The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-06-19
GUEST QUICKLY ACQUITTED.
SECOND TRIAL N THE STEPHEN
GIBBONS HOMICIDE CASE.

Wife and Two ChiIdren-NO TeSfi-
mOny TO show That He Fired the
Fatal ShOt-Au of His Shooting
said TO Have Been Done in self
Defense The Shooting Again
Charged Against the Absent Mo-
tOrman-The Case of Connolly and
Floyd May Be NOIIe Pressed.
The jury in the case of f. L. Guest,
charged with the murder Of Stephen Civ
ems or Gibbons, colored, was out scarce
ly five minutes yesterday afternoon, when
it returned with verdict of not guilty.
The trial began at 10 o'clock in the
morning and was concluded about $50
o'clock in the afternoon. His acquittaI
was predicted by many from the start,
because of the fact that d. p. Walker.
who was charged with having taken the
principal part in the affair." had already
been tried and acquitted
The difference between the case of
Walker and that of Guest was that it
was made to appear that Guest before
the coroner's inquest had taken the
blame upon himself, and that there was
testimony then given to the effect that
he had done the shooting.
There was little trouble securing a Jury
Three panels were drawn, the defense
struck seventeen, and the state three.
while three went off for cause. The jury
was finally made up as follows: George
H. Cook, Osgood N. Berry, Lawson ].
Neville, John B. Harvey, Richard W.
Farr, R. c. Fetzer, Jr., Albert L. Rees,
Arnold Seyden, Henry A. Ernst. Henry
Garwes, George c. Haywood and Henry
L. Richmond.
The killing in question took place Satur-
day night, Feb. Is, about midnight or
shortly before, near Jasper Springs at the
end Of the West Savannah street car line.
Guest appeared in court yesterday with
his wife and two children, a young boy
and baby. They were accompanied by a
friend. Walker was also present during
the entire trial, and sat near Guests at
torneys.
There was no testimony to show that
Guest fired the fatal shot William o.
FLETCHER, the first witness for the state,
and the witness who has been known
throughout the trial as the mayor of
Woodville, ties titled that the car left the
market at IL O'Clock with forty or forty
i've negroes aboard, and that four white
men with pistols got on at the coal chute.
one of the men said he stated that trouble
was expected, and he was going 10 see it
out, and that he was going to protect the
car as there had been hell to pay on it
the Saturday night before. When the car
reached West Savannah, near Jasper
Springs, he said the negroes got off and
the white men followed them. He heard
four or five shots, he said, the men came
back to the car which was started of
with the lights out. That was all he knew
DR.. b. F. sheftall testified that Owens
was wounded in the left side.
L. F. Granger, the conductor on the
car the witness whom the state had to
send to Bryan county for, said he saw
no pistols when the mer got on the car,
and that everything was quiet until the
car reached Jasper Springs. There, he
said, both the negroes and the white men
left the car and went in the direction OF
the Augusta road. He heard four or five
shots after which the men came back to
the car, and when 1t started. he said
Guest pulled his pistol, which was empty,
and exhibited the empty shells and stated
| he had shot a negro in self-defense. He
| said Guest told MIN that the negro at,
| tempted to shoot him when he grabbed
| the pistol by the barrel with his left hand
| and fired a shot at the negro to protect
| himself. Granger said he saw the powder
/ marks on Guests hand. Granger also tes-
| titled to the trouble that had taken place
| the Saturday night before.
William Baxter, colored, testified that
he was on the car and saw four white
men get on at the coal chute. He said
| they began to curse, and when they
| reached the end of the line, followed the
! negroes down the road, and that some
| body knocked Givens down, and some
! one said: XIII the - -" Guest,
| he said, fired two shots in the air and the
tall man, meaning Walker fired one shot
| directly at Owens.
Ed Bacon, colored. who was also on the
| car, said he saw the four white men,
| and he pointed out Guest as the man who
| knocked Owens down. When Givens got
| up, he said, Guest fired two shots at him.
| He also spoke of the tall man firing a
| shot at him and making the remark as
| stated above.
Detective Godbold was put on the stand
to testify as to statement Guest made.
! He said Guest remarked when arrested:
! well, boys, the thing is up. I will take
| the blame. 1 did it in self defense"
FTfwr~r. fkrra- he nj 70
| identify the pistol. and then followed the
( defendants statement, the defense having
/ concluded not to put up any witnesses.
| The defendant said he had acted only in
! self defense that the negro tried to shoot
/ him. wheiI he caught the negros pistol
| with his left hand, ard fired a. shot, but
! did not shoot directly at the dead man.
/ He afterwards fired twice in the air. He
! said in effect that the shooting had been
! done by q party not under indictment
! meaning Borders, the motorman of the
| car, who has not been heard of since the
| four men who were indicted were placed
under arrest
| Mr.. T. S Morgan, Jr, opened for the de-
| Tense in a strong argument. He was fol-
| lowed by Solicitor General w. W. Fraser
| for the state, and Mr.. w. F. Slater con-
! cluded for the defense. The state claimed
| that whether Guest was the man who did
| the shooting or not the crowd had gone
/ there for a purpose, and that Guest was
! equally responsible with other members
\ of the party who went out to do the shoot
| ing. The court too, charged to that eff
| feet. The attorneys for the defense ar
/ gued that the fatal shot was not fired by
| the defendant and that the shooting done
! by him was merely done in protection of
/ his own life. They sought to place the act
/ of firing the fatal shot upon the absent
| motorman, Borders.
| 1t did not take the jury more than five
/ minutes to reach a verdict of not guilty.
1t has not vet been determined what viii
/ be done in the cases of J. e. Connolly and
/ Fred Floyd, who were indicted Jointly
4 with Walker and Guest, but as the two
/ already tried .were considered the princi-
! pals in the affair, it is more than likely
| will be nolle pressed. It would appear
| from the results already had that there is
| trial and the cases viii in all probability
! take this course.
A Sinking Fund
OF vital energy is easily and pleasantly