The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-12-17
GUILTY BUT NOTToHANG.
DICK DAVIS CONVICTED OF THE
M0RDER OF SALLIE Smith.

q
IA last, in house on Springfield plantation,
was convicted in the superior court yester-
day afternoon Of murder, and was recon-
mended to Imprisonment for life. He was
defended by William Pease, Esq.
A jury was selected without much trouble,
the state striking but one juror, the dsfenss
eight, and three going of on account of
being opposed to capital punishment. The
following are the names Of the jurors:
VIM. J. HartY, Jr, Fred H. Jachens,
w. 8. Pembsrton, James Miller.
w. L. Mingledorf, John Quint Jr.,
Isazc Roos, Robert L Royal,
James Bennett, James N. McCosker,
Randolph Paff, Thomas B. Jenkins,
WITNESS OF THE MURDER
The first witness introduced by the state
was Daphnsy Roberts, who was talking to
Sallie Smith when she was shot. The Rob
erts woman testified that between and 10
O'Clock on the night Of Aug. IA Sallie Smith
and herself were in the house converting
about Dick Davis having ravished his sisters
child Sallie said that the act was as low as
a dog would do, and almost at that moment
she heard shot. Sallis screamed and fell,
and DaphDey ran into an adjoining room
TO wake her husband She fouad her hus-
band up, and called to him that Sallis had
been sho. and nobody did it but
Dick Davis. The back door of the
house was open, and the Roberts woman
said she was satisfied that the gun had been
fired from the outside She also testified to
having heard her husband call out to some
one in the yard. That's all right, Davis;
know you"
THE MURDERER IDENTIFIED.
Giles Roberts was then out upon the stand,
and il was his evidence which consigned
Davis to the coal mines for life. He
testified to having heard the noise
outside. and jumping up ran to
a window and threw it open. He saw
man, whom he recognized as Davis, run
ming across the yard with gun in his
hand, and he called out TO him: That's all
right, Davis; know you," Immediately
after which Davis climbed the fence and
escaped. Roberts said that he started to
follow Davis, but, on second thought,
changed his mind, as he feared the muir
derer might do him as he had done the Smith
woman.
POSITIVE IN HIS IDENTIFICATION.
On cross-examination by Mr.. Pease.
Roberts swore positively to the identity of
Davis, and said that he could not be mis-
taken, as the electric light was shining full
upon the prisoner, and he recognized a
y
Mr.. Pease asked Roberts how far he was
from Davis when he saw him running,
and Roberts replied about thirty
five yards. Then Mr. Peass
inquired from Roberts if he kne " how many
feet it took to make a yard, and was
promptly told three. When asked how many
feet were in thirty-fve yards Roberts said
he could not tell him without figuring it, as
he did not have the advantage of "a college
a1r iNb rlr Law.
able amusement.
Policeman Brantley was put upon the
stand and told the jury how he Dad captured
Davis in the house Of his brother, about
half mile west Of the city. on Sarah street.
crouched on some boards between the roof
and attic.
| AN ATTEMPT TO PROVE AN ALIBI
After Officer Brantley's testimony the
state rested, and the defense undertook to
| prove &C alibi, which resulted in a failure,
as not one OF the witnesses called knew
| anything of Davis whereabouts GA the
| night of the murder
| Louise Butler, a colored woman put up
| by the defense, became quite excited under
| the cross examination of the solicitor
general When he asked her how she could
| distinctly remember certain days of week
and not be able t. recall the month, Louise
SAID she guessed she could tell him if she
had time to study; that she was no fool.
She wound up her remarks by saying:
"Yo'se been fesdin' me up 81 al to make me
| tell a story which caused loud laughter
from the crowd.
| DIDN'T KNOW ANYTHING.
Betsy Walker, another colored woman
called by the defease, was indignant at
being brought to court, and said she didn't
'know q Christ ting about dat man.
| When told to go, Betsy made a run for the
door. expressing her dissatisfaction in quite
an audible tone.
The entire testimony offered by Attorney
Pease amounted to nothing but prolonga-
ton Of the case for over an hour.
Davis went on the stand TO make a state
ment, and appeared to be very nervous,
aud sighed several times while awaiting the
return of Stenographer Cam, VINO had
stepped out for few minutes. The state
| ment was as follows: 'Ab)ut the killing |
know nothing, and the frs [ heard of il
was when policeman arrested me. | never
carried gun, pistol OF knife in my life, and
did not leave NJ. Roe's place where | was
working night or day during that week
until Saturday night. VINE n | wanted tC
come to town"
ATTORNEY PEAsE's PLEA.
Attorney Pease spoke in defense Of Davi,
about half an hour. IIe tried to impress
the jury with the innocence of his client
clsirniug that he had proven abb, and that
the state had failei to make out it's case be-
yond reasonable doubt. Mr.. Pease
thought, under all the circumstances, that
Davis should be acquitted, and as ked the
jury 50 to do.
Solicitor General Fraser addressed the
jury only ten minutes. He told it that I'm
der the law either of two verdicts could bt
rendered in the csse-guilty of murder OF
not guilty. There was no reducing of thu
crime, the solicitor said, and the jury only
bad the right to convict or acquit. Mr.
Fraser made splendid srraigRment for thu
state and asked the jury to find Davi
guilty, as TIE evidence of Giles Roberts wa;
most convincing and conclusive, and the de
fense had utterly failed to break It down.
Judge Falligant's Charge consumed
twelve minutes, and the jury retired to it
room at 2:4A o'clock, after which the cour
ordered q recess Until 4 o'clock
THE JuRY's VERDICT.
The jury agreed in about forty-6ve min
utss, and When court reopened at 4 o'cloci
the room was crowded with both white anC
colored people. Davis was brought out o
the sherifs room to await the verdict, anC
appeared to be laboripg under considerable
excitement. As he sat down by his oounse
he sighed audibly, and as the jury filed int
| rha how ba Aa