The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-12-25
PoNDER'S CHRISTMAS GIFT.
RELEASED FROM JAIL LAST NIGHT
ONA $4,000 BOND.

The Application Argued Before
Judge FalIigant and the Evidence
Taken by the Coroner's Jury Read.
Judge FaIIigant Assigned the Case
for Trial PeremptoriIy on Jan. II.
He Then Admitted Him 10 Bail on
"A 5000 Bond with sureties to BE
Approved by the sheriff.
Thomas V. Ponder, charged with the
murder Of Frank Keenan,. will spend
Christmas day with his wife and friends.
He was released from Jail last night on
bond in the sum of $500, with sureties
approved by Sheriff Roman. The case
against him will be tried on Tuesday, Jan.
Il
The application for bail was first post
pOned until Thursday. but Mr.. F. G. du-
Bignon, one Of his attorneys, finding he
would be in the city yesterday, had il
called up in the superior court al o'clock
in the afternoon.
When the hearing began a new applica-
ton for bail was filed, the other being
Withdrawn. The first application was on
the grounds Of sickness or asthma. with
which, IL was stated the prisoner was
suffering. The application under which
the hearing took place and as made by his
attorneys. Messrs. Erwin, duBignon &
Chisholm, and Barrow & Osborne, is as
follows:
To the Hon. Robert Falligant. Judge
OF ihe chatham superior court: The appli-
eaton or Thomas v Ponder respectfully
SHOWS 10 your honor that he is now. and
mas been for several months past confined
~ me common jail of said county upon
the charge Of murder.
fOur petitioner shows further that he
- ~ sullty OF sald charge, and that he is
suli1y or no offense under the evidence
~ sara case, and respectfully petitions
mat the nature of said offense if any mas
been committed, may be inquired into by
me me court IN order that he may be admitted
Petitioner AYERS his ability and readi-
ness 70 furnish such bail as may be re-
CURED, and which Will secure his presence
trial "'i'4siieu AOr
Respectfully submitted, etc.
II WIZ be seen that the application was
practically on the ground that the de-
PENDANT is guilty OF no offense under the
evidence and the law
ooncitor General w. W. Fraser objected
strongly to the Introduction of the evil
uence from the coroner's jury, saving the
grand jury had indicted Ponder for muir
DER, that the criminal court was omen and
that he could be tried at any time. He
asked Tor an assignment of the case Judge
alllgant said the only thing then TO be
CONSIDERED was the application for bail.
Mr.. Fraser further contended thar
consideration OF the evidence for the pur-
pose OF passing on the question of bail at
tnlS time would affect the case, on accounf
or the fact that, in a measure, il would be
passing on the guilt or innocence of the
accused. Judge Falligant said such was
not the case, and that he would hear
what counsel had to saw
non; POPE Barrow read the evidence be-
lore the coroners jury, after which Mr.
L. >. Morgan, who has been engaged as
prosecuting attorney, to assist the solicit
tor general, read two or three afidavits
with view of showing that the deceased
inns of ho % 49,
shooting.
Messrs. Barrow & duBignon made ar
guments in behalf Of the petition for BAIL
both holding that the evidence did not
show that any offense had been commit
ted, as an actual assault had been made
upon the defendant before any shot was
Mr.. Fraser reiterated the statement that
the court was open for the trial of such
cases and that the state was ready to
take II up on any day that might be
agreeable to the counsel for the defense
He thought it unjust that the states
right should be jeopardized at this late
day by permitting the defendant to give
bail. He saw no reason why the defend
ant should not be ready to go to trial.
he asked, very significantly
Mr. Morgan made a brief argument on
the evidence in which he contended that
the state did not admit there was an as
sault prior to the shooting.
Judge Faligant said he understood there
was some talk about trying the case last
5uAihicls bul II was put OH on account OF
MIR. duBignon's absence at Saratoga Mr.
duBignon said that such was not the
case, as he was ready to try the case
then, but had never been called on to do
50. Solicitor General Fraser was under
the impression that it had been assigned
Tor trial, but no record of ii was found
on the docket.
Judge Falligant said there was no reason
why the case should not be assigned then
and there Mr.. Fraser said any day would
suit the state.
We'll, any day won't suit me-" Mr.
Barrow said. Il would object to coming
here tomorrow"
Mr.. duBignon finally suggested Tues
day, Jan. IA, as the day for the trial and
peremp torily for that day
In the matter of the application for
bail" Judge Falligant said Il think
party charged with murder has the right
to make such an application, and the
question Of its being granted is left to
the sound discretion of the court All
the circumstances of the case should of
course, be taken into consideration
have listened with interest TO all the
testimony in the case, and am prepared
to admit the defendant to bail in the
sum of 5000. l will give no reason for
so doing, as l do not think 1t proper al
this time TO comment on the testimony -
The order was then drawn up providing
for Ponder's release on a s., 900 bond with
sureties to be approved by Sheriff Roman
The bond was prepared as soon as posi-
BILE after the order was signed and Pom
der was free man again.
vNv,, ru, ~.~,-.w.