The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-02-06
ACQUITTED OF A BAD CHARGE.
s. W. Mott Found Not Guilty of Asseult
WITH Infant to Murder.

Il - AAOtk EOA1a wv 0uAAbt Vi 6116a-s
With Intent to Murder.
g. W. Mott, foreman OF the City and
/ Suburban railway stables. was put on trial al
I 4 O'clock in the superior court yesterday
/ for assault with intent TO murder
on Edward Brown, negro who had been
employed at the stables IN hitching up
mules for the cars.
Brown testified that on the night of Dec.
% he was ordered by Mott to hitch up q
pair of mules. He vent into the stables
and while doing the work Mott came IN and
asked him why he did not hurry up. Brown
said he replied that he was hurrying as fast
as be could, aud there was no one else there
to help him. Mots got mad. and turning
quickly said, You black - -
-, get out Of here"
Brown said he replied, "All right, sir, I"
and started 20 get out, when Mott picked
up piece OF scantling about four feet long
and four inches wide, and struck him twice
over the head. He fell 10 the ground and
lost consciousness, and remsm bered nothing
moreifor three days, when he awake and
found himself in the hospital
I. 5. Morgar, Esq, counsel for Mott, en-
deavored to make Brown admit that he was
drunk on the night in question, but Brown
claimed he had not been under the influence
of liquor since he LINED de churc ~ several
years ago. Furthermore, he said he did not
drink whisky, but occasionally imbibed
beer or cider.
Several other negro witnesses were exam
ined on the part of the state and corrobo-
rated Browns story.
Waterman Lambert, one Of the witnesses
Tor the defense, caused considerable amuse-
ment by his testimony, which was given in
badly broken English. He said when he.
went into the stable aud saw Brown lying
on the floor In reply TO a question by the
solicitor general as TO how Brown came to
DO lying on the floor he said: "Mr. Mott put
him dere; he no lay down himself.n Every
time the crowd laughed at his testimony
Lambert would say ~ can no speak Inglls. "
The defendant made statement In which
he claimed that he did not strike Brown
until after he had been assaulted three
times, and the negro made feint at draw
ing pi toll. He said that Brown cursed
him and attempted to hit him with bride
which he had In his hand.
Brown was recalled in rebuttal. and de-
MED that he ever attempted to strike Mott,
or made any feint at drawing a revolver.
Attorney Morgan. in his argument,
claimed that the witnesses for the proseou,
ton had proven by their testimony that
they were perjurers. Even should the jury
believe any portion of the testimony on the
part Of the state the crime could not possi-
bly, be assault with intent to murder, as it
lacked the elements necessary to constitute
murder had Brown died. He closed his ar
gument on the line that there was reason
able doubt about the assault being made
without cause, and under the circumstances
the defendant was entitled to an acquittal.
Solicitor General Fraser said all the law
required to make out a case of assault with
intent to murder was the use OF weapon
likely to produce death. He asked the jury
to take sensible view Of the matter and
ask themselves If a four-foot scantling was
not a weapon likely to produce death. The
solicitor scored counsel for defense on try.
ing to make out in a clustering speech
that the witnesses for the state
had perjured Themselves Not once did he
claim that his client was guiltless, but
threw the whole weight Of his argument
into ridiculing the witnesses. Solicitor
General Fraser argued that the state had
made out plain case of assault with intent
to murder, and asked the jury to SO find.
Judge Falligant charged the jury for If
teen minutes, and after celebrating about
an hour they brought in verdict of not
guilty.