The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-01-16
TELLS WHY HE SHOT KEENAN,.
PONDER SAYS He WAS COMPELLED
TO DO 1T TO SAVE. HIS LIFE.

keenan, Had Threatened 10 do
Him. He says. and He Put the Pts
toI in His Breast for SeIf-PrOtee-
tfon-Hfs Statement Followed the
Testimony forF the State-seVernl
Witnesses said keenan, Was Re-
treating when the shots Were
Fired-Two Witnesses Who say
They We're the First 10 Reach the
Dying Man-The Defendants Tes-
timony Not Yet Concluded.
The trial OF Thomas Y. Ponder is not
Yet near its conclusion. though it is pos
sibIe the end OF il may be reached TO-
DAY. Mr. Henry w. Butler was sworn
as the twelfth juror shortly after court
convened yesterday, and The trial was pro-
ceeded with.
The state examined some nine or ten
witnesses. insisting an the time upon its
proposition Of murder Some rather strong
testimony was brought out at times, but
under the fire Of the cross examination
by the defendants counsel there were
some contradictory statements, the effort
being made all the time to bring out the
defendants side of the case.
AT the conclusion of the testimony for
the state the defendant made his state
ment TO the jury. The statement was
clear and forcible one and dealt with the
difficulty from its inception Then several
witnesses for the defense We're sworn, but
the court adjourned about o'clock with
out having concluded the defendants tes-
timony. Several other witnesses for the
defense will be put on the stand this morn
ing, after which the arguments will be
made.
1t did not take long to get the twelfth
juror when court convened. Henry W.
Butler, the second man of the first panel,
passed muster and was sworn I'm about
a quarter past ten O'Clock.
Thomas vi. Hazlehurst, the first juror
called, was struck by the defense. j. j.
Horugan was thrown out of the panel on
account of the fact that in the jury box
his name was spelled Harrigan. This
made total of fourteen strikes for the
defense. and nine for the state, with the
same number, siXty-one off for cause.
There were in all nine panels or Jos ju-
uors put upon the defendant and TWEEN
ty-One We're left in court TO select from
in case the twelfth man had moi been Sc
cured so early. The jury as finally made
up is as follows: Charles g. Lebey, John
NJ Doty, Robert i. Royal, William Cox,
Arthur c. Craig, James NJ. Wilbon, S. L.
10
Tyson, John w. Siday, John NJ. Quantock
and Henry W. Butler.
A recess Of ten minutes was taken as
soon as the jury had been secured in
order TO allow the state TO get the wit
nesses together. During the recess the
defendant and his aged father conVersed
earnestly together Both appeared some
what careworn and anxious, as whatever
the result anticipated, IL is necessarily a
great strain upon both Of them. The case
was discussed somewhat around the court
frafs MO-
INDUCED in with regard TO it, Few, how
ever seemed to think a conviction pOssi-
bic under the circumstances, so far as
the matter had progressed.
After the recess the indictment for muir
der was read to the jury by Solicitor Gen
eral Fraser and the definition of murder
was given. The state made clear that il
intended to show that either four or five
shots had been fired the evidence being
imperect as to the number of shots The
shots We're fired by Ponder upon keenan,,
as he retreated, holding up his hand.
keenan, was unarmed.
DR. r. b. Harris, the first witness for
the state, said he made an examination and
found two pistol shot wounds, one in the
right side Of the neck, and the other in
the right temple fracturing the skull.
Either one of which would have pro-
ouced death. He died while an effort was
being made TO dress the wounds. He
thought IL was about 4 o'clock in the az
ternoon. 1t was in June, but he did not
remember the exact day. DR.. w. +.
Aiken, he said, was there when he ar
rived
James J. Buckley one of the hremen.
was the next states witness. The affair,
he said, took place the afternoon of
June 6. Ponder at the time was engineer
OF No. 3, and Keenan, was hoseman of
the chemical engine. He saw keenan, that
afternoon a little while before the shoot
ing. He heard four shots in rapid sue
cession. Keenan, had been talking to him
and Jack Handy, who was injured at the
Goldman cigar store fire the night before.
The witness described Keenan, trying to
save himself from falling by holding to
a tree.
men to revisit the headquartersY Mr..
Fraser asked.
on objection from Mr.. duBignon this
question was ruled out.
On the cross examination Buckley said
the bullet was taken from the back in
stead of the front of the head. He said
Keenan, appeared to have had a drink or
TWO, just enough to make him jolly. Frank
kearney, he said, was the only one with
him at the time he was falling
Was Keenan, regarded by you as the
best man physically in the department
Was he not regarded as an athleteg'
was asked.
NO the witness replied. He stated
That the shots We're fired very rapidly,
one right after another. There was no
deiberation about it, he said.
Moses Gordon, messenger for the Pos
tai Telegraph Company, a boy Of about
j years, was the next states witness.
He said he saw Keenan, facing the en-
Slue mousse, ana saw 1Onuer Ure four
shots. after which keenan, staggered
backward to the green and fell. Ponder
he said, walked to a policeman and gave
himself up. keenan, had nothing in his
hand, he said. Gordon said he ran away
after the shooting.
what time was it when you ran away?"
Mr.. duBignOn asked
I didn't have no watch was the an
swer which brought down the house.
DIT. w. +. Aiken, who was the first ply
stefan to reach the wounded man. gave
some testimony as to the nature of the
wounds, and the necessary positions of
the parties in order for them TO be in
fiicted
Thomas Moffat a carpenter who was
working across the street from the en-
CINE house. said it took place just one
minute after O'Clock. He said he saw
keenan, retreating with his arm held up
and his side turned 10 Ponder. Under the
cross examination the witness stated that
keenan, had his left side turned toward
Ponder while the shooting went on, but
the other evidence showed that the
wounds were ON the right side
Archie Paul, another carpenter said he
saw the shooting and that Keenan, had
both arms raised. lie said Ponder came
round in front and fired up in Keenan's
face.
Coroner GOette testified as to the pistol
with which the shooting was done, the
pistol taken from Ponder being nut in
H.a5-, a