The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-07-24
A LIVELY TILT
IN CITY COURT
COURT AND JUDGE TWlGGS
HELD HEATED ARGUMENT AS TO
LANGUAGE USED IN CHARGE.

Incident Occurred Just Previous to
Adjournment of Court Yesterday
MOrning-JudGe TVvigGs Claimed
Court Had Erred in Charge.
Words Claimed to BE in Error
Were "Every One Knows That n
Woman Does Not Wear Trousers"
Jurors VIII BE Called in to De-
eide.
To prove whether or not Judge Nor
wood used certain words in a charge
to jury, twelve City Court jurors
will be brought into the court to-mor-
row to act as witnesses.
This is the elimination of an allie
cation made in the City Court yester-
day morning by Judge H. II. D.
Twiggs as to certain words used by
Judge Norwood in charging a jury.
The attorney and the court had
warm argument, and the matter end
ed by Judge Norwood deciding to call
in the jury to give evidence.
The little spat was the outgrowth
of the conviction of II. Blumenthal, a
pawnbroker, of knowingly receiving
stolen goods. Previous to his convic-
tion Daisy Lloyd, colored, had been
convicted of larceny of a pair of
trousers, and these she pawned with
Blumenthal Blumenthal was indicted,
tried by a jury in the City Court and
convicted.
A Question of Memory.
His counsel, Judge H. H. D. Twiggs,
then filed a motion for a new trial
and yesterday morning the motion
came up for argument. One of the
grounds urged for a new trial was that
the court had erred in charging the
jury. The error, according to Judge
Twiggs, consisted in the use of the
following words by Judge Norwood:
The article pawned after it had
been stolen, was one pair of trousers.
Had the woman come to him with a
skirt or a waist, he might have sup
posed that they were hers. But every
one knows that women do not wear
trousers"
Denied Using the Words.
Judge Norwood denied using the
words, and said he made no state
ment that women do not wear trous-
ers. Judge TWiggs as earnestly main
tanned that he did and charges and
denials on that point flew back and
forth for several minutes.
Under the law the court stenograph-
er does not take down the charge in
misdemeanOr cases and his notes could
not be appealed to. The question then
rested on the accuracy of the memory
of the court and of the attorney. Up
to this point the two had been con-
versing quietly and no one in the
court room was paying any attention
to what was being said.
Neither Would Give in.
Suddenly the conversation grew
louder and there was evidence that
anger was beginning to control. The
attention of every one was attracted
| to the two when Judge Norwood hot
ly exclaimed: Il repeat, sir, that l
made no such remark" AS he spoke,
Judge Norwood shook his finger
threateningly.
Il beg the courts pardon" was the
quick response, but you did make
that remark. 1 heard you make it
and noted it at the time"
Il made no such reference" was the
retort.
VIII Call in Jurors.
Things began to grow exceedingly
interesting and heated with these re-
peated charges and denials and the
court attendants settled down to see
the fun. A few more verbal passes
were made and then Judge Twiggs
bowed and said:
Il will yield to the courts memory
and accept your statement that you did
not use the expression in your charge"
This thing will not be settled in
that way" was the quick answer. mo
man shall come into my court and
challenge a matter of this kind. 1 will
vindicate myself. 1 will have those ju-
rors brought here as witnesses. We
will definitely settle this thing Mon
day."
Rushed Out SubpOenas.
Then. as Judge Twiggs started to
leave the courtroom Judge Norwood
turned to the clerk of the court and to
a deputy sheriff and said: Have that
jury brought into court Monday morn
ing. Get every man of them and have
him here. We will see whether or not
the words were used"
Twice after that the order was re-
peated and there was a hurried effort
to rush subpoenas for the jurors. On
Monday morning they will testify
Court adjourned shortly after this in
cident until tomorrow.