The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-01-10
wRANGL1NG OVER EVIDENCE.

argument followed on an objection by Mr..
/ duBignon against the admiss bility of evil
dence without it would bear some analogy
aud reference to the crime charged. Quite
a number of authorities were cited, and
Mr.. duBgnon argued that character had
nothing to do with the case il the defense
expected TO rely upon the claim of justif-
able homicide. Mr. Medium answered
holding that the previous character
of tho defendant as to whether he
was a vicious or quarrelsome man was
both relevant and admissible. Mr. Lester
held that this character Of testimony would
illustrate the vital and material interests in
the case. That TO establish murder it must
be SD Jwn that the man charged has an
abandoned and malignant heart, and the
defense has the right to show to the con-
trary.
The court said that the testimony should
not be unduly restricted. II is competent
to show by evidence the general character
of the defendent if he is poaceable or not,
law-abidiug or not, upright or otherwise,
and whether vicious or good.
Mr.. G. w. Smith then resumed his
testimony. He had known the prisoner
since the latter was a boy Of from
5 to z years of age and up to
about seven to ten years ago when he left
Tattnall county. He never knew a quieLer
man, nor one more peaceable. The prisoner
Ld4 bbC1 a gOuIE llldu no always dbbtIlQcu
to his bust ess, was stric1y upright il every
respect, and he never heard OF him having
had quarrel Young Smith was reared
on farm near Reidsyile and he was
always punctual at w rk ana a stay -at-home
boy. The witness was not cross-examined.
TEN YEARS FROM TATTNALL COUNTY.
J. 7. Mattox of Tattnali county, lives
within two miles of the Smith homestead,
and has known Smith since childhood He
was an exceptionally good boy, and an
exceptionable young man. He had few
superiors in the line of uprightness, and he
never learned Of any yiclousness on the
prisoners part.
On being cross-examined by Mr.. duBignon
the with, IS said that Smith left Tattnall
county about ten or twelve years ago, about
the time of his marriage, going to Darien
and afterward coming to Savannah.
John w. Sykes of Tattnal county, sworn,
said that he had known Smith since his
birth. He never knew be ter boy reared
in Tattnall county. Never knew him to
violate the law. He was always peaceable,
truthful, staid at home and attended closely
to his business. From Reidsville he went
to Johnson's station, No. A. on the Savan-
nah, Florida and Western railway, and
thence to Daren and 6fterward to Savan-
nah He had frequently met Smith on his
visits back and forth to his old home, and
had heard nothing against him except the
trouble he is now in. The witness was not
cross-examined.
H. j. Lse, clerk of the superior court of
Tattnall county, said that he had been the
playmate of Smith in childhood and the
two were schoolboys together. He testi-
fed to Smith being peaceable, law-abid
ing aud upright man. He had learuel
nothing since defendant removed from
Tattnall county to lead him to form any
other conclusion. On cross-examination
the witness said that Smith left Tatnal
county about ten or twelve years ago aud
he had seen linn but once during that time
john Hewitt, school commissioner of
Tattnall county, and to whom w. p. Smith
went to school from 1861 to 1878, said that
he had known him twenty-one years | st
June; had boarded at the house of defend
ants father. There never was more
peaceable boy, be said, and he had more
mauliness of character than any boy he
ever knew and above the average of
patience.
SMITHS PARENTS HOT TEMPERED
In fact the witness said that Smiths
parents had moro temper than the son, who
would bear Il great al, and he was often
surprised at his wonderful patience, but
when arous ed he was mad all over He was
never il broils or turmols, but bov who
loved home and staid there, and as free
from viciousneSs as any boy witness ever
knew
To Mr. du Bignon; Defendant went to
school to mo part of each year from 1857 to
1913. He could bear more than most boys.
but when aroused W 9 mad all over. |
don't think the defendant has been gone
from TaCtnall county over eight or nine
years.
John NJ. T0otle was a schoolmate of de-
PENDANT, and testified to his good character,
peaceable disposition and uprlghtnesS while
growing from boyhood to manhood and
that he aS seen him two or thres times an
Duaily since he removed from Tattnall
county, and had heard nothing to change
his estimate Of his character.
Judge Williams, judge of the Tattnall
county court, merchant and planter,
has known Smith since tho spring Of 1864.
and he said: II must say | never knew
boy or young man who had better character
for peace, aud mover knew a quieter and
more upright man.
Hon. J. p. Brewton, representative from
Tattuall county, testified to the good char
acter OF the prisoner. On being cross
examined, he said that Smith had been ont
OF tae county eight or tea years, and that
all Of Smiths family are people Of good
character.
Mr.. II. j. McGee, of the Redsville bar.
said that Smith was an exceptional boy,
and the best YOU 6 man witness ever knew.
The witness said he had never heard a de-
rogatory word a!n=7-25Iendant, and when
there was anything that could be said
against anybody in Tattnall county every
body would soon know it.
T. J. Fletcher of l. berty county testified
in similar manner. Judge Parker of
Liberty county also gave the defendant a
good name.
HIS BUSINESS CAREER.
j J. Easterling, a merchant at Reds
vile for twenty years, obtained the position
for Smith with II. A. Well & Bro, at
Darlen. Mr. We'll bad asked him to recon-
mend some good youag man from the couu-
try, and having known young Smith for
twenty years witness had recommended
defendant. 81 never knew a better Young
man in my life the witness said of Smith:
never knew of him to have a fuss or quar-
rel in my life; have seen him frequently in
Savannah since, and everything in his char
actor has proved what | recommended him
to be-
John Miller, who Is connected in the mer-
camille business with Henry A. Well IL
Bro. at Darien, was connected with the
firm when young Smith set in with the
house in charge Of tho tariware de art
me 10 Oct 4, 1850, and knew hlm unit. Jan.
/, 1881, when ne removed to Savanna.
When Mr.. Meldlm asked the witness it be-
considered Smith vicious man, the old
gentleman answered with evident irp7-
tience: ~ have just been telling you
never saw more psacoable mau IN my
lfen