The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-03-22
HISFATE WITH THEJURY.
HOPEFUL GRANT TRIED FOR JACK
ROBINSoN'S MURDER.

Plea of the Defense Accident and
pected a QUICK Acquittal Under the
Evidence-Attorney Morgsu's Appeal
for Bis Aged and Infirm Client.
Old Hopeful Grant, the coIored fisher
man, who killed Jack Robinson (oolorsd) at
Market dock, Dec. 10. was tried yesterday
(, in the superior court
The case was given TO the jury at 2:15
o'clock. and, despite the expectations Of an
acquittaI by every one who listened to the
testimony, the jury hadn't agreed up TO mid
night, and the indications point to q mis-
trial
The trial began at 10 o'clock, and nearly
an hour was consumed in securing a jury.
The state struck 10, the prisoner 10, and 3
went off for cause. The jury selected was:
c. Marion Besselieu, Morris B. Ketchum,
| Adolph N. Mauncy, Thomas p. Gillooly,
/ Samuel K. levin, Walter b. Fulton, John
| H. Cannon, Joseph L. Audrsssey. Adolph c.
Best. Robert P. Wimberly, Robert Gray
| Henry W. Readick.
The state introduced a negro named Mo
| Kinnie, who testified that he saw old Grant
make two lunges of his big fish knife at
| Robinson before the latter made any attack
| upon him. Another negro named Houston
swore that he took the knife away from
Grant while be was on the ground with
Robinson holding his hands
The defense put Mr.. John Oman, turnkey
at the jail, ex-Clerk or the Market Mad
dock and Ship Chandler Paulsen, three par
ties who knew Grant for many years, to
show thaE be has always been quiet and
peaceable man.
]. J. Doolan, reporter for the MORNING
NEWS, testified TO the condition in which he
found Grant In the barracks two hours after
the killing, with his face badly swollen, lip
cut and thumb chewsd.
THE ACCUSED MAN.
Grant is a withered old rheumatic nearly
60 years OF age, aud when he started for the
witness stand to tell his story 60 the jury he
tottered with feebleness. He told his story
in simple, straightforward manner, and
his eyes filled with tears as he related the
circumstance Of the killing. Grant said he
and Robinson got into dispute about the
right TO purchase boatload of fish, and the
owner decided to let each take half. Rob.
inson being much younger man jumped
into the boat first and secured sill the largest
and best fish. When Grant saw this he
picked up his knife, basket and stick and
told Robinson to take all the fish. as he
didn't want any IL he couldn't get an equal
division. This sngered Robinson, who
walked over to the old man and remarked
by - have mind to throw you over
board"
Grant said he replied: Keep away from
me. Jack. II you hit me I'll make you pay
for it-h Robinson became further enraged
at this and struck him IN the eve and
mouth, knocking out a tooth, which Grant
displayed to the jury. Then it was, the
old man said. that he waved his knife at
Robinson TO scare him off, but his assailant
closed with him and tried TO take the knife
away.
THE FATAL FALL,
In the struggle both men fell, Robinson
on top. Grant claimed that the knife was
IN an upright position in his hand and as
Robinson fell upon him the knife penetrated
his breast. II never out him, God knows"
said Grant. HE fell on the knife and when
some people told me to get away said no,
hadn't done anything TO run for"
Policeman Haines, who arrested Grant
said that when he arrived he found the old
man on the ground aud Robinson kicking
| him. He first arrested Robinson, but fiud.
| ing that he was out, turned him loose to
| take hold of Grant. A minute or two after
Robinson fell over and died. Officer Haines
stated that Grant was so weak from the
beating be had received that he had to be
carried TO the barracks in the ambulance
| The officer also said that the dead man was
a very much more powerful man than the
prisoner.
John Williams (coIored) testified that
Robinson was troublesome negro, ready
at all times to pick fight.
ATTORNEY MoRGAN's APPEAL.
T. s. Morgan, Jr., Esq. who defended
| Grant, made half hours speech for his
client. His plea was two-fold, accidental
killing and justifable homicide He told
the jury that there was no doubt in his
mind that Grants story about Robinson
falling upon the knife was true. He
pictured the dead man, a powerful 300
pound coward, cutting and kicking poor,
decrepit old man, VINO is almost upon the
brink Of the grave with infrmities and g
| divine providence, in anger at the occur
renee, causing the assailent to fall upon the
knife and meet a just death.
| Even if from the evidence" said Mr..
Morgan, you do not think the case
is one of accident, will you think
that the killing was not justifiable. Here
| you have an old man worn away with
sickness, Threatened with being thrown
/ overheard by a young brute, in whose
| hands he would be as a child, and then
beaten and cuffed like dog. II he took
the life of bis assailant under those circum-
| stances, wouldn't he be justi6able? He
wouldn't be man IL he didn't try to pro-
tect himself" Mr. Morgan then called the
attention of the jury to the characters of
| Grant aud Robinson-one a peaceable man
who had gained the respect of the whites
| who knew him, the other O troublesome
quarrelsome, brutal fellow, who few liked.
The attorney closed with a pathetic appeal
to the jury not to say. by its verdict, that
the old man who, though without the ad-
vantages of education, had lived an up
| right life up to the time of the unfortunate
difficulty, is a murderer.
THE SOLICITORS ARGUMENT.
Solicitor General Fraser occupied fifteen
minutes in his speech. He said juries were
not supposed to try men on the question of
their infrmities. 1t was jurymans duty
| TO try person on the facts OF the case, ire
| spectlve OF sickness or sympathy. He
| claimed that the state had made out a case
| OF murder, and theorized, backed by the
| statement of McKinnie, that when Robin
son and Grant began to quarrel the old man
| in rage pulled his knife and plunged it
into the other. and it was only after he had
! received his death wound that Robinson
| struck Grant. The solicitor asked the Jury
! for a verdict against the prisoner as in
| dicted.
| Judge Falligant charged the jury on the
| law OF murder, voluntary manslaughter,
| involuntary manslaughter and justi6able
| homicide. His charge was brief but ex-
| plicit.
There was big crowd Of spectators pres
ent at the trial. and the general impression
| was that the Jury would acouit in a few