The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-06-13
THE JURY OUT ALL MIGHT.
SAULT WITH INTENT TO
MURDER.


Iy Escaped Losing His Life-The
Defendant Declares NIr. WoOdfn
struck Him and Attempted to
Choke Hfm-Mr. Woodnn Denies
These statementS-The Jury May
BE Heard From when Court Con-
venes This Morning.
Edward M0yle was tried In the superior
court yesterday on "a charge Of assault,
with intent 20 murder Deputy Clerk VIII
liam q. wooddn Of the city court on April
"a, last. The jury was still out at an early
hour this morning. and there was no
prospect that it will be heard from until
court conveues.
The jury was very carefully selected
by both sides. It was composed of f. W
Brown. W. r. Metzser. Thomas Daniels.
Jr., Troup B. Perry. Michael +. Foley. w
D. Thomas, Charles y. Aimar, John Dill
lon. H F. WiIIink. Jr.. John II. Lorrimer,
Bernard Tully and Frank b. Bashlor.
-Four panels were exhausted before the
jury was made up.
William Pease. Esq. appeared for the
defense while Solicitor General W. w
Fraser conducted the prosecution. Mr.
Woodfn was of course, the principal wit
ness. He was on the stand about an hour
and half He testified as to Mr.. Moyie
having presented a bill for 81 against him,
first to Col Whatley. and then having
asked his wife about it while she was pass
ing his store. on Broughton street. Mr..
Woodnn said when he walked down from
dinner that day he intended to so to Mr..
Moyle and ask him about the matter, but
said he was not seeking any difficulty, stnd
did not want one. He walked down vi IN
a friend, who left him in front Of Mr..
Moyle's store, while he went in.
AS he approached the store he said
Moyle was standing in the door and ap-
parenuy saw rim. When he entered the
store Moyle was standing behind the
counter with his hands behind him.
Il went in, Mr.. Woodhn said, land
asked him what he meant by speaking
TO my wife about the account, and If he
meant to insult her. He said he did not.
! asked him what he meant by taking the
account to Col Whatey instead of COM
ing to me. He said he wanted his money.
then told him my office was nearer than
Col. Whatley's and / didn't see why he
did not come there and get it. lie re-
piled that he would use his own means TO
collect his bills and would do as he
pleased about it. l told him 1 came there
for no difficulty and did not expect to
have one, but / said i will say l couldn't
expect any better from a dirty little
puppy like you. He then said, what are
you going TO do about it / made a ges-
ture with my right hand as If to say
something. and he said let's have it out
He then caught me with mis- left hand
and cut me on the ear and neck with
some sharp instrument.
what do you mean by cutting me up
this way?" / asked.
You had better go and have me ar
rested, that's what you can do" he re-
piled.
Il asked him to put handkerchief to
the wound and stop the flow of blood He
refused, as did also the boy who was in
the store He followed me out of the
store. l couldn't stop him, and he walked
behind me to the drug store on the corner
saying when he arrived there, DOC, I've
brought you a patient"
ED Marin, the boy who is employed in
Moyles store, was in the rear Of the
store at the time the difficulty occurred.
He testified to having heard the loud talk
ing, and on looking up he said he saw Mr.
Woodfn strike Mr.. Moyle.
Mr.. John T. Rowland. Capt. G. g.
Pritchard and Detective Morgan all tes-
titled that the boy stated to them right
l.
Woodhn strike Mr.. Moyle. These wit
nesses were put up TO impeach Marin's
testimony.
Drs. Harris and Warning were put on
the stand to testify as to the nature of
the wounds made. Both stated that Mr..
Woodhn narrowly escaped death. The
weapon grazed the carotid artery and
came dangerously near the jugular vein.
1t was stated that Mr.. Woodflns escape
was only by a hairs breadth.
Dir. Moyle's statement was, in some par
tculars, materially different from that of
MIR. Noodfin. alr Moyle admitted the cut
ting, and said it was done with the leather
cleayer the instrument shown in court.
He spoke of the account which led up TO
the difficulty, said that Mr.. Woodhn
cursed him, calling him a puppy, struck
him in the face and caught him in the col
lar, attempting to choke him. 1t was then,
he stated. that he picked up the cleaver
and cut him. His plea was that he was
justified in that Mr.. Woodfin came into
his store and attacked him first
Mr.. Woodfn denied having struck him.
and also swore positively that he did not
catch Mr.. Moyle by the collar. MI MoyIes
attorney made plea of justification un-
der the evidence. while the state held 10
the charge of assault with intent to muir
der. Mr. Fraser made a strong argument
for the state, showing MIR. Woodhn went
to the store simply for an eXpla-
nation ana with no intention or desire OF
getting into any difficulty. Mr.. Pease
claimed that MIR. Woodin sought a diff
Guilty.
The case was given to the jury by Judge
Falligant about $50 o'clock. Judge FALL
gants charge went over the law on the
subject fully and clearly, and he said.
among other things, that no menace or
threats would justify such an assault, nor
would 1t be justified under ordinary cir
cumstances If the prosecutor had struck
the defendant with his fist. There was a
question on this point, however, and that
must be determined from the evidence by
the jury. The jury will be out until court
eonvenes this morning.