Savannah morning news. [volume] (Savannah) 1868-1887, 1883-08-27
THE SOURCES MURDER TRIAL.
A Verdict of Not Guilty A Full Ao-
count OF the Proceedings.
Correspondence Of the Morning Ne'os.

count OF the Proceedings.
CorresDondeace Of the Morning Nelcs.
GIBSON, GLAssCocK COUNTY, Au-
gnst 24.-The third day of the trial of DR..
E. G. Scruggs, for the murder of Adrian
Underwood, came to a termination last
evening. During the proceedings the
courtroom was thronged. Men from sur
rounding counties came on horseback, in
wagons, and on foot, TO attend the trial.
Citizens say it was the largest crowd that
ever attended any trial in Gibson. -Four
witnesses were examined, whose testimO-
ny was conflicting in some respects.
I'D. Johnson s-the main States witness
testimony, was wavering at times, and was
impesched by several Witnesses Mary
Jackson, a colored woman, created consid-
cradle laughter by her answers. When she
was asked what she meant by "advane-
ing" She replied that it was ''sorter
fuss" Several witnesses were called 10
testify as to JOhnsOn's character. -Four
said it was good. and five said it was bad.
After DR.. Scruggs made his statement,
counsel on both sides began TO sum up.
Hon. Thomas f. Watson. associate sollcl-
tor, made the opening speech. he occu-
pied about three-quarters of an hour. lie
charged the jury to view the eTldence
carefully and perform their honest duty.
He also paid high tribute TO DR.. Scruggs'
bravery in the war. He was followed by
Hon. James Whitehead, OF Warrenton,
who delivered an eloquent and feeling
appeal in behalf of the prisoner. He
spoke about an hour. JUDGE William
Gibson followed. One hour was consumed
in his address. His language was to the
point and made a strong impression on
the jury.
Hon. George F. Pierce, Jr.. Solicitor
General, made the last address. lie SPOKE
feelingly of the sadness of the affair, and
the distress it had caused the family OF
the deceased. Judge +. IL. POttle occu-
pied an hour in charging the jury. He
spoke of the Importance attached to the
case, and explained the enOrmity of the
crime for which the accused was on trial.
/ During his charge he defined the various
points of law in connection with the case.
The points were well chosen. ''lf you be-
lieye," said Judge Pottle, ''that Under
wood in passing along the road halted DIR.
Scruggs, and attempted to use deadly
weapon, with the intent to kill Scruggs,
when DIR. Scruggs was not making any
/ assault on Underwood, nor attempting to
do so, and that DR.. Scruggs then shot and
I killed Underwood when it was absolutely
necessary, the killing was justitiable, and
the Doctor should be acquitted. If you
! believe that Underwood, in passing along
the road made no assault on DR.. Scruggs
that he was not attempting by malice or
surprise to inflict felony on DIR. Scruggs
with pistol, and then Doctor Scruggs shot
and killed Underwood, it was not Justif-
able but murder if done with malice;
that is, with a deliberate intent to kill. If
YOU believe that when Underwood left the
house of Hunter he had the fears of a
/ reasonable man, by reason Of threat or
otherwise. that DIR. Scruggs intended to
insult him, and commit felony on him,
he had a right to put himself in condi-
ton of defense; though you should believe
that. he Underwood J, when he met with
DR.. Scruggs in the road, was armed, and
even if his pistol was cooked and ready
for use, and although the deceased might
have made threats against Scruggs, yet If
at the time Underwood did not draw his
weapon. and was not attempting to use
his weapon. or to execute his threats on
Scruggs, if Scruggs killed him under such
circumstances the killing was not justifi-
able, and was murder if there was malice,
either expressed or implied.
Judge Politics. charge was to the point,
and was impartial. The jury were out
about half or three quarters of an hour.
When the jury marched into the court
room a dead silence prevailed throughout
the audience. Judge POttle asked the
jury whether they had agreed upon ver-
dict, and the foreman answered YES
The bill of Indictment was then handed to
the Solicitor General, who read the fol-
loving verdict which was written on the
back; eve, the jury, find the defendant
not guilty." When this was announced
the defendants counsel and the audience
gathered around and congratulated him.
During the whole trial the gray-haired
father of the doctor sat beside his son and
anXiOuslv listened to the proceedings.
When the words mot guilty. were pro-
nOunced tears of joy were observed escap-
ing from his eyes, and he appeared to be
deeply moved. AS the lawyers approached
he grasped their hands and shook each
heartily.
Everybody, as far as l could learn, is
perfectly satisfied with the verdict, Credit
must be given to Sheriff NewsOn and his
assistants for the good order that pre-
vailed. This trial will long be remembered
in this community.
While the jury in DR.. Scruggs' case
We're out. colOred boy was arraigned for
stealing and breaking into house. His
name was Jerry Norris, and only twelve
years Of age, He pleaded guilty. He
was sentenced to the chain-gang for two
years. NJ. l.. Z.