The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-10-01
RACE FOR WITNESSES.
FRIENDS OF OzSURN TRYING TO
BEAT a BAILIFF.

The Judge VIII Make Rome Fowl If
an Attempt is lsade to Intimidate
the Witnesses-They are Expected
+oGive Damaging Testimony Against
the Defendant.
FORT GAINES, GA Sept. 3O.-The superior
coprt convened this morning at 8 30 o'clock,
after taking recess from $50 o'clock yes
,srdav. The evidence for the defense in
the case of the state VS.. George Ozburn was
resumed. The jury was made as oomforta-
HE as possible in the court house, and they
were carefully guarded throughout the
night. and the jurors were sworn to not
even discuss the case among themselves
The iall. which holds two of the criminals,
Was well guarded also, there being
rumors that friends Of the defendants in
tended liberating them. The bill of indict-
meat as found by the grand jury at last
weeks session charges that Eli Napier fred
the pistol shot, but that Whidden, Ozborn
and Norris were guilty of murder also, as
they after a previous agreement among
themselves, went upon Holmes plantation
armed 10 accomplish the design of John
Whidden and that one was as guilty as the
others.
CLAIM OF THE DEFENSE.
The defense proposed to show that Alex
ander who was friend to Holmes, did the
killing. and fred the first shot in trying to
helm Holmes The evidence Yesterday
closed with John Whidden, one of the de-
PENDANTS on the stand. Whidden swore as
follows: II got Ozburn to 60 with me out
to Holmes merely as company. l didn't
know Napier aud Norris were coming
al. hot 4ha haA ,,I
me and might have trouble. / never said
Shoot, boys shoot l said when I was
getting up off of Holmes, after l was hit
myself, MY God, boys, don't shoot any
more | don't know who shot first or who
did any of the shooting. Eight or ten shots
were fred"
GIVEN PERMISSION TO CONE.
When cross-exemined Whidden said he
had permission to go from John and
Charley Holmes, but not from the deceased.
Alexander came up and told the Holmes
brothers that if there was anything to be
done he was with them. 81 had one pistol
Ozburn had one and Napier one. l saw
Napier shoot once. l don't know where
Napier is now. never saw any of the
Holmes boys have pistols. l saw the negro
Charley Davis have one."
j. Z. Paullin was sworn for the defend |
ant and said: II saw Alexander in town on
the day of the killing and be was a little
under the Influence of whisky"
Sheriff McAllister was sworn for the |
state and said: Napier and Norris both |
run away. l had Norris in custody at one
time but be was turned loose after the pre-
liminarY hearing by Judge Query. The |
reason Ozburn and Whidden are here is be-
cause they we're under heavy bond to ap- |
pear. Ozburn stated that he went to look |
at the country and that he never shot,
DOCTORS TESTIMONY.
DR.. Raime5 was sworn for the state He |
said: II examined the wounds on Holmes |
One was a scalp wound, the other was fired |
in the top of the head, a little TO the right. |
Grains Of powder was blown in the side OF
bis face.n
C. P. Holmes was sworn for the state. He |
said 81 heard low talking and l went over
across the creek to where the sound came
up. About that time Whidden called Joe a
-- liar. Ozburn was south, Napier /
north, Norris west and Alexander |
little northeast. Joe and |
Whidden were falling with their head
TO the north. Charles Davis was over at |
thu home, l heard Whidden say, shoot, |
boys, shoot Ozburn shot first. Napier |
came up from the north and shot Joe in the |
head twice while was holding him, half |
bent on my knee, There were seven shots |
fired before Alexander shot. Joe had no |
weapon of any kind. Fifteen or twenty |
SlOi5 were QreQ IN oil.
A Roy SWORN.
Oscar Paine. a 12-year-old boy, was next |
sworn by the state, and his testimony will, !
no doubt, prove serious for Ozburn. He |
said: II heard Ozourn say in IA crowd of |
boys at q church the Sunday after be was
released from jail on bond that he helped |
Kill Holmes and he didn't care If he did |
that be would have killed more of 'em if it
hadn't been through sympathy for Holmes
sister, The cross examination corroborated |
bis first statement. He named three others
who were present when OZburn made these
declarations, and they were sent for by the
court
4 The court took a recess until the three
Wit esses could be broughtin,
About O'clock this afternoon one OF the
witnesses was brought in court and testified
as follows: II was present at church on
day Ozburn was there. He was talking
zoe crowd near the road. | was In the house
ara could not hear what he said. "
AT tn S juncture the counsel for the de-
Tense asked the court to send for another
"iEnes', who lived some miles away, and
VIM reasons were being given the jury
was ordered to the jury room. After this
ySuuge Guerry stated that news had come TO
hIh that shortly after the bailifR left for
tne last three witnesses a citizen Of this
equity met two Alebamians in buggy,
VINO asked him il he had met sad
paint he answered yes. Then the
TWO Alaoamians asked IL there was a near
CUT toeY could take to the house of the wit
nesses IN order that they could see the wit
resses before the bailf arrived. Judge
query Will investigate the matter when
Ine witness Is brought in, and il be has been
Illuminated by the two Alabamians term
IN jail might be the reward of the Alaham-
iahs. The Alabamians are friends Of Or
nurn and one of them has testified before
tne court In his behalf. At o'clock the
court Is taking recess until the two wit
nesses who we're sent for at 10 O'clock arrive.
DARIEN DOINGS.