The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-07-01
GUILTY BUT NOT TO HANG.
Jim Gay Sent to The Mines for Lie
for Killing August Meyer.

/ The Second Jury More Lenient Than
the First and Recommendation In
corporated in the verdict-An Agree
| ment Reached in an Hour and a
! Half.
James Gay (colored), who was con
victed of the murder Of August W. Meyer
| and sentenced TO death about a year ago.
had his second trial yesterday and es-
| capped the gallows.
The jury brought in a verdict Of guilty
with a recommendation to imprisonment
for life shortly after I o'clock this morn
ing, after dehberation Of half hour
| The same evidence which consigned GAY
originally to the gallows was produced in
the second trial, but the jury deci led to
exercise its right of recommendation.
The trial began at II o'clock yesterday
morning. An hour and a half was con-
sumed in selecting a jury. The defense
exhausted its twenty strikes, thirteen
went off for cause and the state struck
six The following jury was finally Sc
cured
John w Foster. William Hanlon,
William \. Price, Henry w Hoffman,
Blois B. Mingledorf Augustus B. LaRoche
John d. Harms, S T. Baker,
John w. Chandler Peter J. OFT.
IMPRISONMENT TOLD ON HIM.
Gay did not wear the braggadocio air
which marked him on his first trial. nor
did he look as well as when he heard the
death sentence passed upon him eighteen
months ago The long confinement in Jail
has told upon him, and he has thinned
considerably.
The evidence was reitera ton of that
at the former trial, the testimony of the
late Policeman Quinn, who secured n
great deal of damaging evidence against
Gay, being read from the stenOgrapher's
notes.
The defense interposed the plea of alibi,
the point which Judge Falligant over
looked at the first trial and which made
necessary another hearing of the case
Gay attempted to prove that the blood
on his shoes came from a cut in Boisy
Williams side the night before Meyer
was murdered, and a number of witness
es corroborated his story in this respect.
On the other hand the state relied for
conviction on the confessions Gay made
at the time of his arrest to Reporter
Doolan of the MORNING News and Justice
Frank McDermOtt.
THE ARGUMENTS.
A great deal of testimony on both sides
was omitted to shorten the case, and at
9 o'clock last night argument began.
William Pease, Esq, made a strong APP
peal for Gay. The burden of his effort
was to make it appear that Gus Williams,
who was hung for his participation in the
murder, was really the guilty party, and
that Gay had nothing to do with the
crime. Mr.. Pease explained the
confession by the theory that Gay
made them under fear of punishment
and threats of officers. Mr.. duBignon
summed up for the state in a powerful
speech lasting over an hour. He placed
all the circumstances of Gays move
ments on the night of murder
in connection with his confessions,
and made the deduction that Cav could
not have become possessed of all the facts
surrounding Mr.. Meyers tragic death
unless he had been participant. Mr..
du Bignon closed at II 10 o'clock, with a
strong appeal to the jury to find Gay
guilty and vindicate an outraged law.
THE JUDGES CHARGE.
Judge Falligant's charge consumed
twenty minutes in delivery The jury re-
tired to its room at 11:35 o'clock and at
] :06 O'Clock brought in the verdict. Cav
evidently expected another death
sentence, from the despairing man.
ner in which he took his seat
and hung his head while the
roll was being called. But when he
heard the recommendation which saved
him from the rope, Gays countenance
lighted up, and he returned smiling
thanks to his merciful jury. Judge Fal-
hganJ sentenced Gay at once, and he
started back to Jail with his ugly black
face wreathed in smiles, and with a
lighter heart than he has had for year
and a half