Savannah morning news. [volume] (Savannah) 1868-1887, 1885-04-24

and the defendants cou nsel was one OF
the features Of the trial. Inc witness got
excited at times, uur ia the main repeated
his story OF the difficulty two or three
times without yitiating his evidence.
Coroner Dixon testified as TO having
held The investigation into the circum-
stances Of lie killing Of HHugef, ana pro-
duced the BAH which was found in the re-
mains OF the dead man. He also testified
as to the appearance Of NOchrke. Deyine
and O'Rsilly on the day the inquest was
held.
Policeman j. /. Spann repeated IN sub
stance the account of the arrest Of the
prisoners whicl he gave at the inquest.
Al this point the State rested, and the
court took a recess for twenty minutes.
THE PRISONERS STATEMENT.
Theprisoner was placed upon the stand
after the recess and gave his version of
the difficulty m the saloon. When he first
entered blOessuer'S place with OReilly
be noticed three or four men at the bar,
four at a table playing cards and one
looking on. lie called O'Reilly's at
tention to the fact thai Phuger was
present and referred To him as "our
friend" He explained the difficulty
which he heard was being reported as
having occurred previous to the night OF
the tragedy between himself and Phu9er-
1t amounted, he said, TO but triile. Pllu-
ger and himself had had an understand
ing and explanation at the tfmC and alter
wards had drank together. There was no
ill-feeling, he sald between himself and
Plluger. and when he spoke 10 O'Rellly
about Phuger beingin the room he antlcl-
pated no difficulty. While ne was drink
ing and talking at the bar he heard dis
turbauce behind him and, turning around,
saw that OR lily and Pnuger were about
to have a quarrel. lie jumped III front Of
O'Reilly, with mis- back to Pnuger and
tried to separate the men by keeping
O'Reilly back. O'Reilly, the prisoner
went on to say, quickly called to me:
s'LOOK OUT, HE'S GOT A PISTOL
when / wheeled about and saw Phuger
with his hand IN his nip pocket being
crowded back by Els friends into the cor
ner at the end of the bar. 1t seemed to
the prisoner that Phuger, by keeping his
hand in his pocket, was de1Oeratlng
whether he would shoot or not. At that
instant O'Rsllly ran around the prisoner
and met Phuger coming out from behind
the bar, when the fight in earnest. He
admitted that after Phuger, Fisher
and all who We're in the sa-
loon, except O'Reilly, had gone out
he took the revolver from behind
the bar, and that O'Reilly attempted to
make him put it back. He replied that
he did not want 10 use it, hut that he
thought It was better in his pocket rather
than where somebody else could get it.
He put the weapon in his OvercOat side
pocket. In going out of the saloon
O'Reilly got out first and was seized by
MOehrke and held. AS the prisoner came
out he was knocked down aud kicked
about and badly bru sel. He
did not use the pistol, and could not ac-
count for its having got out OF his coat
pocket. unless it slipped through rip
while he was being beaten and kicked on
the pavement. The prisoner stated that
as soon as he and O'Reilly got to their feet
they went off together on the west side Of
the street, and finally sat down at the
corner of Perry and West Broad streets,
both being very tired. 1t was there that
POLICEMAN Spann came up and arrested
them.
OPENING THE ARGUMENT.
The defense closed at 1 O'Clock, when
Col. Lester opened the argument His
speech occupied about one hour in de-
livery. after which the court took recess
until 4 O'Clock.
Solicitor General duBignon opened the
argument on behalf of the State and was
followed by Hon. p. W. Meldrim. Both
arguments were a mastery presentation
of the case against the prisoner The
argument in behalf of the prisoner was
concluded by Capt. George A. Mer-
Ger a few minutes before 7 o'clock.
The jury was charged and retired few
minutes later to the jury room.
A MISSING WITNESS.
A witness named Carney was mentioned
during the trial as having been present at
! Moessner's saloon at the time the diff
Guilty occurred. He was not present at
the trial, and his testimony has not
been heard. A NEWS reporter was
informed last night that after
the murder Carney seemed cOnsidera-
bly, worried in mind. He was a drinking
man, and after the tragedy INDUCED to
excess. One day he was missed from his
position as driver of the Pulaski House
| bus, and it was reported at the hotel that
| he had left the city on a Northern-bound
steamer. He has not been seen in Sa-
vannah since.
The jury was still out at O'Clock this
morning. having up to that hour failed to
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