The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-29
PoNDER'S MOTION HEARD.
THE ARGUMENTS MADE BEFORE
JUDGE FALLIGANT.

Fair Confederation of the Facts
and should Not he Disturbed-The
Defense Claimed That the Jury
Went beyond the Evidence Which
Justified Nothing Further Than
Voluntary Manslaughter - No
Trouble About JurOrs-The Dia-
mOnd Robbery Suit.
The argument on the motion for new
trial for Thomas V. Ponder. convicted Of
the murder Of Frank keenan, and SEN
fenced to Imprisonment for life, was con-
cluded last night, and the papers in the
case are now in the hands Of the court
for consideration.
The grounds OF the motion, as set forth
in the application, are. first. the alleged
error of the court in overruling the chal-
lenge Of the array of jurors. Next, it was
claimed the verdict was contrary to law,
and contrary to the evidence. The last
ground was the alleged error of the court
In ruling out the foreman's report to Chief
Puder of the matters which led to the in
vestigation that afterward resulted in
Keenan's discharge. This latter point,
however, was not strongly insisted on.
No exception whatever was taken to the
judges charge
Hon. Pope Barrow opened the argument
for the defendant He devoted his argu-
ment almost entirely to the ground with
reference to the jurors who, 1t was claim
ed, were improperly put upon the defend
ant. Some of the jurors were not in the
regular panel of forty-eight drawn the
Monday before the trial. and others put
upon the prisoner, it was claimed, had al
ready served their full time Mr. Barrow
went into the law I'm such cases and
claimed that the court erred in overrul-
ing the challenge of these jurors.
Solicitor General w. w. Fraser took up
the case for the state at o'clock in
the afternoon. He began his argument
with reply to Mr. Barrow's statements
with regard to the jurors. He then quot
ed several decisions showing what was
necessary to constitute malice and the
dlHerence between murder and Volun-
tary manslaughter The jury is the judges
OF the law and the facts, and they apply
the law given in charge by the court to
the Facts as they receive them from the
witness stand, Mr.. Fraser said. Under the
facts IN this case, he said, there was ample
evidence to make out a case of murder,
ana as the jury so found the verdict
ought not be disturbed by the court
Mr.. Fraser claimed that il was a case
OF murder not only under the testimony
OF the state, but also under that of the
deIense, as according to Glass state
MS Dosom. If an assault had been made
on Fonder by Keenan,, and Ponder kflled
MN MN az the time in a moment of passion,
then II might be voluntary manslaughter'
Mr. Fraser stated; but IL as appeared
from the testimony, he followed up the de-
ceased and shot in revenge, then it was
case OF murder, even though an as
sault had been made
Mr.; t. S. Morgan, Jr, associated with
hr h. fraser s IN conducting the case, made
prleI argument, combining himself en-
tirely to the evidence. He contended that
there were several contradictions befUJesr
me evidence OF Glass and the statement
The argument was concluded for the de-
tense by Mr.. +. c. duBignon Mr.. duE3ie-
non non LOOK up the grounds that the verdict
MAS contrary to the law and the evidence
He held that under no view Of The aS,i.
dence could the case be construed INTO
one OF murder. Juries he said, were re-
CURED 10 judge case from the evidence
suDmtted, and when they go beyond the
evidence Arbitrarily, and say it is murder
slaugb d t oo,,i most only voluntary man
not only within the province, but it was
the duty of the court to grant a new trial
,L hnS JURY had not considered, he said
Whether the defendant acted under the
Tears or a reasonable man, threats having
been made to do him bodily injury The
SSI3li.Iaulctlons between the evidence of
Glass and the defendants statement he
sald were slight, and served rather to az
nrm than to deny the allegations of tba
S peteidse. lie showed that the difference
ter was difference between a mans life
ana one year Imprisonment the difference
IN the grade OF the crimes could be con-
sldered the same as the difference between
murder and larceny. He took IN every
feature of the evidence holding that ther;e
was no view or 1t which could make the
crime more than voluntary manslaughter
and II the assault had been committed as
claimed, and the defendant acted under
the fears of reasonable man then he was
The arguments began at 10 O'Clock in the
HioThlng ana continued until after z
O'Clock last night. Judge Falligant now has
the case under consideration.
There will be no difficulty between the
united states court and the superior court
on the question of jurors Chief Depnty
Marshal Asher Ayres, accompanied Nv
Deputy George White, arrived in the CITY
from Macon yesterday.
When asked about the jurors who had
been summoned to appear in both courts
the same day, Mr.. Ayres said there would
be no trouble whatever. He had looked
into the matter, he said, and those Jurors
first summoned by the state to appear in
the superior court next Monday mornine
at 10 o'clock had been relieved from re-
poenas at that time.
There is never any trouble in matters
OF this kind, Mr.. Ayres said. 1.-THE same
situation comes about quite frequently in
Macon, and the jurors always respond 10
the nrst summons served upon them from
whenever court it may come. Those iur-
court of Chatham county before they re-
celVed summons from the United States
court Will go to the superior court, and
the panel for the United States court viii
be completed when court opens on Mon
| day."
The trial of the case of Mary E I,ouph-
ran against Messrs. Watson q Powers of
the De Soto hotel was taken up in the
city court yesterday. The suit is for
$500 damages for the loss of diamonds
and valuable jewelry which was stolen
from the plaintiffs room when She was
guest in the hotel in 1898 1t will be
remembered that parties believed to have
been the thieves were caught in New
York. but for some reason were never
brought to Savannah for trial The plain
tiff is represented by Mr.. r. r. Richards
and the defendants by Mr.. w. r. Ieaken
The testimony was concluded yesterday
and the case will probably go to the iuTy
this morning.
Rad Fisher and Robert Stapleton were
round guilty in the city court yesterday
morning of the larceny of 81 from George
Williams. Judge Norwood sentenced
each of them to serve twelve months on
the chain-gang. Judge Norwood evident