The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-03-14
SLAIN FOR A BIT OF HAM
ABKWRIGaTGE S TWENTY YEARS
FOR K LING DAVID R3ODES.

-
FOR < LING AVID RaODES.
The Jury Finds a Verdict for Volun-
tary Nans aughter- n Unlooked-for
Result in the Face of the Evidence.
Judge Fslligant Reminds the Jury
That This Is Civilized sge, u hen
People are tsupDosed to Kill Each
Other to Avengs Imaginary Wrongs
The Story Of the East Broad Sire
tragedy Told on the Witness Stand.
BENJAMIN Arkwrght, the mulatto res
taurant Keeper who killed David Rhodes
fcolored1 on Nov. last in q dispu about
credit for a piece of ham, was found guilty
of voluntary manslaughter by jury in the
superior court yesterday, and was sentenced
to twenty yea at hard labor IN the penf-
Tertiary, the maximum punishment pre-
scribed by the statute.
The verdict was compromise. The ma
jority of the jury was in favor Of finding
Ark wright guilty Of murder with recon-
mendation to imprisonment for life, but a
few of the jurymen refused absolutely TO
convict the mulatto of greater offense
than manslaughter, aud in order to avoid a
mistrial the others went over to them.
The trial attracted big crowd Of negroes,
and quite a number of whites as well, and
the gallery was a veritabls black cloud.
The JURY.
Over an hour was consumed in getting a
jury, and both sides exhausted their strikes
after securing eleven men. Toe twelfth
Juror was swora without the usual formal
ity Of being presented to both Sides Six
went off for cause The jury was as fol-
lows:
Charles Kolshorn, Charles c. Lebey,
Frank B. Waller, John Drury,
Henry F. Lubs, George J. Bradley,
Charles B. Holiker, Walter j. Nell,
Alexander s. Butler, Andrew s. Griffin,
John J. Halligan, Thomas p. Gillooley.
Coroner Dixon was first put on the stand
% prove thsl location of the bullet wound
and the cause Of Rhodes dea b.
w. H. Edwards. bartender at Marsh
mans saloon, which adjoined the restau-
rant of Arkwright, testified that while he
was getting the books out Of the barroom
he heard the report of q revolver, aud
Rhodes ran into the bar Immediately
after and went behind the counter. In a
minute or two Arkwright followed, with
pistol in bis hand. he grabbed hold of
him but was unable to stop his progres s,
being pulled around the counter by the me-
shoot Rhodes. Seeing that he could not
control Arkwright, Edwards called TO a
Mr.. Lewis to grab the pistol, which be did,
and then Arkwrigh5 pulled the trigger aud
caught Lewis on the thumb After short
struggle the pistol was wrenched from the
Negroes band by Lewis, who put it in his
pocket, although Arkwright begged that it
be returned TO him TO kill Rhodes, whom
he claimed had been acting disorderly. L l.
wards said that Rhodes then went out the
door and fell on the side walk, from whe Q
he was taken to his home by some colored
men. Arkwright was partly under the In
huence of liquor, Edwards said, aid Rhodes
was sober.
A WITNESS OF THE TRAGEDY.
s. G. Lewis of Ways Station was the
next witness put no by the stats He testi-
fed that he md Edwards, after closi z the
doors of the barroom, went into ArkWright's
restaurant to get cup Of coffee. While
there he saw Rhodes and one of the BOYS
engaged in a DISPUTE about some meat. He
and Edwards, after getting the cJffee, went
back to the barrnom, and while in there he
heard noise resembling that produced Ivy
a scufile coming from the resi- aurant. lie Wis
walked to the door leading between the two
places and opened 1t just in time to see a
flash and he r the report of a pistol
Almost Immediately Rhodes ran by him
into the barrocm and be lad the counter
he followed to see what the trouble was,
ard in a minute or two he heard
Edwards call to him. He turned quickly
and saw the latter and Ark wright strug-
Cling toward the counter, the negro holding
pi tol IN his rig { hand. He grabbed the
weapon, and Arkwright pulled the trigger,
causing the hammer to strike and cut his
thumb. When he finally wrenched The
pistol from the mans hand he drew knife,
but gave it up on being requested to do 50.
Lewis Dorothy, who has a room across
the street from " here the shoe ing occurred,
ran out as soon as be heard the report,
and saw colored man lying on the side
walk, with several people standing over
him. Dorothy examined The person of the
wounded man, but found no weapon of any
kind. he then asked the men to carry
Rhodes home, which they did. He was
present when Officer McQuade pulled Ark
wright from under the house and heard him
remark to the policeman: Shoot me il YOU
want to; - ---- rm the man who
did the shooting"
THE MURDERER's ARREST.
Officer McQuade testified as to the arrest
Of Arkwrlght under the house. He said be
fired one shot in the di ection of the pillar
behind which the murderer was hiding, for
the purpose Of frightening him, and be i'm
medlately rolled out, yelling: Pm shot;
Pm shot; you've killed me; come and get
me-" The officer said he then crawled up
TO Arkwright, and taking him by the arm,
dragged HIM out into the street. when he
remarked; - [ shot him, and
would like TO got at some of the other ne
groes, too.n
In the cross-examination Mr.. Morgan
wanted to know from Officer McQuado why
he had fired at Arkwright at all. The
officer SAID he was It'd by several parties
that the man under the house had a pistol
and knife, and he simply fred to intimidase
him, and it had a good effect.
Attorney Morgan iokingly remarked to
the poilcena that he supposed the reason
Arkwright wasn't hit was due to the fact
that he had fired toward him, which brought
back quick retort from the officer that he
wasn't tad marksman by any means, and
had be felt so disposed could have put every
bullet through the negroes body, and would
have done so had the man made any at
tempt on his life.
DR.. Wegefarth, the physician who at
tended Rhodes, testified TO the nature Of the
wound which caused death, and said that In
his opinion it must have been fired side
ways, O. account of the manner in which il
ranged through Rhodes body.
THE PRISONERS DEFENSE.
At the conclution of DR. Wegefarth's testi
mony the state rested. The first witness
put up by the defense was r. NJ Maxwell. a
h. I'D AL~k