The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-06-21
THE EVIDENCE CONFLICTING.
CONDUCTOR VI. II. SOONAN ACQUIT-
TED BY THE JURY.

Charged With Assault With HIntent
TO Marder Harbormaster =. J. Gra-
ham-The Prosecution Held That
There Was no CursIns and That
the Attack Was UnprOvOIsed-Wit-
ncsses for the Defense stated MIR.
Graham Cursed Conductor NOOnan
and Threatened HIm-The Jury
Out About Half an Hour.
Conductor NIyer 3. Noonan OF she Eiec-
trio Railway Company was tried I'm the
superior court yesterday on a charge OF
assau lt with intent 10 murder Mr.. Joseph
j. Graham. the harbormaster. the al
legged assault having been comTitsed on
the morning Of June I.
The trial occupied the entire day. as an
exhaustive examination Of the witnesses
was had The jury returned a verdict OF
not guilty after being out about half
an hour. The testimony was of a very
conflicting nature throughout; that on
one side partially tusueying the assault.
while that on the other did not.
The trouble which led to the charge OF
assault with intent TO murder agains-
Noouan occurred at the corner OF Drayton
ana Bay streets, where one Of the ears
OF the Barnard street line was standing.
as Ny. Graham drove by il his buggy.
He was driving toward Drayton street,
and before he had crossed the track the
car was started by Conductor Noonan
who was acting os motorman. while the
motorman !. r. Wilson was eating his
dinner. 1t was charged that Noonan was
looking toward the rear of the car aud
Carelessly started the car without sound
ins mis- gong or giving any notice, running
into Mr.. Graham's buggy. Mr. Graham
stated he called the mans attention 10
the fact and told him to be more careful
Mr.. Graham and his brother Mr.. Joseph
L Graham then went down to the court
house and on their return the same car
" as standing at the Bay street corner.
According to Mr.. Graham's statement. he
got out Of his buggy and going over to the
car, asked the conductor why he was
not more careful in running his car, ana
telling him that he would do some dam
age or get into trouble unless he cook
more care. This, he said, seemed 70 an
ger the conductor, who asked him III it
was any of his business how he ran The
car. With that Mr.. Graham said, Mo
C rman Wilson handed Noonan a control
Ter handle and the latter came off the
car and struck him on the head with ii
infiicting an ugly wound. Not satisfied
with this, he said, the conductor drew the
Weapon back, as if to make a lunge at
him, when he lodged out of the way.
Mr.. Graham's story is supported by the
statement of his brother and by two
other witnesses, w. d. Armstrong AMI
Dandy Taylor, both of the latter stat
ing that they did not see Graham at
tempt to strike Noonan, nor did they
hear him do any cursing.
Dr. Dunn testified that the controller
handle was a dangerous weapon, and one
liable to produce death when used in the
manner in which NOonan had handled il.
The testimony of the Witnesses for the
defense differed materially from the fore
going statements. The principal witnesses
" ere the notorman Of the car in question.
j. r. Wilson and Charles Dahl Both or
these testified that Mr.. Graham went up
TO the car scored Noonan about his care
lessness, and then called him a d. -
--. They also stated that he took hold
of Noonan by the arms and pushed him
backward before he struck him the blow
with the controller handle. Other wit
nesses, l.. NJ. Ashby and John Freeman,
employees on other cars, testified to n
somewhat similar state of facts, but were
not near enough to hear the cursins,
v hich was said to have taken place.
The statement was made by Mr. Gra-
ham that he never was in the habit Of
using such language as had been i'm
puted to him, and had not done so on
this occasion. c. +. Farmer, w. J. Har-
ris and w. T. Brooms were put on the
stand to testify that they had heard Mr..
Graham use such language on other Oc-
casions.
The defense. represented by Messrs. ].
G. & d. H. Clark, made a claim of jus
tihcation and self-defense, basing it on
the testimony to the effect that Nj.
Graham had first assaulted or endeaVorcd
to assault Noopan. Solicitor General Fra
ser, for the state, made a strong argument
against the justification of the act. The
jury was out about thirty minutes when
it returned with a verdict of not guilty.