Savannah morning news. [volume] (Savannah) 1868-1887, 1885-04-24
IN THE JURY'S HANDS.
AWAITING THE VERDICT IN TIE
DEVINE CASE.


the states Evidenco-1hc Prisoners
Staten The story of Witness
O'ErIen and the COiored Nurse-The
COronsr's Testimony-SuI of the
Case-The Judges Charge to the ury-
Scenes in the Court Room.
The Superior Court room was packed
with a dense crowd when Judge Adams
took his seat yesterday morning ana the
trial Of Devino was resumed. The Sheriff
and lis deputies were yigilant in the eX-
IRENE, and showed their efficiency and
patience in the face Of the crowd of peo-
pie, many Of whom thoughtlessly showed
at times an almost uncomfortable impulse
to interfere with the progress Of the trial.
The jury looked fresh at the opening of
the court, notwithstanding the fact that
they had passed the night in the court
room. The prisoners were brought from
the jail early, and while waiting for the
court 10 open were guarded in the petit
jury room. A dense crowd watched
at the entrances of the build
ing for the prisoners, little dream
ing ttat they We're quietly waiting
for the trial 10 proceed. Upon the JUDGES
desk large tray, formed Of basket lid
draped with moss and almost hidden I'M
der bunch Of flowers, filed the court
room with their fragrance.
REsUNrING THE TESTIMONY.
On Wednesday eight of the States wit
nesses were examined. Their evidence
was in the main anticipated by the testi-
mOny during the COroners inquest. Other
witnesses were about to be introduced
whose narrative was intended TO rivet a
manacle upon the prisoner, from which,
if ne escaped at all, would be for the want
of the meresU trife IN the way of positive
testimony TO form the connecting link i'm
the train of circumstances associated
with Piuger's death.
The first of these witnesses, and the
ninth IN order introduced by the
State since the commencement
of the trial, was w. r. O'Brien.
O'Brien gave bis statement IN such a
prompt, STRAIGHTFORWARD and clear way
as to command the close attention Of the
court and spectators as well as of the
prisoner. The witness said he was sleep
ing on the night of the murder in the
second story Of a building about twenty
yards from MOessner's saloon. His win
dow overlooked the pavement on the west
side Of West Broad street. He was
awakened by the report of pistol. His
bed was about three feet from the win
dow, which was closed, and he
hastily got up, opened the blind
the south end of the HORSEBACK, and little
south Of Moessner's saloon door, and also
saw a
FLASH FROM A PISTOL.
The flash seemed TO originate close to
the place where the two men were. and he
had the impression then and afterwards
that Devine was one of the two men. He
saw the men when they came back about
20 minutes afterwards with the officer.
On being cross-eXamined the witness
stated that he saw the flash of the pistol
close to the ground. and that he
didn't see the flashes from the
shots fired previously. A few seconds
after the firing some one at Feeley's stable
across the street said, 'there is a man
lying there" He saw the body of a man
in the street, about 50 yards northeast
from the HORSEBACK, towards Bay street.
and about steps from the pavement. At
this point the diagram of the locality was
opened, and the witness pointed out to
the court and jury the position of the
HORSEBACK, the location of his
own room, trees, etc. Immediately
after he saw the flash of the
pistol the two men whom he had seen
walked away in a soUtherly direction on
the same side of the street where the
shooting occurred. He saw no one run
and saw no other men when the pistol
was fired.
THE COLORED NURSES STORY.
The next witness who testified was L.
G. Grant, a middle-aged colOred woman,
who testified that she was living as a
nurse at Mr.. Charles G. Taliaferros, in
what is known as the Marshall house, on
the same side of the street with MOess-
ner's saloon and Daley's stable. She and
another nurse named Caroline occupied
IN
One window of the room looked down
ON West Broad street, and the other
towards the north, or in the direction Of
the saloon. One woman had been awake
same time attending to a baby, and, hear
ing the pistol shot, she woke up the wit
ness, who raised the window on the north
side and heard pistol shots and the CRY of
"police!" Soon after hearing the cry,
two men passed along on the sidewalk,
coming from the direction of the river.
She heard one Of them say to the other:
"By God, gave him h-l" She could
not identify the men, but saw that one
had the others arm, and that they were
going up the street towards the Central
railroad depot.
On the crOss-eXaminatiOn the witness
stated that she heard three shots after
opening the window. She then repeated
the testimony she gave on the direct eX-
animation, the questions prOpOunded by
the defendants counsel falling TO discon-
cert her in the least.
MOEHRKE ON THE STAND.
Charles MOehrke was then called. He
said DeYine and O'Reilly came into Moess-
ners saloon. where Phuger, OFT, HONG.
Helwig and himself were playing cards.
They had been PLAYING about half an hour
before Devino and O'RenIy entered. The
difficulty between O'RejLly and PGuger
was caused by O'Reilly. who came over
to the table aud struck Pr uger, who was
sitting near them and lOOki ny at the game.
Phueer stood up aud asked O'Reiuy il he
meant 10 insult him, aud then went behind
the bar aud put something down. He
then came b2ck around the end of
the counter where be aud O'Reilly
clinched and fell on the floor. The wit
ness separated the men and finally got
Phuger out Of the door. soon after
O'Reillv came out and made for the wit
ness. WHO caught him by the arm and held
him down. While in that situation De-
vine struck the witness over the eye with
something shining. The blow Knocked
hi n down. Blood filed his eyes and he
could not see. He remained in n dazed
condition on the ground short time.
during which two pistol shots were
fired over him. Two shots
were also fired after he got up.
They We're fred Immediately after wit