The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-25
AN ACoUlTTAL FOR LOUD.
THE JURY RENDERS a VERDICT OF
mot GUILTY" AFTER -FOUR
HOURS.

The Court omciais say the 1tutt
Was Hampered by the Absence 81
Wftncsses-Strong Arguments and
Appeals Made Both by the Prose
cu5ion and Defense.
one minute gazing at the jury as fl
fled into the court room, anxiously stud
ying their faces. as if TO read therein
what so vitality concerned him, and the
next receiving warm congratulations Of
many friends-such was the experience OF
Charles D. Loud, accused Of the murder
of Phil II. Fitzpatrick. at o'clock last
night
The jury in his case had been out over
four hours. and as it finally filed into
court at G:5S O'Clock, the crowd present
watched it closely, scanning every face,
as if to read in advance the verdict it
had found. The verdict was handed 10
the clerk, and in a clear voice he read:
1--WE, the jury find the defendant not
guilty" a slight cheer arose, which the
court sternly checked. Loud's face as
sumed a smiling phase, the look Of anX-
iety fading out fast. The judge asked If
there We're any other charges against
him, and there being none. he was dis
charged. and the court adjourned. In a
moment Mr. Loud was surrounded by a
struggling throng, all ready to congratu-
late him. Among the first to shake his
hand were his brother-in-law, Mr.. Nixon
and the Hon. A. l.. Adams of Long Point
q friend of his.
The jury went out at 2:4s o'clock. 1t was
thought thai it would find verdict in a
short time, but as hours passed away, the
anxiety in Mr. LIQUIDS face deepened,
though he says he expected verdict Of
aequittal. At 6:45 o'clock the jury asked
for a recharge regarding the grounds of
justification, and then the hopes of the
defense arose, as they felt sure OF an &C
quittal then. Sure enough, after going
back the jury found verdict in a very
few minutes.
one OF the jurymen said last evening
that at first about half were in favor OF
manslaughter but finally the most were
won over TO an acquittal and at the last
charge, all came over and voted for mot
guilty" Seven or eight ballots were
taken before any partial decision had been
reached in the matter Had the charge
not been so direct as to justification and
the rights of self defense. the jury would
have found for manslaughter, so a jury
man stated.
Between the eloquence of T. S. Morgan,
Jr.. of the defense, in the opening, the
graceful, forcible, logical and sarcastic
sentences of the Solicitor General and the
fiery, impassioned and able address OF
Judge Twiggs, the spectators had their
full enjoyment during the day.
At few minutes past 10 O'Clock Mr..
Morgan opened for the defense. He pre-
faced his remarks by saying that he
didn't desire to make a speech, but only
to make a few remarks concerning the
law and the points in the case that were
allotted to him. He claimed that the state
must prove exactly what the indictment
claimed, murder with malice afore-
thought" The circumstances of the case
must be taken into considera-
ton and all matters surround
ing it, He spoke of the hotel at
Thunderbolt He claimed that there
were rooms at the first floor for the public
and that the rooms up stairs We're for the
dodgers alone. They were to be respected
and were the home of the occupants ana
by them to be protected from intrusion.
He stated that Fitzpatrick went up into
this part of the hotel thought the hotel
keeper pleaded with him and begged de
was warned against going, but persisted.
The parties in the room were there right
fully. Fitzpatrick, he said, when he en-
tered was tresspasser, burglar If you.
will A charge of that kind would have
been warranted had anything been miss
ing for instance. He narrated the efforts
of Mr.. Butler to stop Fitzpatrick and
claimed that the former was fearfully
choked and abused That If a landlord
tried to stop him, much more had the in
mates of the room the same right. The
section Of the Georgia code relating to this
was read and applied to this case. If
gentle measures failed, claimed the speak
er, then the inmates of the room were
Justified in using any force needed, even
TO killing.
I'm other words, gentlemen of the jury,
''said the speaker eloquently, under the
Georgia law when you are in possession of
a room, or in a room with another person,
who has a right there, no one under Gods
name can come in-you can defend its
sanctity. II they force their way in you
can kill the intruder
Mr. Aforgan's speech was a strong effort
and was listened to by the jury atten-
lively.
Solicitor General Fraser, in opening for
the state, read 10 the court the authori-
ties defining self-defense and the decis-
ions of the supreme court regarding it.
He claimed that the defendant must prove
that he shot to prevent felony, otherwise
st would be manslaughter. He then plung-
ed into the case. He ironically congrat-
ulated the defense upon keeping hid the
profession and residence of Mr.. Loud, in
the evidence. but said that 1t had been
found that he was a lawyer, anyway.
1T IS a remarkable case" continued
the solicitor general, in his smooth, melli-
ferrous, sarcastic tones, "a remarkable
case. The defendant is surrounded by
friends and lawyers, in fact, almost the
whole bar is taken up by his counsel,
while the states solicitor, poor, unfortu-
nate man (sadly), seems to have no
friends only one newspaper man who sits
by his side" (Alluding TO a reporter who
had taken his seat by the solicitor gen.
eral in order to hear better) This was
greeted by shouts of laughter, even the
judge joining in.
The defendants lawyers" he said
could almost make up a jury by them
selves. They consulted fifteen minutes
and then come up and ask for an acquittal.
They have the witnesses, but they don't
dare put them on
Mr.. Fraser spoke of Helene Stockton
as being one they dared not place on the
stand, though she was the one to clear
Loud If any one could. Only two per-
sons. he said. knew of the facts-Sofners,
who was in a distant state, and the fair
Helene He scored the defense for their
action in not putting on witnesses, telling
of the womans career and the part she
played in the tragedy. He spoke
Of LIQUIDS visit that day TO this
city; his going to Fitzpatrick $