The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-04-03
LIE STATES WEAK EVIDENCE.
1T RESULTS IN ID. p. WALKERS
SPEEDY ACQUTTTAL.

The Jury Took One Ballot and Was
Out But Little More Than Five
1Iinutes-COrOner GOette the Last
witness for the State-WaIker
Made a Brief and Clear Statement
Denying Positively That He Had
Anything to Do with the shooting.
Guest to BE Tried at This Term.
d. P. Walker was acquitted in the SUI
perior court yesterday Of the charge OF
murder Of Stephen Owens. the jury reach
ing its verdict on the first ballot.
From the testimony OF the states WIKI
nesses the day before il practically con-
Guided that a verdict for the defendant
was inevitable. There was contradiction
after contradiction, and not one witness
was able TO swear positively that he saw
Walker with d pistol. or saw him fire the
fatal shots.
The trial was concluded yesterday, much
quicker than IL was thought would be the
case The state had many more wit
nesses. but their testimony was in sub
stance the same as that already given,
and it was considered unnecessary to put
any more Of them on the stand.
Coroner Goette was the only other wit
ness put up by the state. He testified as
TO the coroner's inquest, and also to the
fact that the witnesses who gave evidence
at that time identified Walker and Guest
as the men who did the shooting.
The counsel for the defense put up no
witnesses. Walker himself took the stand
after Coroner Goette's testimony. and
made a clear, brief statement. He said
he and the other men indicted We're on
duty the night in question, and hear
ing from some source that a West Sa-
vannah car was of the track, they boarded
Conductor Changers car and went out to
aid in getting the car back. as is custo-
mary with the men not on duty. There
was no quarreling Or fighting on Con-
ductor Changers car when they went out
with him on the last trip he said. AT
the end Of the line, he said, Guest had
some trouble with Owens, and fired shot
in self defense. but the man who followed
Givens and who fired the last shot, he
said had not been arrested and brought
10 trial. He was evidently referring to
Borders, the missing motorman, who, &C
cording to the evidence given the day
before was man about walkers size,
and who also had on light overcoat.
Walker positively denied that he had a
pistol, or that he followed Givens when
The examination of the witnesses was
conducted for the defense by Mr.. a. S.
Way in a very able manner, who, in
several instances, made il apparent that
they could not swear positively TO ma
teral facts.
Mr. T. S. Morgan. Jr.. opened for the
defense. dealing largely with the evil
dence, and making a logical argument
based upon it. Solicitor General w. w.
Fraser made a strong argument Tor the
state. He insisted that there should be
a conviction undkr the evidence, ana
even though the jurors might not be
thoroughly satisfied of its being conclu-
sive as to the charge that Walker nred
the fatal shot, the defendant should be
held he said because he was there and
had a prominent part in the difficulty
from which the death resulted.
Ex-Gov. John c. Sheppard of South car
DINA made the concluding argument in
Walkers behalf. He brought eloquence,
humor. and pathos IS well as logic 20 bear
upon the case. He alleged wholesale per-
jury on the part Of the states witnesses,
calling attention to nineteen contradic-
lions on material points. Only one wit
ness had stated that Walker fired the shot,
and subsequent testimony showed that
witness TO have been pity yards or more
away at the time, and- the night black,
dark one. He went through the testi-
mony of several of the witnesses, citing
material contradictions, and Illustrating
many points with bits of humor which the
Judge FaiIigant delivered a very clear
charge upon the law, instructing the jury
as to its duties, and the Importance OF
careful consideration of the matter in
hand The jury then retired, though IL sub
sequently appeared that retirement was
practically unnecessary, took one ballot,
and sent back word that an agreement had
been reached. Walker was congratulated
by his friends upon the quick verdict and
result of the trial in his favor
Guest is still in jail and will probably be
tried at the present term of court His
confession of the fact that he had a pis-
tol and that he fired shot at Owens,
makes his case differ somewhat from that
of Walker. The other evidence, however,
is practically the same, and IL is apparent
that he was not the tall man with the
light overcoat on. The course to be pur-
sued with regard to Connolly and Floyd
will no doubt depend largely on the result
in Guests case. Connolly and Floyd are
both out on bond