The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-02-17

go TO sleep and not m nd the mosquitoes. l
thought it was good idea, ana as Mr..
Wright was turning down the light } went
back and asked INN 70 fill the bottle with
his best LIQUOR. Two or three minutes after
MIR. Wright bid Us good night, first telling
me that 4 o'clock would be q good time 10
hunt turtles, or turtle e-gs, ] don't remem-
Der which, and ii he was lot 80 tired he
would like to 90 / asked him 20 wake NE
if he awoke; chat I had intended to go IN
bathing with . party early IN the
morning, bur If he woke me | would
20 turtle hunting. Smith sat down on
bench after Wright lett, and | stool with
my loot on the bench beside aim. We took
a drink out of the bottle. IN few minutes
be said Lets finish it," He drank first,
and drank il al after he drank. | thought
il was good idea for when the liquor was
gone we would 60 to bed. ] told hlm J was
going To bed He said: WHAT'S your
hurryW / told him my friend wasnoJ well,
and | wanted to be near her rs I ha from
ised to come back told him to go TO bed,
but he said he didn't want to wake Barney
Reyes He would want whisky, and would
be wild till he got it, lie didn't want to be
around when Barney woke up. told him
had "a party to stay by and was going
back. This was conversation OF ten or
fifteen minutes.
STARTED on STROLL
! then made move toward the stairs, and
he said, II think I'll take stroll" | tade
him good night and went up to Miss Fer
relPs room. 1t was unlocked. | looked
in. She had fallen asleep. | passed
out, went into my room, undressed
all but my underclothes and socks. and laid
down on the bed outside of the cover, the
boy sleeping under the cover on the other
side. Don't know how long slept, but was
awakened by hearing Maggie say some
thing about Barney KeyeS and mosquitoes.
| got up and Went to her room, thinking
Barney had got up out Of his drunken
stupor and gone into her room. asked her
what was the matter, and then Reyes began
cursing, using my name
The defendant here made a statement
similar to that OF the little girl, so nearly
corresponding to it that it would be almost
a repetition of her statement in all of its
essential points: also corroborating the boy S
statement about the whisk broom. ArrIv-
ing at Savannah be detailed the arrest and
denied the statement alleged to have been
given by him to Mr.. Weldon. He had
heard the rumor run through the boat of a
murder on the island when she touched the
wharf. The words "kiledn and Coroner
had impressed him when the officer told him
be was arrested by order of the Coroner.
He had said, I'm right this time. I'm neither
a murderer nor a rObber, and III make
somebody suffer for this. " He sent Maggie
to see the Solicitor General and to tell him be
was in trouble He didn't remember of telling
her to see Mr.. Richards. The shoes he wore
on Tybee island be SAID vera not sent to
him in the new jail as he bad been assured
they would be, SO that he could use them in
the trial He was handcuffed and couldn't
carry them himself. He repeated the story
of ordering the new shoes, and after having
talked earnestly and inpassionately for "a
minutes he concluded by saying, That,
gentlemen, is all of my statement
Mr.. Minis was then recalled and gave the
measurement of the diagram Of Cassidy's
foot taken in court and heretofore alluded
to. The length was ia inches; breadth,
9-16 inches.
Mr.. Minis to the Solicitor General-The
shoe Cassidy has on now is rot the same
shaped shoe as that measured at the bar
racks. That was not pointed shoe; the
toe of that shoe was wider. ! am morally
certain that it was a different shaped and
wider shoe.
AT this point the court took a recess until
$3.50.
In rebuttal the State called John Wright.
He stated that he had only spproximated
| the location of the point of struggle, and
where the body was found when Mr.
Beckett had come down o ask him TO point
| them out, to make his calculations of the
slope of the beach and tide calculations.
Officer O'Keefe, station house keeper, was
sworn, and testified that the shoes which
Cassidy had given him for the Minis meas
urement he had sent by coiored man. The
uppers projected over the sole, and they
were not sharp-toed, but were large shoe;
| with broad sole.
| Mr.. Warnock was recalled, but Mr.. Rich
ards objected to a repetition Of his testi
| mony-in-chief, and admitting that Wamocl
| had testified to what Mr.. duBignon sought
to call out again, the State excused the wit
ness. The State rested its case at 3:4.
! O'Clock.
THE STATES FERMENTATION.
Mr.. Richards said that the counsel for the
! defense desired a presentation of the Law
and facts which the Solicitor General woulc
rely upon to convict the prisoner.
| Mr.. duBignon said that aside from the
| physical effort, he did not desire to make
! two speeches. He gave a number OF
| authorities upon the principle of judicia
certainty under which a jury is allowed tc
act; also upon what ciIcumstantial evi.
dence. Among the authorities cited We're
70 Ga, p, 10Y; "a GA, p. $50; go Ga p. 255
the concurring opinion of Judge Jackson
! i'll the case of Shaw VS.. the State; 60 GA, D.
! 20; Parsons Criminal Evidence, pp. II. IA
| 40 GA 20 Gia. He said that he would claim
/
one, that dead body had been found on
the beach and identified; that an effort
was made to conceal the crime by carving
| the body out through the surf and deposit
ing it in the ocean TO be carried out to sea
! that the motive for the murder was plumber
| that the defendant was last seen with the
man in life; that the man heard rushing up
into the hotel was, by Mr.. McGowan's testi-
mony, the defendant; that the death of
Smith precluded the possibility of its being
him; that defendant on approaching the
city concluded that the presence of police
augured his arrest. which was con-
! seriousness Of guilt; that there
was no reason why the defendant
should have supposed they wanted to arrest
him before anyone else, and that this single
instance was from consciousness of guilt
that the defendant when told that Smith
was murdered would, had he been innocent
have adverteJ to the TACT of meeting him.
whereas no was silent about it. and claimed
not to know Smith, had never seen him and
wouldn't know him if he had seen him. The
significant absence of the shoes which
he was told would play an important part
in the testimony, and which ne had been adj
vised to keep were missing: That according
TO the testimony of Officer O'Keafe and Mr.
Minis the uppers of these shoes did overlap
the sole, aud were not the shoes shown to
Justice Alolina:
There said Mr.. duBignon, ARE the
main points occurring to me now
THE DEFENsE's ARGUMENT.
Col. Mercer-If the court please, Mr.
Richards will now S eak 70 the Jury.
4 ~ -f.1 a.. Il. -