The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-11-23
NORTON ASKS FOR BAIL.
THE GROUNDS UPON WHICH THE
APPLICATION IS MADE.

III Health and Probably Sickness from
Confinement in Jail the Basis of the
Appeal-Affidavits from Norton's
Father and Dr.. Chisholm Submitted
to Judge Falligant-The Case to be
Heard Next Saturday.
The counsel for Ro5ert g. Norton, Jr,
made application to Judge Falligant yester-
day morning for bail for their client, and
presented two affidavits in regard to the
effect close confinement would have upon
Norton.
One Of the afidavits is from Dr. r. g.
Norton, father Of the prisoner,
and states that his son has been
troubled with weak lungs, and threatened
with consumption since childhood. DR..
Norton further declares that Bob" has
been frequently i'll and often treated for
this disease; that he recently had a severe
attack of pneumonia, and Is now suffering
from lung trouble. Consumption, he says,
Is hereditary in the family, ard DR.. Norton
feels satisfied that confinement in jail for
any length of time will Kill mis- son.
DIR. CHIsHoI.M's STATEMENT.
The other affidavit is from DR.. T. Is.
Chisholm, the jail physician, who states
that he has examined Merton and found
that he has weak lungs, and shows
tendency to consumption. DR.. Chisholm il
OF the opinion that confinement in jail will
seriously imperil the health Of the accused.
Solicitor General Fraser, who has been
attending the Liberty superior court all the
week. asked for time as he desired TO get
Col. Edward Bird, uncle Of the murdered
men. to cone to Savannah, and he thought
he might want to submit some atfidavits.
TO BE SETTLED THIS WEEK.
Judge Falligant granted Solicitor Frasers
request, and set the hearing Of the petition
for next Saturday at II O'Clock.
The petition for bail was presented by
Judge Adams, and is as follows:
That, at the recent term Of the superior court
of Efingham county, converting on Nov. 10.
acknowledgements were found charging Robert
q. Norton, Jr, with murder, the indictments
being founded upon the homicide OF William L.
Bird and John W. Bird, which occurred In
Bingham county July II. 1890 And your pc
titoner shows that after said homicide he left
the state of Georgia, and he was induced to this
course by the high state OF excitement which
at that time prevailed in the county, and
by his belief that he would thus subserve the
public peace and tranquility; that at no
time has he ever contemplated evading a
judicial investigation OF the facts connected
with said homicide. but that, on the contrary
1t has always been his purpose to present him
self and answer any accusation or indictment
that might at auy time be preferred against
him: That in pursuance of this purpose ne did
on the 10th day of the present month, volun-
tarily deliver himself 10 the custody of the
sheriff of this county, and has since
that time been confined in jail
And your petitioner here solemnly afhrms
that he is not guilty Of the offenses charged
against him, nor of any offense in connection
with said homicide, and that he asks only fair
trial by an impartial jury of his oountrymen,
confident of his innocence and his vindicaton.
And your petitioner now prays that your honor
will grant an order admitting him to bail and
directing his release from custody upon the exc
cution OF such bond for his appearance 10
answer to said indictments as TO your honor
may seem proper"