The Savannah morning news., 1904-11-08
REFUSED TO AID
SUPERIOR COURT
COL. ANDERSON DECLINED
TO GRANT PERMISSION To SOL
DIER-wITNEsS TO ATTEND.

DIER-WITNESS TO ATTEND.
On Motion of Acting Solicitor Judge
Cam Ordered AcquittaI in Case
Against Frank NaylOr Charged
with Selling Liquor on Sabbath.
Fort ScreVen Authorities instt-
tuted ProsecutiOn-COurt Charac-
terized Action as Otter Disregard
of Civil Authority"
A verdict of acquittal in the case OF
the state against Frank Naylor, charg-
ed with keeping open a tipping house
on the Sabbath, was ordered by Judge
Cam in the Superior Court yesterday.
This course was taken only after it
became apparent that a conviction
could not be secured, owing to the
hampering part played by the officers
of Fort Screven, who had first APP
peared as prosecutors. In ordering the
acduittal of the defendant the court
characterized the courts of the govern
ment as the most remarkable that had
ever come to his notice.
The tipping case began several
months ago when, on evidence volunta-
rily furnished by the officers of Fort
Screven, Naylor was indicted on a
charge of Sunday selling. To this in
dictment he plead guilty and was
sentenced by the court to pay fine
of 500 and costs. A few weeks later,
again on evidence furnished by the
Fort Screven authorities, a second in
dictment was returned, a plea of not
guiltx was entered and the case set for
d hearing.
Twice the case was postponed, once
owing to the absence of one of the at
torneys for the defense and once owing
to the absence of a material witness
for the state the artllerymen VINO
were needed not appearing as Witness
es When the case was called yester-
day both sides announced ready. -Four
privates We're on hand for the state,
but two other witnesses, Lieut.. NC
Bride and a fifth private, were MISS
ing.
Private William J. Shipley was the
first witness called by the state. he
developed a remarkable reucence ana
was decidedly disinclined to give any
evidence against the accused. He ad-
in a rear room in the defendants home,
but declined to admit he was in the
bar or that the room in question was
a part of the bar.
Assistant Solicitor General Charlton
then announced he had been entrapped
by his witness and he would 1mpeach
him. He presented to the man the
statement he had made to Lieut.. Nc
Bride and certified to as correct, but
the witness refused to admit it was
his own He said he had faint
recollection of having been before the
grand Jury, and claimed he was in
toxicated at that time. The other pri-
Yates called. Messrs. McNabb and
Black, took the same ground as Prl-
vate Shipley.
Question of Expense.
In the meantime a telephone mes
sage had been sent to Lieut. Mcbride,
asking him to come to the court as
his evidence was needed. He replied
he would, provided Col. Anderson, the
commandant, would allow him to leave
the post. About ten minutes later he
called UP hhe acting solicitor and an
nounced he was too busy to leave the
fort, but would come some other day.
This confirmed the general impress
sion that had become current among
those in the court room that the gov
eminent ndQ SuOQeiiN uCNGiOptu d OAS-
inclination to prosecute the case. I'm
doubted proof of this was furnished
when it leaked out that Col. Anderson
had written to Sheriff Schwarz, stat
ing that the government was not the
prosecutor; that it had brought the
matter to the attention of the court
only for the benefit of the solicitor
general, and that the men at the post
could not come to the court unless
their expenses were paid by the state.
A reply was sent back to the effect
that there was no law under which the
court could pay the expenses of wit
nesses residing in Chatham county,
and that under the circumstances it
could not compel the attendance of the
men on the court, they being under
the direct control of the government.
In order, however, to make certain that
the state had done all in its power.
subpoenas were sent to the men with
the letter.
Some Remarkable Facts.
The government maintained its
ground and declined to pay the ex-
penses of the soldiers from Tybee TO
Savannah, and Lieut.. Mcbride was
too busy to leave his post
Still the state was disinclined to give
up the attempt to secure conviction
and Solicitor Charlton asked for a
postponement until to-day. To this
Attorney ]. Ferris Cam and David c.
Barrow, counsel for the defense, OBJ
Jected, on the ground that two con-
tinuances had already been granted;
that the state had been given ample
time in which to secure it's witnesses,
and that furthermore, though the Fort
Screven officers had placed an armed
guard at the door of the defendants
saloon on the Sunday in question, and
he was we'll known, yet he had not
been summoned as a witness.
Judge Cam then announced though
the action Of the officers at the fort
was somewhat remarkable, and though
he did not feel he was compelled, un-
der the circumstances, to consult their
convenlences, yet he felt the state
should be given every opportunity to
make out its case. Under the existing
conditions he stated he would grant
continuance OF the case. despite the
additional expense and inconvenience
10 the county.
Ordered Verdict of AequittaI.
Acting Solicitor Charlton then had a
second consultation over the telephone
with the Fort Screven authorities. This
was 50 unsatisfactory that he deter
mined thsre was no use in proceeding
with the trial AS a result. he re-
entered the court room and addressing
the court. said.
In view Of the strange action OF
the Fort Slcreyen authorities, and in