The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-01-19
PONDER SEEKS A NEW TRIAL.
THE HEARING on THE MOTION SET
FOR SATURDAY, JAN. %.

The Result of the Case Discussed on
Every street COrner-The states
Counsel Not Surprised ut the YER
diet Under the EvIdence-The
Grounds OF the MOtiOn-what the
People Generally Are saying About
the Case-HOw the Jury stood.
The result OF the Ponder trial was the
talk Of the city yesterday. The opinions
Z expressed were various. but many OF those
who discuss It put it upon the general
grounds Of what they would do or what
I they think they would do under the same
] circumstances.
In spite of the determination of the
I jurors not to talk about how they voted
on the case, its exact standing on the
I first ballot came out yesterday. The jury
was eleven for murder with a recommen-
dalton TO mercy and one for acquittal.
The latter one. however, after further
elaboration on the case came over, which
made up the verdict as rendered.
Ponder's counsel. Messrs. Pope Bar
| row and F. G. duBignon, filed a motion
/ for new trial yesterday and the hearing
has been set for Saturday Jan. 25. The
motion in full reads as follows:
InOmas
Ponder-Indictment for murder in Chat
ham superior CORTLAND now at this. the
/ December term. 1895. of said court, at
which said term to wit: On Jan. II. 1886,
a verdict of guilty, with a recommendation
to mercy, was found by the jury. comes
I the said defendant, Thomas V. Ponder.
and makes this his motion for a new trial,
and files the same in Office and prays
hot he
/ be set aside and a new trial granted him,
/ upon the following grounds, to wit:
First-The court erred in oyerruling the
challenge to the array made and filed by
this defendant when the panel Of jurors
was put upon him.
| Second-The verdict is contrary to law
Third-The verdict is without evidence
to support it.
Fourth-The court erred in refusing to
allow the defendant to prove by William
! B. Puder formerly chief of the fire de-
partment of the city of Savannah, that
the foreman at the engine house at which
| Frank keenan, was on duty had reported
| to him, the said Puder, the conduct of
said Keenan,, which was the cause Of his
| subsequent discharge. The said defend
| ant contends that this was an official act
OF the said foreman, and was a part OF
/ the transactions of the fire department
| which was competent and material evil
| dence in the case.
| Wherefore upon these grounds this de-
| PENDANT prays that said verdict may be set
aside, and a new trial granted him, and as
in duty bound this defendant will ever
pray.
Barrow e. Osborne,
Erwin, duBignon & Chisholm,
Defendants Attorneys.
II is ordered that this motion be filed
and that the solicitor general be served
with copy of this rule nisi, and that
the state show cause before me on the
25th day of January. 1896, why a new trial
should not be granted in this case.
1t is further ordered that this order
shall operate as supersedeas of the
judgment in this case until the further
order of the court in the premises.
r. Falligant, Judge f. J. c. Of Ga.
The statement made in the report of the
finding that the states counsel was sur
prised at the verdict was, perhaps, mis-
leading. Solicitor General Fraser and his
associate also, Mr.. Il. S. Morgan, Jr., be-
! lieved under the evidence as il was pre-
scented to the jury, that the defendant was
clearly guilty of the crime with which he
stood charged in the indictment, and be-
lieving that the jury would follow the
evidence they expected such a verdict as
was rendered.
The idea intended to be conveyed was
that the friends of the dead man and
| those who took a stand against Ponder
We're rather surprised, because under all
the circumstances of the trial they rather
looked for verdict of voluntary man
slaughter. They took everything in his
| ldNoT INTO consideration, ana ala not base
their hopes any higher than this But the
prosecuting counsel who made a thorough
study of the case and all the testimony
looked for just such a verdict as was rem
dered, under the evidence
| Ponder is, of course, still in iail and will
remain there until it has been determined
whether he is to have a new trial If a
new trial is granted then the court can.
| in its discretion, admit the defendant 10
bail, If II is seen fit but if no new trial
| is allowed and the case goes to the SUI
preme court, then the defendant will not
be allowed to give bail.
| Ponder's friends are very hopeful that
a new trial will be allowed, and express
IT as their opinion that he would stand q
better cnance another time 1t was
talked on the streets Yesterday hovever
that two witnesses have been discovered
whose testimony would be quite damaging
70 the defendant, in fact, more so, If any-
thlng, than that which has been presented
IN case there We're new trial Thev are
reported to have seen the difficulty and
say that Keenan, did not strike the blows
as was asserted by the defense They
Kept out of the way before the trial. il is
stated, because they did not want to 90
on the witness stand, and thinking that
everything was over they gave it away
lhat they knew something about it.
heenan friends express the hone that
a a., new trial Will not be granted and that
the case may go to the supreme court
Ihey believe the evidence was sllch &C To
fully warrant the verdict
Inc result OF the case has brought about
an argument on every street corner and
the whole proceeding will be closely
watched to its final conclusion.