The evening Republican., 1902-09-23

Mcdaniel, Mayor Evan G.. Boyd,
Walter Rash and Harry Wiggles
worth, charged with conspiring to-
obtain money from county by frau
ulent methods, came to an abrupt
and rather sensational ending yes
terday afternoon.
The ground for such a request was
the absence of Il material witness,
Montyaloo A. Cole, who was par
doned in early spring. Such dis
position of the cases caused no little
excitment about the Court House.
Attorney General Ward shortly
after court convened yesterday
afternoon asked for Il continuance
in the above cases, on the ground
of the absence Of two material
witnesses.
One of these was absent, he said,
under certain obligations, and the
other was absent under obligations
over which he had no control. The
witnesses were ready to testify at
the May term, he said, and he was
of the belief that they would be here
at the November term. He had tried
to have them here at the present
term, but his efforts Were unsucccSs-
full, and it was his request that the
cases 60 over to November.
u William S. Hilles here arose and
said that he and his colleagues
representing the defendants, had
suggested at the May term that the
witnesses be locked up i'll order that
they would be here to testify at
the present term of court. This sug
gestion, he said, had evidently been
given little or 10 consideration. In
speaking for the others, he de
clared that they had gone to con
siderable inconvience IN preparing
for the trial, and said they We're
ready to begin.
Mr.. Hilles said that if Mr.. Ward
was of the belief that the grounds
for asking for a continuance Were
sufficient they would waive the
affidavit usually required providing
he would give the name Of his ma
terial witness and tell what he
hoped to prove by his testimony.
I Alexander B. Cooper, another of
. the attorneys, read section II,
chapter rs, Of the Statutes cover
ing the cases, which was as follows:
] III any person Shall been com mt
ted for treason, or felony, and Shall
not be indicted and trei at the
next term Of the court. where such
crime is cognIAable, and lie Shall be
Set at liberty on ball. unless 1t ap-
pear by affidavit. that the witnesses
for the state naming the witnesses
could not then be had, and it such
prisoner shall not ne indicted and
tried at the second term after his
commitment. he shall be discharged
from prise on. -
In referring to the statues cover
ing the case, Mr.. Cooper pointed out
tho fact that while !tapplel to cases
of treason and feionv, it should APP
ply to cases OF mIsdeneanOr as well.
Attorney General WIra was Op-
posed TO dyulging the nam: OF the
absent material witness and contend
ed that the defense could have a
witness and not be forced TO disclose
the name or what it was hoped 10
prove by the testimony OF tile same.
Mr.. Ward referred to such as lmprO.
priety. The court however, failed to
see the imprOprlety OF the matter and
after brief consultation, Chef Jus.
tice Lore said.
, "We think the states attorney is
Oblidged to give the name Of the
witness and tell what you propose
to prove"
'Montyaloo A. cole is the name
of the witness said Attorney
General Ward, aud we expect to
prove that he kept the books Of the
sheriff, that he kept a list Of the
dodgers who visited til" Jail and
made out the supposed commit
ment5. We propose " prove that
he made out the commitments which
were sent in hatchcs to Mayor Boyd
periodically, Lastly, we propo-" to
prove that there were no commit
ments, that is substantially speak
ing"
When Attorney General Ward
ceased speaking the court held a
brief consultation un the bench and
Chief Justice Lore addressing MIR.
Ward, sad that in view of til"
statutes covering til" matter it was
the opinion of the cUur, that III"
case should be tried at the present
term.
Accordingly, Attorney General
Ward Immediately nulIr pressed the
cases against the Dlrfrndants
There was Il buIz OF conversation
about the court room when this wa,
: done, for 1t was mot generally he
ieved that such disposition would
be made of the ca~ts. the d"trn-
dantS were represented hy William