The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-12-24
SHOOTING At WEIR

/ SHOOTING AT WEBB.
81 then slipped int aroom, and they began
firing at me. l grabbed up barrel and
held 1t in front OF rue. They shot until al
the balls were gone, and then went away.
One OF the balls struck me under the eve.
and my coat was cut. My eye was swelled
a great deal and was bleeding very much.
1 went out in the road and laid there for
about quarter of an hour, until some
boys came along and helped me 60 Jack
Gadsden's house, where laid for about a
half hour, and then went home. My eye
bled so that i had TO change my clothes
twice. could not work for three weeks,
and was in bed steady for three days.
never saw Hill after that until the
day | killed him, and thought he had left.
| Mr.. Wiukler said that the next time Hill
got me be would likely kill me / was
worried with fits more than ever, and had
several after was shot; one the night be-
| fore killed Hill.
WEBB DESCRIBES THE KILLING.
'On that Friday morning, between 10
and IL o'clock, went to the station, aud
| told my wife, who was confined at the
time, that would get her some sugar. As
| got to the bridge between the Montietn
and Augusta roads l saw a crowd standing
around and going on to Keller's store
J saw Hill with pistol, and he
pointed it at me aud said: There's
John webb, the - shot him three
weeks ago and did not kill him, but will
do it now One of the gang grabbed him
| and told him not to shoot me. l was very
frightened then. and Hill said that he
would shoot me before he left. After that
l went out. Ireasoned that this man has
shot me and did not kill me, with Gods
mercy, and | said he is going to kill me, al
though did not do anything. thought
had better get gun and kill him. / went to
loo Ill.,, Il -. L.
told me that his gun was not at home but
at the station. told him that the man who
shot me was down yonder and said he was
going to kill me. He has made three
attempts TO kill me, and | am going to get
him, or he is going to get me. l thought l
had the right to kill him. heard that he
was tad man and was frightened. Bluman
said had right to defend myself, and
If he was me he would go and get the gun
and not ask anybody about it. | was told
that Hill was at Lizzie Thomas house, and
went over there. He was lying on the floor,
and l shot and dubbed him. [ then went
to the house of Stephen Thomas and told
him about it. l said was going to the law,
and see if I wasn't right. didn't consider
that had done anything wrong"
DIR. wEGEFARTH's TESTIMONY.
DIR. Wegefarth was called by the defense
as an expert on insanity, and in reply to
questions by counsel he said that he did
not consider a man suffering from epilepsy
responsible for his acts or capable OF dis
tinguishing between right and wrong for
some time after recovering from an at
tack.
The counsel for the defense then asked
DIR. Wegefarth what he thought of the
mental capacity of a man who had been
confined TO his house by an injury for
several weeks. without proper medical at
tentlon, and during that time suffered
frequently from epilepsy. DR.. Wegefarth
said that such man, in his opinion, was
temporarily deranged and not capable of
distinguishing between right aud wrong.
Solicitor General Fraser called four white
witnesses in rebuttal, Dover w. Keller.
Paul Keller, Van r. Winkler and man
named Hester. All testified that he was
above tho ordinary negro In intelligence,
and Mr.. Winkler said that he had always
considered Webb an unusually bright and
intelligent colored man.
THE ARGUMENTS.
Solicitor General Fraser opened the ar
gument for the state by stating the points
of law under which he expected verdict of
conviction.
George A. Mercer, Jr., followed for the
defense. He pleaded with the jury to
acQuit Webb on the ground that he was the
victim of a terrible malady and had become
AIOlll II, duu WAS TO
distinguish between right or wrong. Mr..
Mercer also laid particular stress
upon Webb's previous good character,
ana asked the jury TO take
into consideration that they were not try
ing hardened and desperate criminal, but
man who up to the time he became in
volved in the trouble with Hill was peace
able. orderly and law-abiding. During his
argument MIR. Mercer read from many
l11ndInol ay1th nd al
the effect of epilepsy on the brain.
j. Ferris Cam, Esq, closed the argu-
ments OF the defense. He claimed that
Webb should be acquitted under that part
OF the code which covered justifiable homi-
eide. Mr.. Cam made pathetic appeal to
the jury about the fact of Webb having a
wife and small family, and asked the jury
men to give Webb his liberty and present
the wife and little ones with the greatest
Christmas present they could ever receive,
the life OF the husband and father.
THE STATES ARRANGEMENT.
Solicitor General Fraser spoke about
twenty minutes and ridiculed the idea of
insanity. He claimed that Webb had
shown an abandoned and malignant heart,
and that the crime was as atroclous as had
ever been committed in Chatham county.
Mr.. fraser said he sympathized with any
unfortunate who had placed himself in such
pOSlUiOD. IL jurors, however, allowed
their sympathies to get the better Of their
oaths and judgments, criminals could never
be convicted, and no justice would be melted
out. He closed by asking for conviction
as charged in the indictment
Judge Falligant's charge consumed about
fifteen minutes, and was clear and impair
tail. He read all the law covering justifia-
bic homicide and insanity. as requested by
the defense.
The jury retired to their room at 7:25
O'Clock, and at 8 o'clock brought in YER
dict of guilty. Webb did not seem at all
affected at the words which consigned him
to die by the rope and did not appear to
realize mis- awful fate any more than he did
the enormity of the crime which he will
expiate.
THE DEATH SENTENCE.
Judge Falligant ordered Webb to stand
up, and asked him if he had anything to
say. The prisoner mrmbled out some words
in low tone about thinking he was justi-
| fed, after which Judge Falligant gave him
brief lecture before pronouncing the fatal
words. He told the prisoner tnat while he
| sympathized with him in his trouble, yet he
considered the verdict just and proper one
under the circumstances of the case He
advised him to make good use of the
short time left him on earth. Judge
Falligant then sentenced Webb to be
hanged by his neck until he is dead, in the
1 49, nn ID H.