The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-12-21
THE JURY COULD NOT AGREE.
BOIsEY KING WILL HAVE TO STAND
ANOTHER TRIAL FOR MURDER.

Ponder to Make Another Application
for Bail in the Superior Court To-
day-CObb's Case Continued Until
Next FrIday-MaIphus q O'Nen
Found Guilty With n RecOmmen-
dalton 40 Mercy-sIOt Machine
Cases TO Come Up Monday.
James. alias Boisey King. will have to
stand another trial on the charge Of
numbering Alec Hall near the Telfair
Baptist church on the night of Dec. /.
The jury before which his trial was be
gun day before yesterday was dismissed
at 10 O'Clock last night without having
reached a verdict, and a mistrial was
declared. The jury was out about TWEEN
ty-eight hours and came down twice 10
be rechaHged. probably on account of
the fact that its members found it eIch
a hard matter TO find any common
ground on which they could all agree.
There is no doubt that the majority Of
the members of the jury were in favor
OF one form or another Of manslaugh-
ter, some Of them with a recommendation
to the mercy of the court, and one Of
them held out for some time on murder
with a recommendation. 1t was evident
case when they came back to be re-
charged the second time.
'If he didn't mean to shoot that pis-
tol." one Of them said, you told US to
bring him in
Il didn't tell you to bring him in at
all" Judge gTalhgant said. Il simply
stated the law TO you and told you TO
apply it to the facts from the witness
stand as you found them"
Judge Falligant then repeated his COM
plete charge to the jury. This was about
5 o'clock In the afternoon, and shortly
afterward court was adjourned until 10
O'Clock at night, at which hour the jury
was no nearer an agreement, and q mis-
tril was declared. King is charged with
shooting Hall in a row in which hall
dozen or more negroes were engaged.
Another application for bail for Thomas
V. Ponder charged with the murder OF
Frank Keenan, last summer, viii be made
to-day. There was an application nled IN
September. but for some reason It was
never urged. This application VIII De
taken up at 10 o'clock this morning in the
superior court Ponder is represented by
Messrs. Erwin. duBignon & Chisholm.
1t is understood there is a large num-
Der of witnesses to be examined, the state
desiring to hear from those who testined
been in jail nearly six months From all
accounts 1t will take pretty near as long
to hear the evidence necessary to decid-
ing the question as TO whether he should
be allowed ball as it would to hear that
which will be presented on the trial,
though it is possible the court may not
care to go into minute details.
The grand jury of the superior court
brought in several indictments after It's
session yesterday afternoon. Among the
true bills were the following:
Henry Williams charged with the sim
pie larceny of one white and brown COW
from Adam Walker on Nov. 5. Williams
was arrested at the instance of Mr.. ID. 5.
Gardner the clerk of the market.
Jerry Brown, charged with larceny af-
ter trust He is said TO have been en-
trusted with tWenty-siX chickens by &. II.
Ebbs who employed him to sell them and
instead of turning in the money he pock-
L. c. stanfieid, charged with the simple
larceny on Nov. z of hog from Amos
McTier.
Charles Grant, charged with assault
with intent to murder Caleb Stanley with
a knife. Dec. IA.
Louis Hervitz and Harsh Marcus. both
former citizens of Roumania, were made
citizens of the United States by Judge
Falligant.
The case of Frank E. Cobb. the negro
teacher. charged with assault and bat
ton tony L. O FerTiil and and MIR. A. DAN
tignac, was called in the city
court yesterday. Maj. p. w. Meldrim
AAaNo Sdsih6 NiAe1s ANAeN-
lions with the prosecutors and his con-
nection with the Georgia State Indus
tria College. at which Cobb is a teacher,
made IL impossible for him to appear in
the case. He stated, however, that the
defendant desired a continuance, as he
wanted to get witnesses to testify as to
his previous good character. He said he
had asked Mr. Walter p. LaRoche to
take the case. Mr.. LaRoche was present
in the court room, but stated afterward
that he would refuse to have anything
whatever to do with it. Judge MacDon-
ell decided to grant the continuance until
next Friday. which will give Cobb time
TO secure whatever witnesses he desires.
Ex-Policemen S. J. ONeiu and C. NJ
court of assault and battery, with a re-
commentator to the mercy of the court
| The prosecutor was Dan Houston, a col
ored porter at the Savannah Florida and
| Western railroad, who interfered when
| they pushed colored woman to one side
at Liberty and East Broad streets early
| one morning. Mr. L. NJ. Habersham, who
| also interfered in the matter is prosecut-
| ing them for false arrest. Judge Mcdonnell
| will pass sentence to-day at II o'clock.
All the parties indicted for running nick
| le-in-the-slot machines have been notified
/ to appear in the city court on Monday
| morning, when it is likely that some dis
position will he made OF the cases against
| them. 1t may be that the indictments will
! be nolle pressed on the payment of costs,
! or If this settlement OF the case is not
| reached they can only go to trial or plead
/ guilty and go to jail for week.
4