The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-10
PoNDER'S PLEA OF DEFENSE.
HE SAYS HE KILLED KEENAN, TO
SAVE HIS OWN LIFE.

tie Girl of the Dead Man witness
the TrIaI-POnder's Aged Mother,
wife and Sisters Also in COuFt-A
Touching Scene When Ponder
Faced the Jury-The Tragedy Re-
! viewed by witnesses.
"Put yourselves in my place and you
| will know that killed that man in de-
| Tense of my own life"
Such were the concluding words in the
statement that Thomas Ponder made to
the jury in the superior court yesterday,
and as he spoke them there was tone of
! earnestness in his voice and he looked
squarely at the jury, gesticulating with
the finger that pulled the trigger and took
the life of Frank keenan,.
Close beside him sat the widow and lit
tie girl of keenan,, and not far away sat
the aged mother, wife and two sisters of
the accused murderer.
While he talked to the jury Ponder held
in his hand, nervously turning 1t over all
the while, the pistol which had served him
the day of the killing. The statement Of
the accused was listened to with closest
attention by a crowded court room, and
concluding with the words quoted, he left
with the twelve men who are to adjudge
his innocence or guilt, his destiny.
The trial of the case held the attention
of the superior court all day. 1t was with
considerable difficulty that jury was OBJ
tanned, the opposing counsel running
through several panels before twelve men
could be selected satisfactory to both
sides. There We're numerous witnesses to
the killing and they seemed to be pretty
evenly divided for the prosecution and the
defense.
Ponder is before the court for the sec
ond time on the charge of murder. He
makes the plea that the killing of Keenan,
was in self defense. He was tried once
before and was found guilty with a re-
commentator to the mercy of the court,
and was sentenced by Judge Falligant to
a llfe time service in the penitentiary. a
new trial was granted on the general
ground that the evidence did not seem to
warrant a verdict for murder.
The prosecution brought forth many
! witnesses to prove that the killing of
Keenan, was not provoked A number Of
witnesses swore that Ponder followed
Keenan, up and shot at him five times in
rapid succession, when the man was I'M
armed, and had fled from Ponder. who
| pursued him firing all the while.
The defense had as many witnesses to
| show that keenan, had deliberately gone
! to the scene of the tragedy, the fire en-
| CINE house at South Broad and Abercorn
| streets with the aVowed determination
"a to do up Ponder, that he had assault
| ed him by striking him several times over
the head telling him to the ground once,
and pursuing him to the door of the en-
| CINE house with his attack.
This in brief was the testimony in the
| case.
The court adjourned late in the after
noon until 10 o'clock this morning, when
! the case win be continued, the arguments
| of the lawyers coming first and then the
| charge of the court.
The case is already familiar to the read
ers of the Morning News. Both parties
were formerly in the Savannah fire de-
| partment. keenan, was dismissed not long
| before the tragedy and it was said that he
! thought Ponder had reported him for
| drunkenness, and that this was the cause
of his discharge from the department. The
testimony of Fire Chief Puder, at that
| time, however disproved this, for he said
that Ponder did not report him.
| When the jury consisting of twelve men
| selected with difficulty from several pam
| els and including two negroes, was sworn
| yesterday, the state brought out its wit
nesses. The first was Dr. r. b. Harris,
who was one of the first on the scene and
| attended to the wounds of the dying man
on the green plot close beside the en-
| trance to the engine house. He told of
| the nature of the wounds and testified
| that the man died within a few moments.
| The next witness for the state was
| James A. Buckley who testified that Kee-
nan came to the engine house and entered
] he Of He
was laughing and joking with the firemen,
who were trying to sleep while off duty.
| He then went down stairs and soon after
wards the shooting occurred. He rushed
| down and was sent for a doctor. He
| knew little as to the cause of the shoot
ing.
Dr. w. +. Aiken was the next witness.
| He was an eye witness. and spoke of the
wounds inflicted. He said that one of the
shots took effect in the head in a way that
indicated the ball could not have been
fred from before the man-either from
above or from one side.
Coroner Goette testified similarly. He
spoke of the wounds and Identified the
pistol with which the killing was done.
| one of the principal witnesses for the
state was a little boy Il years Old, a tele-
graph messenger boy, who was coming up
South Broad street at the time of the
shooting. He testified that Keenan, was
retreating while the shots were fired.
Thomas Moffatt, working on a house
across the street at the time of the trag-
| edy, was sworn for the state, and testified
that he saw the man who was shot back
ing off from the man who did the killing.
II. J. Leuders, for the state testified
that the killing was not provoked, accord
ing to the scene that was enacted. He
was the first man on the spot, and was
the one 20 put his fingers over the bullet
holes to stop the flow of blood while the
doctors came and examined keenan,. lie
stated, when cross-quesuoned. that he was
in sympathy with the dead man, and stat
ed in evidence at the last trial of Ponder
that he thought IL Ponder got his just
dues he would go TO the gallows.
Miss Kate Robinson, who lived across
the street and saw the killing, was sworn
for the state, and stated that she saw
one man running from another with his
back turned, while the other was firing
at him with a pistol. She was the only
witness for the state who testified Keen.
ans back was turned, the others declar-
ing that he rctreated backward. facing
Ponder with one hand up In the air.
Mrs D. Hegafpfn testified