The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-01-17
TWO VIEWS OF THE EVIDENCE.



tl- EFF his own mind II abOunded in
-A- roetry, fancy and perhaps some
Sd, nobody suppOses he is the author
G man who fires three or four shots
- hard case IL Is always claimed the
- Slot vas hred in the air. he viii
l.5-4DIv tell you, too, that the deceased
-rI- hand TO his hip pocket, but IN
I- 1-a YOU viii remember that accord
70 ponder's statement Keenan, made
W. l-r motion until Ponder FIRST attempt
D. - T-sw his pistol from his breast In
q cases he said the dead man Is too
go s1reo-ten. Remember the spirit that
o-rs-in-- around waiting for Justice
.Immenting on the testimony ne
~ +fqt is the easiest piece Of Glass TO
sa -F-8ugh he had ever seen. He spoke
--ltauuiug Knight Is the darkest hnlgnt
@ ever seen, the witness having for
p KS testimony as soon as he had gone
With regard TO the testimony,
fa said 10 was practically Impossible Tor
II trs witnesses TO agree on all the de
er- and that there could be no possible
tr why the witnesses for the state
l-1rH swear falsely in the matter. kee-
- lad the opportunity when Ponder feii
--r his knees if he had had murder in
DE- s-seran's blows. he said. had been care
sHr located, where they would not show
sounds. An assault anu battery, he
- never justifies "a homicide. He read
~ Ease in 5lth Georgia reports, page
IA. a1 applicable to the case.
-Y-- must find that the danger to Pom
5- MAS so great" he said to the jury,
49,. 80 was absolutely necessary for him
10 Shoot 10 save his life. The man who
-6r.ateued to kill Ponder could not be
f,HI Ponder was the only man who
sad Keenan, put his hand 10 ms mp
noeke5. not one of the other witnesses
Kan referred to 1t, or would agree to it,
I'm Morgan appealed to the jury to
consider all the circumstance surround
t7a rae two men. Crime" he said, was
iE. 3 fire: if neglected it would spread
-7ufIiv through the community. II IS
r5- tie man you are trying, he said, but
: principle of law, ana II ne IS gullIy ana
Tog convict him, there will not be so
many murder trials in your courts.
All the conclusion of Mr.. Morgan's ar
eIment Mr.. duBignon asked for the
s-4-e's law on the subject Mr.. Fraser
fead several supreme court decisions in
fhe line of the case, and showed under
what law of the code and decisions he
v-1rfd contend that the defendant was
rriiltv of murder or voluntary man
Slaughter according as the jury believed
that keenan, did not, or did make d VIC
lent assault upon Ponder. Under none
III the evidence, and not even under the
defendants own statement, was he Justl-
hed In the homicide, Mr.. Fraser said.
1.-THE state would contend that it was
murder or voluntary manslaughter, ac-
clrdmg as the jury viewed the evidence.
He quoted the code to show that menaces
Or C0utemptuous gestures on the part OF
the deceased could not reduce the crime
from murder 10 manslaughter.
Mr. duBignon, who spoke next for the
sfandpont said MIR. Fraser had wholly
forgotten the doctrine of reasonable fears.
H- quoted several legal extracts to show
that there have been cases where superior
Tbvsical strength justified the use of dead
iv weapons. He said that there was as
much right in acting against apparent
danger under reasonable fears as there
was when the danger was real. This was
the doctrine of reasonable fears based
upon apparent danger. A man, he said,
had as much right TO defend himself
am ~ ,faf f1 a. ha hu inst
a loaded pistol. He said he would ask
the court 10 charge that if considering
all the circumstances, the jury believed
or had a reasonable doubt as to reasonable
fear on the part of the prisoner, he was
entitled TO the benefit of the doubt ana
the shooting should be attributed to those
fears and not 10 the desire for revenge.
Mr.. duBignon then addressed himself to
the jury.
''There was no wicked malignity, no
murder Ia the case" he said.
As YOU have seen We base this case on
the law OF self defense, a law that is old
o. the world itself, and which has its
seat in every human heart The vilest
worm that craWls upon the ground viii
turn and sting the enemy that attacks it.
My friends will look in vain for any de-
cisiOn which requires a man to either
run or holler before he can protect him
self or defend his life.
II won't discuss the evidence in this
case, though there are some facts which
cannot be denied, at least l hope they
the solicitor general in conclusion, its his
office, it $ his duty. l don't expect him to
so to the extent of the associate coun-
sci, however, who was hired to hang that
defendant ! can almost see the bloody
dollars as they fall climbing into his pock
et dripping with gore.
The state has systematically kept from
boln lne grand and petit jury the origin
or this difficulty or that indct-
ment would never have been found. They
indicted him for murder because they
rod nfN f4F rrean
Ihey ask why Beranc was not put up He
was sworn as a states witness, and he
was not put up because he saw keenan,
strike Ponder. Nobody doubts or denies
lhdl Keenan, was the aSSailant, that
Londer was where he ought to be and
heenan was where he had been forbid
zen TO- do: Where's Duffy? Where's
MaloneY They were going along with
heenan to see the licking well done, and
lAdJ why they were not put up"
an IN showing the pistol to the jury, Mr..
uuhIsnon began to make gestures with
y ana when someone gave the sugges-
tiOh to lookout, Mr.. duBignon jumped
around quickly and asked if it was load
In regard to Ponder's statement, Mr..
guBlgnon repudiated the insinuation that
te mad prepared Ponder's statement for
nlln. lie said he had never even so much
a. suggested a word or an idea in the
statement the defendant made
,Nhen he spoke of the statement Mr..
fraser called his attention to the fact
=; tnt{ what he was talking about was not
III the evidence.
No" Mr.. duBignon said, ATS Ponders
Statement but it would have been in
!He evidence if could have got Duffy on
the stand"
The state says there was no attack
because there were no bruises on Pom
ger. suppose the state wanted Ponder
70 SIT right there and let Keenan, smash
nlhi right in the nose. 1t is the most
natural thing in the world TO dodge when
d man strikes a, blow at you.
1T lrrecOncilable conflict of testimony,
Is 10 the main facts, is a sign of good
Witnesses, then the state had the most
anasnl1cent array of witnesses that ever
appeared in the court house. There are
Two men who both swear they reached
HTeenan first after the shots were fired.
Le9ders searched him for weapon. He
sdld some one else began the search but
14dl somebody else has never been found.
1e said he searched because some one
made the statement that Keenan, had
uled TO shoot Ponder. Ponder himself
says Keenan, told him: You can't
PUN me; I've got one, too
now, amt that confirmation as
strong as holy writ. All of the states
Mihesses disagree as to the POSITION OF
Heehan $ hands when the shooting was
CC9ne. Glass testimony is unassailed and
tIupeachable, Counsel says he IS a Glass
oLa{ IS easily broken. imagine counsel
S3utl break glasses himself, and at times
TS MI touching them. This man HAS