Savannah morning news. [volume] (Savannah) 1868-1887, 1881-12-14
ON TRIAL FOR HIs LIFE.
The Murder OF An Old COl0red
northumberland of the SC
eused and His Sentence 10 Death.

It viii be remembered by the readers Of
the MORNING NEWS that on the 10th Of
July last, an aged colored man by the name
of Toby Locke, who was employed as
Waterman at the wood yard OF Messrs.
Ccskley & Jones, on the canal, was found
in the office brutally mangled and dead. A
Coroner's inquest was held, and, after pa
tient investigation, no clue could be obtain
ed to the perpetrators OF this atrocious deed,
and verdict that the deceased had come
to his death at the hands Of parties unknown
was rendered by the jury.
Several persons, however, were arrested
on suspicion, but nothing definite could be
ascertained which would justify an indict-
ment. At this juncture Lieutenant Thos. j.
Sheftall, Of the police force, took hold OF
the case, and by unremitting energy
and the exercise of considerable
detective skill and ingenuity,
succee ded in weaving a chain Of evidence
around one of the parties at least, which
scarcely left doubt as to his guilt. This
Individual is negro by the name OF Jesse
Williams, who was indicted for murder and
Yesterday was brought up for trial in the
Superior Court.
The evidence adduced by the State
showed that on the night in question some
negroes had gone to the Office of COakley d
Jones for the purpose of robbing the safe,
and encountered the faithful old Waterman,
Toby Locke, who resisted their efforts. He
was knocked down, and received three fear
full blows on the head with heavy piece of
oak wood which caused his death. The testi-
mony Of Sidney Clarke and William Green
was to the Z fleet that they had gone to the
wood ward with Jesse Williams for the pur-
nose Of stealing. Williams obtained ad-
mittance to the Office by representing him
self as a raft hand, and, after getting in,
the struggle with old Toby took place,
with the result stated above.
Green and Clarke testified that the ap.
proach of some persons scared them of,
and that as they ran away they heard the
dull sounds produced by the blows inflicted
by Williams, and also heard the groans OF
the unfortunate old man.
Williams, It was stated, came to Milton
Gilbert about one O'Clock in the morning,
and told him that he had "dOwned" the
old man, and requested him to go with
him to rob the safe. Gilbert refused, and
williams retired Subsequently, Williams
confessed his participation in the crime TO a
colored woman named Lizzie Lee, and on
the stand yesterday admitted that he was
present at the murder, but denied striking
the blows, and asserted that the old man
was stricken down by Green. The evidence
was very conclusive, and through the care
OF Lieut. Sheftall in working up the case not
a link was missing, which is greatly
to his credit as shreWd detective
officer. The prisoner was defended
by Messrs. w. H. Wade and Pr O'Connor,
both of whom made lengthy arguments be-
fore the jury. The State was represented
bv the Solicitor General. After the argu-
ment, Judge Tompkins. at the request of
the counsel for the defense, delivered his
charge to the jury in writing, which we
present herewith as of interest in the case.
CHARGE OF THE COURT.
The defendant is indicted for murder, and
the specific charges and allegations against
him are set forth I'm the bill of indictment
which you have charge OF.
The law applicable to this case, and which
YOU are TO take into consideration, is first
found in the Code of Georgia, sections 1920,
1921, 1922 and 1925 as amended by acts of
1878 and 1879, and is as follows Here the
court read these sections):
'Sec. 1920. Murder is the unlawful kill
ing Of a human being, in the peace Of
S ate, by a person OF sound memory and
discretion, with malice aforethought, either
express or implied"
'Sec. 1921. Express malice is that deliber
ate intention unlswfully to take away the
life of fellow creature, which is manifest
ed by external circumstances capable OF
proof"
''Sec. 1922. Malice shall be implied where
no considerable provocation appears, and
where all the circumstances of the killing
show an abandoned and malignant heart"
''Sec 1923, as amended by acts Of 1873
and 1879, page 60. The punishment for
persons convicted of murder shall be death,
but may be confinement in the penitentisry
for life in the following cases: If the jury
trying the case shall so recommend, or II
the conviction is founded solely on crcum-
stantial evidence, the presiding Juf may
sentence to confinement in the PERI ntiary
for life. In the former case it is no Giscre-
tiOnary with the Judge, in the latter it is"
You are to take all the testimony in the
case, weigh it and consider it, and make up
your minds as to the guilt or innocence of
the defendant from the evidence, and the
law as given you in charge, and as may
have been rec,ted to you by counsel in the
case. You are to judge of and apply the
law to the facts, and thus to arrive at your
verdict.
The defendant is presumed By law to be in
innocent until proven TO be guilty; and he is
entitled to all reasonable doubts, and If you
have a reasonable doubt as to his guilt, he
is entitled to such doubt, and to an ac-
quittal.
DflSOHtT 8
what worth you think 1t entitled, and you
NAV believe this statement in preference to
all sworn testimony. Any conflicts in the
evidence you are to reconcile, and, If posi-
Bile, to do this consistently with the impu-
tation OF falsehOod to no one. Bat you are
not bound to believe ali that Is testified to,
II under all the circumstances you do not
think any of the evidence worthy Of belief.
You would not be authorized TO find the
nesses who are accomplices-and | read the
3755th section of the Code in this regard.
(aere read 1T
II you believe that, ever and beyond the
testimony Of any accomplices, there is
clear and definite evidence of cor
robOYdting circumstances, then you
would be authorized TO take the cor
roboratiDg circumstances along with the
testimony OF the accomplices, and seeif you
do or DO not believe beyond a reasonable
doubt that the defendant is guilty.
Nor will confession of guilt be sufficient
of itself to authorize a conviction. The law
relating to confessions is found In sections
3TS2 and 1898 of the Code. Here read them
II, taking all the evidence together you
should not believe that the defendant struck
the fatal blows in person, as set forth In the
indictment, but that the defendant went with
another or Others to the place where the
with the design of committing larceny,
and that being there together for that pur-
pose, all aiding, abetting and being present,
the deceased was killed, not by the defend
ant, but while he was there and with his
knowledge and consent, then he would be
lust as guilty as if he had himself struck the
blow or blows which caused the death of
the old man who is alleged to have been
killed.
A person may be principal in either the
first or second degree under section 43O5 of
the Code, which will read. Here section
was read.
I also read section 43O9 Of the Code to
the defendant, whether you believe he Is gull
ty Of having actually killed the deceased, or
was only present, aiding and abetting the
act to be done. Here read it,
If the defendant, accompanied by Sidney
Clark and VIM. Green, went to the house
of the deceased intending to steal, and IN
the prosecution of that design the deceased
came to his death at the hands of any one
of them, while the defendant was present,
standing by, aidiBg, abetting and taking
part in the design and action, then the de-
PENDANT is, In law, in the same condition as
If his own hand had committed the act.
The law permits that one or more per-
sons, who have been implicated in e crime,
NAV be used by the State as witnesses
against the other. OF course the jury
ought to take into consideration every fact
in the case, and the character and capacity
of each witness; but the State has full au-
thoTity, rightfully and honestly, to let eff
one criminal in order to effect the punish
rnant Of snOt her and as Jurors Won have