Legal Opinion

Gavan v. Ellsworth

Supreme Court of Georgia

Decided January 15, 1872PublishedCited by 21 opinions

Continuance. Witness. Evidence. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. In 1869, in an alley between the National Hotel and the Norcoss building, Atlanta, Ellsworth received certain blows upon his head, which, he supposed, were inflicted by John Gavan. Gavan was arrested, charged with an assault with intent to murder Ellsworth. One of the Justices who presided at the commitment trial was Thomas Spencer, Esq.

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Continuance. Witness. Evidence. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. In 1869, in an alley between the National Hotel and the Norcoss building, Atlanta, Ellsworth received certain blows upon his head, which, he supposed, were inflicted by John Gavan. Gavan was arrested, charged with an assault with intent to murder Ellsworth. One of the Justices who presided at the commitment trial was Thomas Spencer, Esq. The Justices directed one Holmes to take down the evidence, and he did so. But, for his own convenience, Spencer also took down the evidence in short-hand, and…

1Opinion of the Court

McCay, Judge.

1. We do not think it was error in the Court to refuse the continuance. Necessarily continuances must vest largely in the discretion of the Court, and the facts in this case show the propriety of the rule. Evidently the Judge was led, from, the contradictory statements made in the showing, to discredit it, and to think the motion to continue a mere pretext for delay. We cannot say he was not justified in this conclusion. He was an eye witness and ear witness of what took place, and there is enough of the scene transmitted into the bill of exceptions to make us suspect more.

2. As…

2Cases cited1 opinion

  1. United States v. MacombU.S. Circuit Court for the District of Illinois · 1851

3Cited by21 opinions

  1. Robertson v. StateCourt of Criminal Appeals of Texas · 1911
  2. Prater v. StateCourt of Appeals of Georgia · 1979
  3. Rigden v. Jordan & StewartSupreme Court of Georgia · 1888
  4. Atlanta & West Point Railroad v. VenableSupreme Court of Georgia · 1881
  5. Reeves v. MorganCourt of Appeals of Georgia · 1970

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