The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-11-30
NORTON NAY GIVE BAIL.
JUDGE FALLIGANT FIXES THE
AMOUNT AT $4,000

The Condition OF Norton's Health One
Of the Grounds for Permitting His
Release on Bond Tn Esd nee AT the
Hearing Of the Application-The Bond
hot Yet Made Up.
Robert 6. Norton, Jr. We granted bail in
the sum Of $1,000 yestsr.iay morning. by
Judge Failigaut at the hearing set by the
application of Ncrtons attorneys.
Norton was reDresentcl by his counsel, s. 3.
and A. 2. Adams, Capt. !. q. Clark and II. Z.
WIlsoa, ESQ. p W Mel Trim Esq, co-ops -ated
with Solicitor General Fraser in b.half Of
the st te. BOZ" Norton was net present.
DIR. R G. Norton, his father. ID several
friends We're there. Col Edward Bird
srd number OF friends of the Bird brothers
were down from Efingham.
II. L. Wilson. ESQ.,, read the application
tr bail ami the aftidavits Of d.. Norton
auo or. Chisholm as 10 the condition Of
young Norton's health. Several afhdavits
were read from citizens OF Enngham
county, bearing UPON circumstances pre-
cedinz the killing, going 70 show thai the
BIRDS were in eu lntox icat5d condition
shortly previous to the killing, and that
Norton had evidently acted on the defens-
I've The most important Of these were
from Burton B. Grlf1iths and Bsnja min
Flood, two members OF tbs coronsr's jury
that held the inquest upon the bodies Of
the Birds.
TIE JURYs VERDICT OPPOSED.
The affidavit decla ed that the jury was
unanimous IN its finding = jusuifiAble homi-
eide in the case OF tn rilliug # William u.
Bird, the first nlau killed, and that in the
case OF tie killing Of John ". Bird the Jury
was divided IN opinion as TO whether the
killing was uni lsiihab.e or justifaile homi-
eide. the poll II the jury beng I 10 3 in
favor of the verdict homicide, aad the
minority agreed to this verd ct reiuclaa ly.
The affidavit stated further that the de-
ponents believed too tragedy to have
been the result Il the lawless conduct Of the
Birds, and that NOrtous action was IL
defense OF his home aud family, ANA that
they believed from the POSITIONS Of the
bodies that tie Birds wore tbe aggTepsors,
and Norton acted in the defensive. They
believed, furj her, that Nort0n's action in
leaving the county was justified by the eX- !
citemsnt prevailing, and was only prude t. |
ANdRvIls were submitted from eX-
Sheriff L. b Smith of Eldngham, w. T. |
Archer (coloredl aud henry Jones lcoloredl. |
stating that they mot tho Birds on their |
Way t. NortOn's h0u 'e that they bad jug |
4 whisky with them and that they we're /
'lHfier the Influence # liquor n = that they |
.o1j3 rash statements az their Intentions. |
"a lax that they YOU'D have back their
.,..e AZ all haZaris
FOUND BIRD 5 PISTOL.
An affidavit from ". n. Blanton stated |
70 he was convinced that William Bird
So q pistol in his hand when he was scot,
i,r. eeapon being found about eight feet
HoGn his body.
oiIctor General Fraser and Mr.. Mel
l,t,n requested that 3 weeks time be given
t.em in which to meet the aflidaYits. Messrs
Adams argued that the object If deten-
ton of an accused in Jail was to secure his
attendance at trial. and that Norton had
shown his desire and intention Of standing
trial ~ returning, when no was safe from
apprehension, and giving himself up for
trial.
Judge Falligant decided that bail YVES
admissible. and he agreed to fix it at So 200
in each case. The bend had not been ade
up to a late hour last night. and will
probably not be made until some tirle To-
morrow. The bond is large, but " i'll doubt
less lie give1.
The bond is subj ct TO the approval of
the solicitor general AMI the sheriff, and
1uit be accepted by them.