The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-01-18
PONDER SENTENCED FOR LIFE.
THE VERDICT GUILTY WITH 4 REC
OMsIENDATION TO MERCY.

Ii Took the state by Surprise as Melt
as the Defendants CounseI-Ihe
General Opinion seemed To Lean
Toward "a Verdict of Voluntary
Observation-Disclosures Taken 10
JaiI-A Motion for New Trial 10 BE
Made To-day-There VIII BE An
other Application for Bail-The
Prisoner Much Broken III over the
Verdict. hut His Friends Hope for
New TriaI-IIow the Jury stood.
Thomas Y. Ponder was found guilty last
night Of the murder of Frank keenan,,
with recommendation TO the mercy OF
the court
Judge FaIIigant had tho usual sem
tence prepared. and without comment read
10 the prisoner. the latter standing. the
order which sentenced him 10 spend the
remainder Of his life in the penitentiary.
There were very few people In the
court room when the verdict was an
nounced The charge of the court was
concluded shortly before 2 o'clock, and ia
the afternoon "a large number of people
hung around waiting for the jury, but al
G O'Clock the lights were put out and the
court room was vacated About Z o'clock
the jury announced that it was ready
with verdict. and the attorneys who
had been expecting an early conclusion
happened to be near at hand.
TheRe was much surprise on all sides
when the verdict was read. Keenan's
friends and the counsel for the state
thought that justice demanded at least
a verdict of voluntary manslaughter, but
the most sanguine of them did not eX-
peet anything more than this. Ponder's
friends and his counsel were sanguine,
but afraid of a verdict Of mansiaughter
but did not see how the evidence or the
judges charge could possibly justify a
verdict of murder.
Impartial spectators Of the entire pro-
ceedings were agreed on practically one
Of two things: They considered that he
could not justly be acquitted under the
evidence but that the verdict would be
either manslaughter or a mistrial In
fact, many considered mlstrial decided
~ probable. on account Of the fact that
the case had been put in so many dir-
ferent lights by the counsel on both sides.
But the verdict of guilty. leaving out
the question Of the personal opinion Of
many as to what ought to be the case,
was a surprise all around. The state APP
peared to consider the charge Of the
court somewhat Al the DEFENDANTS favor.
though the latter's counsel. and many
Of those who heard 1t, considered that il
very accurately applied the principles of
law laid down.
Ponder himself was very much over
come by the verdict. His friends were
with him, however and they urged him
not to give way under it, as they consid-
cred il better for him than if Ii had been
manslaughter. The case was viewed by
many as typical case of manslaughter,
though that depended on the light I'm
which the jury viewed the evidence. But
the judges charge seemed to Indicate if
anything, that IL was a case containing
rather the elements of manslGughter than
of murder, and for these reasons his
friends endeavorcd to console him with
the fact that it would probably be an
easier matter Tor him TO get a new trial
than would have been the case had he
been convicted Of the lesser grade of
crime.
Ponder, however. could hardly see IL in
that light. He vas taken in charge by
the sheriff and carried to jail where he
Will remain until some new turn is taken
in the case.
The defendants counsel. Messrs., Pope
Barrow and +. G. dul3ignOn, will file a mo-
ton for new trial to-day, and will have
their brief Of evidence in the hands of the
court within a weeks time. They appear
better satisfied with the verdict than if
II had been manslaughter without recon-
mendation, as they seem to consider they
could hardly have secured a new trial in
the latter case, though they do not feel
that their client was morally guilty of
as motion for new trial is made an
other application for bail will also be put
before the court. Friends of Mr. duBig-
non say that this is the first murder case
he has defended in which the verdict has
gone against him.
The proceedings of the trial yesterday
appeared fully as interesting TO the spec
tators as those Of any day previous lof
the four during which it has been in
progress. The court room was crowded
before 10 o'clock, and when the court con-
XeneO standing a or
premium than it has been at any stage
of the case.
When yesterdays proceedings began
Mr.. duBignon opened briefly by quoting
Mundy VS.. the state, where the defendant
cnoked the plaintiff, and was convicted
of the charge of assault with intent to
murder though he had no weapon in max
ing the attack.
Mr. Pope Barrow closed for the defense.
He spoke for some time on the gravity
OF the case in relation to the morals of
the community.
How far can man go when he is in
his lawful place of business and is at
tackled by a man his superior physicallv?"
he asked. The doctor, the lawyer, the
merchant all want to know how far they
can lawfully go to repel assault.
within the last six days" he said. "the
supreme court in the case of Strickland
against the state has spoken on just such
Mr.. Barrow dwelt for some time on
what he said the law demands that Pom
DER should have done under the circum-
Should he have gotten out of the way
or shout and below like a calf?" he asked
1T is not what your heart tells you to do,
It is not what my heart tells me to do
II IS what the law says I should do.
Mr.. Morgan and myself are relatives"
he said. We are both up-country crack
ers. He is ashamed of it, but / am not.
But he made mighty good speech yester-
Day though it is my duty now to show
in it
In referring to Mr.. Morgan's statement
mat Matthew, Mark, Luke and John diff
Tered in their statement about the cruel
NIXON, Nj Barrow said, with fine sar-
casm, And he says he got that informa-
ton from Justice Twiggs. He got his
cynical lessons from Judge II. d. d.
Twlggs, and yet ! remember him as a boy
al his mothers knee, getting his Sunday
school lesson. Now amt you ashamed Of
yourself"
Mr. Barrow remarked upon the testi-
mony of states witness who said that
keenan, was retreatng with his left side
turned toward Ponder. and yet al wounds
We're in the right side. He quoted the
story of Baron Munchausen, who bent the
barrel OF his rife so that he could fire
around rock and kill a deer sheltered
behind il. According to a witness the