Savannah morning news. [volume] (Savannah) 1868-1887, 1885-05-08
AWAITING TIE VERDICT.
THE O'REILLY CASE ~ THE
HANDS OF THIS JURY.

THE O'REILLY CASE ~ THE
HANDS OF THE JURY,
Scenes in the Court Room a. the re,
ginning OF the Tzial-The PriAo"pi
Kept Under Guard in the ShcriG's
OGice-The States WisEAaasSS-NO Tvi-
dence in Behalf of the Defense Except
O'Reilly's Statement-Devire specia-
tor in the Court ROOm-A Mistrial
Looked for.
The Superior Court room was crowded
to its capacity yesterday morning, upon
the opening of the trial of James O'Reiily'
charged with the murder Of the young
German, Emil Phuger. An hour before
the court convened the prisoner was
taken from the Jail and kept in the Sher-
IFS office under guard. large crowd
collected about the court house and pa
tiently awaited an opportunity TO see how
the prisoner looked, but it did not
have chance until the court
opened. when he was walked inside
tie bar and took seat near his co;nsel.
The prisoners general appearance was
described during the trial Of Dayine, but
many supposed that his confinement since
then and the anxiety as 10 how the trial
AbuIQ result uHt WI AIN a llIttA 'AIA
change in his appearance.
O'REILLY IN TIE COURT ROOM.
There was an expression Of WEAKNESS
about his face and a pallOr indicative Of
nervousness when he found himself in
the presence of the tribunal which was,
in a few hours, perhaps, at the iarthest,
to sign the verdict as to his guilt or in
nOcence.
The Clerk called the roll Of the seventy
five Jurors summoned to complete the pan
ell, and as the work OF selecting the jury
proceeded the prisoner eyed each man
closely and was frequently in cOnsuta-
ton with his counsel to determine whether
a Juror should be struck or accepted.
The work of impanehng the jury
was not concluded until 12:l5 O'Clock.
Up TO that time thlrty-four jurors went
eff for cause fourteen were struck by
The defendant and four by the State. The
twelve chosen and sworn to try the case
were as follows:
TIE JURY,
II. G. Davis, S. f. DUPONT, DR.,
w. w. Rogers, w. Nj. Davant,
w. S. TisOn, d. W. Wo0drun,
Oscar N. Berry, Il. l.. Owens,
Joseph Barbour, Jacob 5. Collins,
j. W. Moore, J. +. Freeman.
The State was represented by solicitor
General DuBignOn ana Hon. =. w. Mel
drim, and the accused by Hon. Il. +. Les
ter Capt. George A. Mercer, p. j. O'Con-
nor, Esq, and j. j. Abrams, Esq.
The witnesses were assigned seats in
the grand jury room, whence they were
admitted into the court only when called
upon to give their testimony.
DEvINE A SPECTATOR.
Probably one of the most deeply inter-
ested Of all the spectators in the court
10, fbfa hnrs
he door leading into the Sheritf's
Office His face was eX-
ceedingly pale, and showed that
the man had not fully recovered from the
effect OF his imprisonment and trial. His
appearance attracted good deal of at
tention.
The first witness called was DR.. r. z.
Myers, VINO made substantially the same
statement that he gave in the former trial.
He stated that he made a post mOrtem eX-
animation OF the remains of Emil Phuger
at the request of the Coroner, and that he
found hut one wound, which, in his Opin-
ion, was sufficient to cause death. The
ball entered the skull a little above and
back Of the lobe of the left ear, ana after
crossing the brain diagonally, dyed in
the socket OF the right eye, whence it was
extracted and turned over to the Coroner.
THE TESTIMONY.
Adolph Goss testified that he knew
Pfuger for twenty-fOur years and saw
him die about 1918 O'Clock on the night
the tragedy was committed. The body
was lying at the time on West Broad
street about 60 feet from Mcessner's sa-
loon. He saw Phuger previous to that
time between Z and O'Clock on the
evening before. Upon the redirect eX-
animation the witness stated that Mr..
Schneider first reached Phuger after he
was shot.
Charles Helwig was the next witness.
His evidence was substantially the same
as that given on the trial of Devine. He
related the circumstanc leading to the
fatal ARRAY, and said that O'Reilly first
accosted Pnuger in MOessner's saloon
with the words "HellO, you -."
Pfluger asked If he meant to
insult him, and O'Reilly slapped him in
the face. Phuger jumped up and put his
hand behind his back, as if to draw a
pistol. O'Reilly saw the move and Pnuger
admitted that he had pistol and was
going 10 get rid OF 1t. lie then
went behind the bar, seemingly
with the intention of laying the pistol
down, but the witness did not see him do
SO. lie had no diff 'ulty with any one in
the saloon. HONG, he said, tried TO sepa-
rate Pnuger and O'Reilly after the
former came out from behind
the car ana naO cllncneu. In the
cr0ss-eXaminatiOn the witness stated that
Devne got between Pnuger and O'Reilly,
when the latter struck at Pnuger over
Deyine's shoulder. OReilly was pretty
drunk. but the witness was unable to say
who OF the two men fell TO the floor first.
though OReillY was on top. Finally
Carney took Pnuger out OF the saloon,
and witness did not see either Of them
afterwards.
REVIEWING TIE EVIDENCE.
On the redirect examination he stated
that he saw DeVine pick up a chair and
strike at Honig, who was trying 10 part
the men, and that he believed O'Relly
was SOBER enough to stand firmly on his
feet.
John Honlg was then called. Among
other things he stated that Piluger was
not Intoxicated al the time the ARRAY be.
gan, and went out Of the saloon by him,
self after he thought the difficulty was
over and left Devine and O'Reilly To-
gothcr. MOerke and Moessner followed
him out OF the door.
Peter OF testified that when DeyinC
efrupl HToufp with a phufr Fisher fntpr