The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-09-30
ON TRIAL FOR MURDER.
OPENING OF a SENSATIONAL CASE
AT FORT GAINES.

caoree' Ozburn Put on Trial for the
Murder of Joel NJ. Holm es-Eye- Wit
masses Tell the Story of the shooting
and the Quarrel Which Preceded 1t
Fort GAINES, GA, Sept. 29.-The second
xeek of Clay superior court began at
o'clock this morning, Judge James H.
cuerry presiding. Last week was con-
nmed in dispatchirg the business on the
avil docket, and this is criminal week"
rba first case called was that of the state
q Eli Napier, John Whidden and George
osourn, recently indicted by the grand jury
Inc murder Of Joel NJ. Holmes, we'll
,odo young farmer of this city and coun-
n on April % last A jury was secured
liter calling ninety-four names, and con-
E,!s of the following: Joseph Lee, C. B.
ohKinnon, T. R. Mashburn. N. J. Bare
IA L. o. Shivers, George c. Brown, w.
Tennille, j. H. T. McKinnon, J. B.
dams j. J. Hays, Ed. Fam and ]. S.
Mills.
TWO STILL AT LARGE.
Ozburn and Whldden are the only ones
~ the four that are in the custody of the
Sheriff the others having managed thus
lar to escape the vigilance of the officers.
Dzburn was first put on trial, and up to this
writing the taking of testimony for the
defense is still in progress, the state having
#rlosed after the examination of two wit
nesses. John Holmes, the first witness for
the state, being sworn, said: 81 had two
&uegroes living on my brothers place who
had once lived on Whidden's plant ton in
Henry county, Alabama. After they came
lover here, one of them got into trouble, and
brother Joe stood on his bond.
II wH1DDEN WANTED THEM.
'On April 81 John Whidden sent wagon
&up after one OF the negroes, was at the
4 quarter when the wagon came. Presently
5ohn Whidden and George Ozburn and Eli
Napier and Bob Norris came driving up the
road in cart. Whidden looked angry and
vas clustering around, repeating occasion
ally that he was a gentleman. | told him |
did no. dispute it. He said he was going to
hire the negroes or beseige the plantation
TOR a month. Presently brother Joe came
over and began talking with the crowd.
THE FATAL FIGHT.
HE told Whidden that lie was not acting
the part of a gentleman in enticing bis
aborers away, whereupon Whiddeu called
bin a - liar. They clinched and were
falling to the ground when some one fired
pistol. At that juncture the firing com
nenced all around and while brother Joe
was being thrown to the ground Napier
walked up within few inches of his head,
stuck his pistol close to it and fired twice,
killing him instantly. The firing was pro-
mlscuous. don't know who shot first and
did not see Norris shoot"
ANOTHER MANS STORY.
y W. A. Alexander testified as follows: az
knew Joe Holmes. He is now dead. l was
present when he was killed" He pointed
out OZburn. When he arrived at the place
~ -Iobp Hn1uaoc and Whiddar,
ping, and the witness said: go it, old boy
am with you. l am white man" Joe
Holmes came up and said Whidden was not
acting the part of a gentleman in taking off
bis hands. The lie was passed, and Whid>
4ien and Joe Holmes clinched. He heard
Fhldden say: 'Shoot, boys" when Ozburn
fre1 a. John Holmes and Napier shot Joe
Holmes. He saw Napier, Whidden, Ozburn
IND Norris fire pistols. The witness shot at
Vhdden, and Whidden, Napier and Norris
= hot at him. The witness was wounded,
I'd could not attend the commitment
riaL,
HAD BEEN DRINKING.
When cross-examined he said he
knew the defendant from having seen him
barroom in town the same day. The
illness had been drinking some liquor, but
Fas not drunk. He was of nervous tenn
ersment, aud had been in lunatic asylum,
iolmes was killed. Physicians had pro-
punced him cured before he left the
Eylum. Here the state rested.
Cliff Cox was sworn for the defense. He
w Ozburn's pistol before he went up to
Dimes place. 1t had three cartridges only
It, one had been snapped and another had
Pc cad cut. He saw the same pistol three
ys after withithe same cartridges IN it.
coLoRED WITNESSES.
Tempy Peterman (colored) was sworn
ID said she told Wbdden to send after her.
pe said she was working for no one in par
fuar
Dan Blackburn (colored) swore that he
fnt with the wagon after Tempy Peter
an He heard George Davis say that if
hidden came up there he would fill him
VA tn Lead. He saw Charles Davis walking
FOUND with a pistol in his pocket, all of
Which he told Whidden.
t. K, Sutlive was sworn and said that he
saw Alexander about o'clock in the after
NOON and he seemed under the influence Of
liquor
Miss Annie Ozburn swore that her brother
ueorge had his pistol, which had only three
cartridges. One had been snapped and had
tne lead cut and the pistol had the same
cartridges in it when he came home.
| HEARsAY EVIDENCE.
ii Gus Makes (eolored) swore that he heard
2ouh holmes say ne thought Alexander
Kllled his brother.
q Gaz Cav swore that he heard John
Holmes say he thought Alexander killed
fls brother in trying to help him out.
The state called John Holmes to the
STAND again in rebuttal, who said that he
kiid not say to Gus Makes or Gaz Gay that
pc thought Alexander killed his brother
ohm Whidden was sworn for the defense
but had not completed his testimony when
the court adjourned.
Able counsel is employed by both sides.
he state has Solicitor j. M. Griggs of the
rataula circuit. Col. @. w. Wilson of this
bar and Col. Emmett Womack of Covinz-
ton. Counsel for defense is Col. ]. d.
hanbo, W. A Scott Of the local bar, and
Coils. Worrill and Cuthbert, Powell of
blakely and Walker Of Coiu mbia, Ala. The
case is exciting great deal of interest.
a COOL WAVE IN THE WEST.