client.
The Health Officer entered into the
argument at this point for the purpose,
he said, of showing that the case at
bar was one of prosecution and not per-
secution as some would nave had it
appear. He reviewed cases in Wnicn
DIR. Warning is alleged to have been
guilty and said that the Grady case in
fph he Il
unquestionably one of guilty, but not
proven" He recalled other cases that
have not figured on the docket books.
At the conclusion of DR.. i3runner's
remarks Mayor Myers stated that as
president of the Sanitary Board it was
but natural for him to come in pos
session of information pertaining to
such cases, but that certainly such in
formation would not influence his
judgment, or cause him to rule con-
trary to the evidence. The Mayor said
that when presiding he gave his decis-
ions under facts before him, without re-
gard to the law. He stated however,
that he would withdraw from the case
and that the Recorder could render his
decisions in accord with the law. DR.
Drummer expressed a desire at this
point to have the city employ counsel
or permit him to do so.
fIecOIue1 MyflCk Sdlu lidI III MS
decisions the rules of law would have
to be regarded and applied, and that
in the objection to going TO trial as
interposed by counsel, he would have
to decide in favor of the defense and
dismiss the case. The law is clear in
the point of former jeopardy, the re
corder said, and the decisions are
numerous.
81 will bow to that decision" said
DR.. Drummer in a cynical manner. but
no man or gentleman will take adj
vantage of technicality to -" The
health officer was advancing to where
DIR. Warning sat, but was stopped
by Mayor Myers. DR.. Drummer may
have completed his sentence, but if
he did, his voice was drowned by that
of Mayor Myers who was trying to
avoid a scene that appeared inevita-
bile. The Mayor left the bench and
spoke to the health officer who seemed
anxious to express himself freely. DR..
Warning left the court room while the
Newman case was being heard