The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-01-13
HENRY NILES ACQUITTED
a VERDICT OF NOT GUILTY REM
DERED IN TEN MINUTES.

Conflicting Statements OF Witnesses
and Doubt as to Whether Henry
Niles or Robert Niles Did the Killing
the Grounds for the Acquittal-The
Jury Gives the Accused the Eeneht
of the Doubt-Robert Niles Accused
of the Killing.
Henry Niles was acquitted Of murder in
the superior court yesterday.
Niles was charged with the killing Of
Adam Berrien on Deptford plantation
Thursday night, Nov. &c. Berrien was
killed at a shouting party at the house OF
ALFRED Richmond, at Deptford, which was
participated in by the residents Of the
plantation and Of Eass Savannah and Le-
Pageville. The shouting party turned into
general row and free fight, and in the
row Berrien, a 17-yeAr-old boy. was struck
In the head with stick and killed.
At the coroner's inquest two other par
Elephants in the row, Robert Niles and
Neptune Miller, testified that it was Henry
Niles that did the killing. The other par
Elephants were too much excited at the time
to say who did it, and there was very little
circumstancial evidence going TO show any
reason for the crime.
The trial yesterday was a most vexatious
one to the attorneys. The witnesses swore
TO anything and everything, without regard
TO their previous statements before the
coroner's jury or elsewhere, aud there
seemed to be no disposition on the part of
any of them to tell the truth.
Maj. p. W. Meldrim defended Henry
Niles and Solicitor General Fraser repre-
sented the state.
The following jury was impaneled:
H. A Charlton John Andre.
Louis W: Roberts. Richard Urquhart,
l. b. Tiedeman, Cecil A. Strobhar,
Charles Schliecher. John W. Foster,
Jos. F. Torrent, Archibald Barber,
Jas. NJ. Butler. VIM. II. Grady.
number of witnesses who were present
at the party which terminated In a murder
were examined, and testified as to the row
and the fact OF the killing
Robert Niles and Neptune Miller swore
to the killing of Berrien by Henry Niles.
and were positive in their testimony that
he was the man who did the killing. They
were weak on minor points, however, and
oontradicted themselves and each other a
number of times.
THE LINE OF DEFENSE.
The position taken by the defense was
that the killing was done by Robert Niles
cousin Of Henry Niles, and numerous
witnesses were introduced to prove that
there was previous grudge between Rob-
ert Niles and Berrien, that Robert Niles had
taken prominent part in the row and had
been struck and cut, and that he had acted
suspiciously afterward.
One witness. Molhe Howard, was intro
duced who swore positively that she saw
Itooert Niles strike the blow that killed
Berrien.
Several witnesses were introduced nv tho
state who testified that Mollie Howard was
tle nrst person 60 point out Henry Niles as
the murderer and that she had repeatedly
asserted that 1t was Henry Niles that did
the killing.
Witnesses were also introduced bv thu
defense who testified that Robert Morse
man, witness for the state against Henry
Nnes, had said the morning after the kill
Ing that Robert Niles did the killing. I'm
der the sharp examination of Major MaI-
urin ana solicitor General Fraser most of
the witnesses swore outrageously.
swoRE 1T WAS HIS BROTHER.
Henry Niles, the accused. also te,tIead
tnat 1t was Robert Niles aud not himsalF
that struck the blow.
MAJ Meldrim, in his speech to the Jury
argued that the state had not shown Con-
clusively that Henry Niles did the killing .
tna1 tne only four witnesses who testified to
seeing the killing were Robert Niles. who
swore that Henry Niles did it, and Henry
Nllee, who swore that Robert Niles did h.
Moine howard, who declared after
the killing that Henry Niles did IL and now
swore that Robert Niles did it, and Neptune
Miller, who had contradicted himself
30 on the stand, that they
could place no confidence in
anything he said. He argued tina. tbera
was theory and circumstances to slIonort
the charge that Robert NileI did the killing
potn OF which were absent in the accusation
against Henry Niles.
THE STATES ARGUMENT.
Solicitor General Fraser made a stron,
argument for the state. 1t was sharn and
pointed and plainly designated the truth
ana Ialsehood in the stories of the witnesses
he said that Henry Niles' father was the
ooss OF Deptford plantation and
an influential man there, and
that through his influence witnesses had
been induced to come forward and swear
That Robert Niles did the killing to shield
Henry Niles. his son.
Judge Falligant stated the law OF the
case plainly and explicitly to the jury.
Inc jury retired to its room and had not
been absent over ten minutes when word
was sent in that they had reached a verdict.
Inc jury returned and the verdict was
presented to the clerk. 1t read: "We the
jury find the defendant not guiltv.n
henry Niles was discharged. as was
also Robert Niles who had. been held ss a
chief witness ~ q
=, One thing is certain, Robert Niles or
henry Niles did the killing. Robert Niles
WIN hardly be prosecuted for the crime
unless more evidence ia discovered going to
snow tnat ne is the guilty man