The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-24

| often and took drives with her. He did
| not think that Fitzpatrick knew Of this.
| A letter was shown the witness. which
/ he Identified as being in Miss StOckton's
/ handwriting. Mr.. Loud came in that
/ Tuesday about or $50 o'clock D. m. He
/ went into the bar, and according 10 the
\ witness. appeared 10 me nervous. The
/ witness testified that Miss stockton went
| TO Washington for short time, but as
I the letter had some connection with
l this. counsel for the defense moved to
I exclude It, and the judge SO ruled The
/ cross examination By Mai. Meidrim was
very searching, but the witness did not
| deviate from any Of his statement In any
particular.
Daniels was recalled here 10 identify a
] fine. goliheaded cane as being Fitzpat-
rick's He testified that this cane was not
/ taken by Fitzpatrick when he went down
/ 10 Thunderbolt that day, il was hanging
up in the room.
Harry Kennedy. who had been summoned
from Atlanta TO testify for the state, was
then sworn. He told OF the fuss Fitzpat-
rick had with Butler and stated that the
former was not drunk After the men had
been released. Fitzpatrick. Kennedy,
Fountain and Somers. were in the restau-
rant at Buffers when the boy Charlie,
who works for Butler, handed Fitzpatrick
a note. He read IL and then bringing MS
fist down on the table, exclaimed, 'Il see
ncE ABOUT T. OF 1 II see duDAL H. anu
rushed of up stairs. Soon witness heard a
humping noise and Immediately after
three shots. He rushed up the stairs and
met the woman coming down appearing
greatly excited. He went up stairs and
found the body Of Fitzpatrick near the
top OF the stairs. and Mrs. Butler was
near by in a fainting condition. Marshal
Lentz came right along too. When Fitz-
patrick went up Somers went along, too.
He was at top OF stairs; Charley Lamy
was also there. Soon the witness heard
Loud calling for the marshal. The latter
went IN that direction and Loud surren-
dered and gave him the pistol after asking
him IL he was an officer. Loud also asked
his protection saying that II he gave up
his pistol the marshal must protect him.
The marshal then took him of. Fitzpatrick
had no weapon nor any kind OF stick on
his person or near him, said the witness
Fitzpatrick, the witness claimed, was not
drunk. The cross-eXamination was severe
The witness admitted seeing the broken
panels in the door Of the room and the
counsel for the defense made this espec-
tally prominent for the jury and also the
fact that Loud asked for protection
Harmon Lentz, the marshal OF Thunder
bolt, told of the fight in the earlier part
of the afternoon between Fitzpatrick and
Butler. He arrested them, and after they
had secured bond released them. He
then ran down there and went up stairs.
He met Helene Stockton coming down
stairs, supported by Prof. Zeno. Going
up stairs, he saw the body of man ly-
ing on the floor, and going into the par
lOr he saw Butler with a lamp. He fol-
lowed through to the hall again and then
heard some one calling for the marshal.
He went into the room, and Loud met
him, holding his pistol in his hand. The
latter was delivered to the marshal as
soon as he had told Loud who he was,
The pistol was shown here. 1t was
Smith & Wesson 5-shot, double-action re-
Volver, 3S-caliber, pearl-handled and sill
yer plated. Three chambers were unload
ed and two loaded. when delivered to the
marshal. He saw no stick or weapon
there.
Mai. Meldrim brought out on the cross
examination the fact that Fitzpatrick had
promised the marshal to go back to Sa-
vannah after the Butler row, but he didn't.
The witness had seen the broken panels
in the door. Fitzpatrick had fallen about
twenty feet from the door. He had fall
len face downwards and towards the stair
way. When asked If a man would be
likely to fall that way, if he came out of
the room. the witness said yes. Loud was
in the room partly out of the window. A
picket fence surrounded the hotel there A
small shed or roof, came up to the window
Mr. Meldrim asked If Fitzpatrick wasn't a
big, stout man of great strength, ETC.,
making the most of the occasion for the
benefit Of the jury. The witness admitted
that Mr.. Loud stated that he wanted pro-
lection and was particular In demanding 1t.
Mr.. Fraser provoked some laughter by
comparing the supposed huge bulk of
Fitzpatrick with the marshal and asking
what need there was Of protection for Loud
The witness admitted he knew of none,
but thought the prisoner thought there
might have been"
The window opened to the shed roof.
which was ten feet or so from the ground.
Mai Meldrim succeeded in making the wit
ness admit that the roof was quite steep
and dangerous and that the pickets were
sharp.
J. A. Sawyer living near Buffers place,
testified to seeing Loud out on the window
ledge. He saw the blinds fly open and then
he heard two shots. though he did not see
the pistol He then ran off for fear of get
ting hit. He had seen both Fitzpatrick and
Loud that day. Fitzpatrick had drank
with him, but he didn't think the latter
was drunk.
Several of the other witnesses were here
recalled to give evidence on minor points
as to Fitzpatrick being at the funeral,
etc.
In the afternoon Frank Gonzales proved
the sensational card. He appeared for
the state and told of his knowledge Of
the case, but with strange reluctance
that the solicitor general noticed, but
could not account for. Gonzales stated
that he had been at Buffers ever since
they had started. Miss Stockton had en-
gagged her own room there. Loud came
down at times, but he did not know where
he stayed or slept He never called for
a room No. where Loud generally stayed,
was Miss Stockton's, he said. He had seen
both Loud and Fitzpatrick there during
the day He did not think that the lat
ter knew of LIQUIDS presence. He had
been called by Fitzpatrick to go up and
ask Miss Stockton to come down and
drink with him. Mrs. Butler told me to
say that Miss Stockton was out. He went
up stairs and a package came for her.
Fitzpatrick called Butler to one side and
they went up stairs together. They tried
the doors of several rooms and among
others his. Mrs. Butler interfered and
told Fitzpatrick that he couldn't search
her house. He told Of the row which fol-
lowed in little while in which Butler
got beating. In the evening, when Fltz-
patrick came back, he sat at a table eat
ing and drinking. Mrs. Butler went up
to him and said that he was a nice man
when sober. This made him mad. and he
seizen a bottle and brought it down
/ - 10