The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-06-12
PONDER GIVEN A NEW TRIAL.
THE EVIDENCE DID NOT JUSTIFY
VERDICT OF MURDER.

]
/ and Disposed of In Six Minutes in
| the city Court-G. schuItes 20
Fight the Attachments Against
Him.
Thomas V Ponder who was convicted
I last February Of the murder OF Frank
7 keenan, and sentenced 10 life fmprison-
ment. was granted a new trial by Judge
I Falligant yesterday on the ground that
| the evidence submitted did not make out
I a case Of murder.
Judge Falligant at the time he signed
| the order. which simply says In a few
words that a new trial IS granted, made
/ some remarks from the bench as TO why
he granted H. He overruled the grounds
Of the motion with reference to the for
nation of the jury. and with reference 10
objections 10 the Introduction OF evil
| dence or the refusal 10 allow certain evil
| dence introduced.
He put his decision on the ground that
IL was under all the evidence submitted
a technical case Of voluntary manslaugh-
ter. and not Of murder. Ponder was in
the peaceable pursuit Of his duties, he
said, where he was bound TO be, and an
unexpected and violent assault was made
upon him by Keenan,. The evidence dis
closed that the shooting was the result
of that assault. The states witnesses ali
testified Judge Falligant said, that the
firing was as rapidly as a man could pull
the trigger.
The evidence further disclosed the
fact" he said, that there was no malice
on the part Of Ponder. which was nee
essary In order to make out a case of
murder. If there was any malice at all,
1t was rather on the part OF the unfor-
tunate deceased, who prosecuted the as
sault deliberately. though advised by the
chief not to go TO the fire headquarters.
Judge Falllgant afterwards stated to
tne attorneys interested. Messrs. Pope
Harrow and Fleming G duBignon and So
Hcltor General W. w. Fraser that If the
verdict had been one OF voluntary man
Slaughter. ne would have sustained IT. be
cause he thought IL was a technical case
OF voluntary manslaughter. But in view
or the law and the evidence he thought It
nus duty TO grant new trial. A close ex-
animation Of the evidence, he said, shows
no necessary conflict between the testi-
nony Tor the state and for the accused
as to what occurred inside tho building
ana before the parties reached the OUT
SIDE. The states witnesses did not see
what took place inside.
The case was argued before Judge Fal-
ll8ant ABOUT TWO months ago, and there
would undoubtedly have been a decision
much earlier had 1t not been for the fact
that the brief Of evidence in the case
which had to be agreed upon between the
counsel for the defense and the solicitor
general. was not handed TO Judge FaHi-
CANT until Monday, June /, the first day
OF the June term OF court. Until this pa
per was in his possession he could not
take up the case for consideration.
As soon as the new trial was granted,
Ponders attorneys at once made applica-
tion for bail for him. The court fixed the
amount of the bail at $1,000 which was
secured, and Ponder was soon free man
again Ills Dondsmen are Messrs. John f.
Lubs and w. I. Belford Ponder has been
IN jail ever since his conviction. II has
not yet been decided when his second trial
Will take place.
Judge Faligant decided yesterday that
Trinity and Wesley Monumental churches
We're entitled TO the dividends on the
southwestern stock, which was left these
churches in trust by Mr.. Robert McIn-
Mr. McIntlre some time before his death
left 200 shares of Southwes tern railroad
stock in trust, 100 each 10 Trinity and
Wesley Monumental churches. This
stock was left in charge OF Messrs
Samuel A. White and others, trustees Of
Trinity church. Wesley Monumentars
portion was subsequently transferred in
trust 10 the trustees of that church.
The declaration OF trust provided that
Mr.. McIntire was to receive the divi-
dends on the stock during his life, and
after his death they were to so to the
| benehciaries under the declaration of
trust About six weeks after Mr.. McIn-
tires death the Central Of Georgia Rail-
southwestern
Railroad Company back rental Of 5 per
| cent. per annum, amounting to Sl0.80 per
! share, and this was then declared as a
| dividend by the Southwestern Railroad
! Company to the stockholders This made
| the total amount coming to Trinity and
| Wesley Monumental churches $2,160.
The executors of the will disputed the
| title OF the churches to these dividends
and claimed for the estate that portion
/ Which accrued up to the time of Mr.. McIn-
| tires death. The trustees representing the
! churches then filed bill of interpleader
| against Messrs. John Houston and r. w.
/ Meldrim, the executors of the will, in or
! der to have the matter legally determined.
! Their right to file this bill was also dis
puted by the executors. At the cOnclu-
/ sion of the arguments made by Mr.. J. r.
/ Saussy representing Trinity, Mr.. s. b.
| Adams representing Wesley Monumental
/ and Col. VIM. Garrard representing the
| executors, Judge Falligant decided that
! the dividend was one paid after the death
/ of Mr.. McIntire and that under the terms
! of the trust the churches were entitled to
| receive it., lie also held that the plaintiffs
| had the right to file the bill of interplead-
! err He held that any fees should be paid
| out of the fun1, but left the matter of
/ costs to be determined later. Col. Garrard
! gave notice of his intention to take the
matter before the superior court.
The record was broken again in the
| city court yesterday. 4 suit against the
! Central railroad was fled and dockefed
| and a verdict for the plaintiff secured
! within exactly six minutes after the no
in court last week In which the verdict
| was secured in twelve minutes, but this
| one was even quicker.
1t was the case Of Bradley NJ Sellers
! individually and az guardian of While
Sellers against the Central of Georgia
! Railway Company. Willie Sellers a mi
nor, II years old, was passenger on the
| Lyons branch Dec. 3, 1895. At a point
| near Collins, In Tattnall county a coil
! of pipe inside the heater burst scaIding
him and inturlng him severely. Bradley
! Sellers sued for 500 on account of the
! loss of the boys services, and as guar
| dian of the plaintiff, sued for 81, 900 A
consent verdict for 800 in the piaintiff' :
| favor was taken. Mr.. Pearson Ellis an
! peared for the plaintiffs, and Messrs. Law
| ton and Cunningham for the defendants.
Early Wilson, colored child Of q
| years. by his next friend, Drew ri Ward
| sued the receivers OF the Electric Railway
| Company in the city court yesterday for
$4,000 damages for personal injuries The
plaintiff claimed he was carelessly and
| negligently run into on the night Of july
| 6, 1898, at CASTOR street lane and Prizes
| street, and had his right heel cut off and
| all but one toe on his left foot. The de-
| PENDANT of course, denied the allegations
of carelessness. The plaintiff was repre-
| scented by Messrs. T. S. Morgan. II r