The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-03-14
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and ears set close up to his head, was the
/ principal witness for the defense. Grit1a Is
| the boy with whom Rhodes had the diff
Guilty which finally caused his killing. He
described the trouble between himself and
/ Rhodes about the lattsr's getting 10 cents
worth of ham on credit, and how Ark
| wright and Rhodes began Co scuffis Griffin
said that the latter threw his hand toward
bis back pocket, and he then ran out to the
other room TO call Arkwrights wife, when
he heard the shot
On cross examination by Solicitor Gen.
eral Frazer Griffin said he saw no pistol
with either Rhodes or Arkwright, and
when he left the room both men had fallen
| to the floor, with Arkwright on top. He
denied Wallace's statement about Rhodes
| drawing a pistol and swapping it at Ark
wright, and said il such a thing had hap
| pened he would have undoubtedly seen 1t.
ARKwRIGHTs STATEMENT.
The prisoner was next put upon the
stand and made a statement which did not
at all fit with the evidence Of the witnesses
for either the state or defense. He said
that when he heard the dispute between
Rhodes and his clerk he was in the back
room and came IN and remarked: "See
here, my friend, you'll have to keep quiet,n
TO which Rhodes replied: "What in the -
have you got to do with it." Arkwright
said be told Rhodes that as he was the pro-
prietor Of the place he guessed he had every
thing to do with the affair. He claimed
that r nodes then cursed and grabbed him
by the throat, at the same time throwing
his hand into his hip pocket for a pistol,
which be saw shining. Fearing that he was
about to be killed, Arkwright said be threw
his arms about the other man aud Rugged
him to keep his hand in his POCKET, after
which he dragged him to the showcase, where
he secured his own pistol and pulled down
on Rhodes. As the latter ran he followed
him for fe r he would turn around and try
60 shoot him. He said he didn't know at
the time that he had shot Rhodes, and denied
emphatically that Lewis took the pistol
from him, claiming that be gave it up vol
unfairly without any struggle. He also said
that Lewis took Rhodes pistol out Of his
pocket,
TALE PARTLY TOLD.
Arkwright carefully avoided telling any.
thing about bis being pulled from under the
house. and was extremely anxious to i'm
press on the minds of the jurymen that he
wouldn't have harmed Rhodes only that he
feared his own life was in danger.
The state called Lewis in rebuttal TO dis
prove Ark~right's story, and Attorney
Morgan Immediately objected, because the
witness had not cen sequestered during
the prisoners recital. Judge Falligant,
no GeVer, ovsrruled the objection and said
the evidence as admissible. Lewis denied
that he had taken any weapon from Rhodes,
nor did he sec him have any. He also de-
MED that Arkwright had given up his pis-
toll voluntarily, and in support of his state
msnt about the struggle showed the soar
on his thumb where the hammer struck
him. At the conclusion of Lewis testimony
both sides rested, and an adjournment was
taken until O'Clock.
THE ARGUMENT.
Tba "a al Oh
and a half. Solici or General Fraser
opened by stating TIE points Of law and
fact on which he would ask the jury for a
verdict Of murder, and he was followed by
Attorney Morgan In a speech occupying
nearly an hour. He reviewed the idence
and claimed that it had been clearly proven
a case Of self-defense. The theory advanced
by the attorney was that Rhodes
had pistol in his pocket, which caught in
the lining when he tried to pull it on Ark
wright, and the latter only fired when he
thought his life was ia danger, as any rea-
sonahle an would have done M Morgan
asked the jurymen to place themselves in
the prisoners position and see if they would
no have acted likewise. He closed by ask
ing for an acquittal for his Gle 1t, but said
in no case could the jury, under the evil
deuce, find Arkwright z dilty of a greater
crime than Voluntary manslaughter.
Solicitor General Fraser spoke only
twenty-five minutes he claimed that the
theory of self-defense, in view of the evil
dence adduced for the state, was ridiculous,
and that there had never been clearer case
of murder made out. He laid particular
stress on the fact of Arkwright following
Rhodes into the barroom aud his remark to
Officer McQuade on being arrested, and
asked the jury if that showed a case Of self
defense He said that Arkwrlght had
shown himself to be man Of malignant
heart, and he appealed to the jury to find
him gully of murder and thereby put
mark of disapproval on the growing prac~
tice among the negroes Of pulling their
pistols ard shooting down people on the
slightest provocation.
THE JUDGES CHARGE.
Judge Falligant's cha ge occupied about
fifteen minutes and was gwen in clear and
unmistakable language He began by
little rreface out Of the ordinary. Gen
tlemen Of IRE jury" said he, sit must be
borae in mind that we are living under a
just and civilized government and not in
wild state, where men have the right to
shoot down one another for imaginary
wrongs. Juries are for the purpose of up>
holding the government and law, and
should do their duty fearles'ly and without
favor"
Judge Falligant then instructed the jury
on the law governing homicide, aud in telling
them that they had the right to accept Ark
wright's statement ia prefsre zee to sworn
testimony, remarked that the statement
should be compared with the facts aad evil
dence
The jury was out an hour and FIVE min.
utes, during which time two notes were
sent to Judge Falligant and two similar
replies were sent back. One note asked
what the result would be if a verdict of
voluntary manslsughter with recommended
ton should be rendered, aud the other as to
what the result would be in the case of a
conviction without q recommendation.
The judge replied that the question of re-
suit was matter entirely with him and
! not the jury.
Arkwright Is an intelligent-lookug mu-
latto, about feet inches In hight, with
small black mustache ard fierce black eyes
set far back. He seemed badly broken up
over the prospect of serving twenty years
in the ,oal mines, and could not have had q
more detected look if he mad been SEN
fenced to death.
Solicitor General Fraser said last night
that the case had been an up hill one for
tue state since the killing, and two of the
most important witnesses for the prosecu-
ton had been run off by some OF the
| prisoners friends
WINT4R's LAST THROES.
Touch OF the Gold from the Bleak
| Northwest,