The morning news., 1888-05-27
NO HOPE FOR CASSIDY.
JUDGE ADAMS REFUSES TO GRANT
A NEW TRIAL

The Tybee Island Murderer to be
Taken to the Mines Unless the Su-
preme Court is Appealed to, and that
is not Likely-Insuflciency of Evil
dence the Ground of the Amended
Motion for a New Trial-Judge
Adams Decision.
The motion for new trial in the Cassidy
case was denied by Judge Adams in the
y Superior Court yesterday, and the Solicitor
General took an order setting aside the
superedeas, so that there is nothing stand
ing between Thomas Cassidy and life labor
in the coal mines, except that counsel for
the prisoner might interpose an appeal to
the Supreme Court on writ of error, and
this last straw is not likely to be resorted
to.
The crime for which Cassidy was con-
victed was for the murder of George Smith
on July l3 last, on Tybee Island. The cir
cumStances surrounding the crime are
familiar to the readers Of the MORNING
NEWS The evidence was wholly circum-
stantial Cassidy was the last man seen with
Smith Some time between l and o'clock
of the morning that Smith was killed he
and Cassidy were left together, talking of
a turtle hunt by moonlight on the beach.
Shortly after sunrise Smiths body was
found on the beach, bearing evidence of a
death from violence, and there we're marks
of a struggle in the sand above high tide.
There were also indications that the body
had been conveyed to the waters edge and
carried out waist deep In the ocean, but the
recediug tide left the victim on the shore.
Smith was known to have large sum of
money on his person, and none was found
with the body.
CASsIDY'S ABLE DEFENSE.
Col. George A. Mercer and r. R. Rich
ards, ESQ.,, were assigned to Cassdy's
defense, and his defense was able and inge-
NOUS. The case was tried in February, but
the jury believed from the evidence that
Cassidy was guilty, and so found. recon-
mending him to the mercy of the court.
The sentence which followed was life i'm
prisonment The prisoners counsel imme-
diately moved for a new trial, and the sem
tence was suspended pending the hearing of
the motion.
Meantime a very vigorous effort was
made to discover new evidence tending to
remove the suspicion of guilt from Cassidy,
and the latter was urged by a few friends
TO so conduct himself while in Jail as to
recommend his case to a cooler considera-
tion of all the facts upon which he relied to
strengthen his case. lnlS ADVICE the
prisoner listened to with apparent interest
and with promises of subordination and
good conduct, but he violated his pledges,
having already been Involved in three des-
perate efforts to break jail, in one instance
making a deadly assault upon his guard,
who is yet unfit for duty owing to injuries
received at Cassidy's hands.
THE MOTION FOR A NEW TRIAL.
The hearing of the motion for new trial
was set for yesterday morning in the Supe-
rior Court. Mr. Richards for the defense.
spoke very briefly and within the compass
of five minutes. He stated that when the
original motion had been entered he had
relied somewhat on the discovery OF new
evidence favorable to the prisoner, but that
he now rested his motion on the ground
that the evidence upon the trial was not
sufficient to warrant the jury in it's verdict.
Upon this he submitted the motion without
argument.
The Solicitor General handed the court a
brief, and Judge Adams, in receiving it,
said that he would render a written decision
before adjUurning the court for the term
At 6:3O O'Clock last night the court re-
convened Solicitor General duBignon was
present but CaSsidys counsel were not. The
court denied the motion for a new trial, and
Immediately after the filing of the Judges
decision the Solicitor General took an order
Getting aside the supersedeas order, granted
in February, staying the sentence Of the
court. so that Cassidy is now ready for de-
livery to the penitel eltiary guard upon appl-
cation. The following is the full text OF
Judge Adams decision denying the mo-
tion:
JUDGE ADAMS DECISION
In the Superior Court Of Chatham county:
State VS.. Thomas Cassidy Verdict guilty, with
recommendation for mercy. The trial in this
case, patiently and carefully conducted as il
was, has so resulted as that no exception is
made 10 any ruling of the court
That the verdict is sufficiently sustained by
the evidence and that no cause exists which
would authorize its disturbance, we cannot
doubt
All the rights which IN impartial law grants
10 every Citizen and all the advantages which
the most fortunate may command, were ac-
corded this defendant.
Impressed as we're with the gravity of this
cause. We sought, in behalf Of this prisoner, the
services Of two Of the most distinguished mem
bers of this bar. Their prompt compliance
with this inqusition. the zeal aud ability dis
played in the examination Of the delicate and
responsible duty thus imposed not only reflect
credit upon them, but high honor well upon
the profession TO which they belong.
We are clear that it is our duty to overT-ule
this motion for a new trial. IL is so ordered
GEORGE CH- GHM[lNDEN DEAn