The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-04-12
AN ALL NIGHT TRIAL.
THE BUTTIMER CASE GIVEN TO
traE JURY AT 100 THIS MORNING.

T16 testimony IN Iue 4TldA VI ha6urtCS
Buttiner For Assaulting With Intent
to Murder Policeman Patrick Nc
Murray-The Effort to Prove That
Barrett Stabbed the Oficer-The
Trouble at East Side Mission and
the ARRAY in Goss' Store.
The court room was well filed yesterday
at the Buttimer trial in the superior court,
but the rule was enforced that all should be
seated during the day, and the attendance
was therefore limited to the seating ca
pacity; but last night after supper, when
the argument was begun, the restriction
was removed, and the court room was
packed, the crowd overlooking into the
lobby. Standing room was at premium
until midnight, when about half those who
had been unable to obtain seats left after
Mr.. duBignon had closed his speech.
Solicitor General Fraser, in half hours
speech, outlined the argument he would rely
upon to convict the prisoner, and he was
followed by p. J. 0'Connor, Esq, for the
defendant. Mr.. OConnor spoke for an
hour and half Mr.. duBlgnon began TO
address the jury at 20 minutes TO 10 O'clock
and in a powerful speech, lasting until
midnight, he pleaded for acquittal, his pero-
ration being an allegory from the German.
which he presented TO embellish his appeal
for mercy.
AN ALL-yIGHT TRIAL.
At midnight Solicitor General Fraser
began to sum up for the state and spoke
until o'clock this morning. He was par
ticularly severe upon the witness Brown,
whose testimony he charged was false in
every particular, and he limited at pur-
chase. On the evidence Of the other wit
nesses Mr.. Fraser held that Lone other than
Maurice Buttimer could have done the stab
hing. There was no attempt at oratory in
the solicitor generals speech. but without
sophistry he analysed tho evidence for and
against the state 20 the conclusion that the
defendant did the stabJing.
The charge of the court consumed nearly
half an hour. and was considered a fair one,
but as he failed to charge altogether as the
counsel for the defense desired on the ques-
ton of justification the case will no doubt,
be appealed in the event of verdict of
guilty. The jury retired at 80 o'clock
this morning, with very little likelihood Of
averdict before to-day.
GETTING THE JURY.
The case was called at 10 o'clock in the
morning, and it required nearly an hour in
getting jury. -Four panels Of twelve each
secured, the forty-seventh man, Henry
Patterson (colored) completing the jury.
The defense objected to sixteen persons.
eight were objected to by the state, ten
either had bias or had expressed an opinion,
and one was excused on account Of defective
hearing.
The following composed the Jury, in the
order which they were accepted:
A. Morrel tcol), Chas E. Younge,
Hugh Coleman, Henry W. Butler.
Louis B. Glover, Thomas Gamble,
II. A. Charlton, A K Desverner (coll
Oliver G.. Ryan, Edward j. Thompson,
John j. Bolan tcol.) Henry Patterson (col)
STARTING THE CASE.
When the jury had been sworn. Solicitor
General Fraser read the Indictment against
Maurice A. Buttimer for assault with intent
to murder Patrick McMurray The instru-
ment included the names Of the CO
defendants, Buckley, Lovett, and Barrett.
and Mr.. Fraser stated that the ONLY
defendant on trial was Buttimer.
the principal in the first degree. The
solicitor general read from the statute de-
filming murder, stating that If the state made
ont Its case 1t must show that IL McMurray
had died of the wound it would have been
murder; that malice, express or implied
must be shown, and that the state would
not only show implied, but also expressed
malice.
Mr.. Fraser was about to detail to the Jury
the line of evidence which would follow.
when Mr.. duBignon invoked the rule as to
the sequestration Of the states witnesses
and Mr. Fraser invoked the rule as to the
witnesses for defendant. All Of the wit
nesses in the casa except McMurray
the prosecuting witness, were required to
leave the room, after which Mr.. Fraser
resumed his preliminary presentation of the
states case, at the conclusion of which
Policeman McMurray was called to the
stand.
MMURRAY on THE STAND.
The evidence direct Of McMurray was
to the effect that on Sunday Dec. 10, 1899.
1889, he was detailed by the mayor TO go to
the East Side mission and preserve order.
as there had been complaints that the re-
ligious services had been disturbed aud
that while there some young men mad re-
fused to move off when ordered to do so.
and he took one of the party, a Young
man named Kehoe, to the barracks. But
timer, he said, encouraged the disobedience
of orders TO move on, saying that he had
money to fee lawyer, and he followed the
officer and Kehoe to the barracks where
McMurray put charge Of obstructing the
sidewalk against him. In the mayors court
the following morning Buttimer stated in
open court that McMurray had been acting
from prejudice against him, and was try
ing to break up the crowd, but that before
hc CoAku DNcdh up Tue crowd imeaulnQ the
crowd that gathered in front of the missiopl
they would do him up. Shortly after 9
o'clock that night the witness, who was then
off duty, in citizens clothes, left Miss
Prenty's home, where he had been calling.
on McDonough street near East Broad. and
as be came out of the door he saw Buttimer
and other young men across the street near
McDonough and Ballantynes foundry.
BUTTTMER's THREAT.
Buttimer yelled out, "There goes the
drunken Policeman let's go over and kick
the head off the - -W McAfur-
ray told Miss Prenty, who had accompanied
him to the door, to go in the house. as the
language was not such as she should hear.
and she went back in the house McMur-
ray then went down the steps, followed by
buttimer, who sought to provoke a quarrel
with him. McMurray repeatedly told him
that he didn't want to have anything to
do with him, as he was in a
hurry to report at the barracks at 10
o'clock. When McMurray turned the corner
of McDonough and East Broad streets
Buttimer rushed up and threw his hand back
Of him, when AfcMurray struck him over
tie head with a light raw-hide walking
cane. The officer then went TO Mr. Mona
haas, near by, and found the door closed,
and started back up the street, Burtimer
Inv -