The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-07
AGAIN UNDER CONSIDERATION.
KELLAR's MOTION FOR NEW TRIAL
BEFORE THE COURT.

The Papers Have Been Submitted 10
Judge FaIlIgant for His Consider
atIOn-ThOmas v. POnder's Cnse As
signed for Trial March 24-JudEe
FnIIignnt Denies Abe smaIls Mo-
ton TO Quash the COrOner's Ver-
dict-Abe's Only Chance Nefg IN His
Motion for New Trial.
Judge Falllgant has taken up the case
of Francis 3. Kellar, on a motion for
new trial, and it is likely the case will be
! disposed of at an early date.
This case has been on the docket for
several years. Kellar was charged with
| seduction by Miss Marshall of this city.
and something more than two years ago
was tried, and, on conviction. sentenced
to five years in the penitentiary. He
was strongly defended by Messrs. Saussy
& Saussy, who, Immediately after his con-
| viction made application for a new trial.
Upon the filing of the motion Judge Falli-
giant granted a supersedeas and Kellar
was released.
me motion was partly argued at one
time, but never disposed OF, and Judge
| Failigant decided a day or two ago to
take IL up and have 1t determined, one
way or the other There was no argu-
ment on the motion yesterday. The pa
pers in the case were handed to the court.
who will take the case under considera-
ton and come to some determination with
regard to it.
1t appears that one of the main grounds
Tor the motion for new trial was newly
discovered evidence consisting largely Of
number of affidavits, relative to the
| prosecutrix. These have been submitted
10 Judge Falligant, along with the other
| papers, and it is said there are still other
documents which will be placed before
the court, before a decision is reached
Judge Falligant will probably decide the
motion without any further argument.
Inc trial Of this case excited much in
terest at the time, and while, by MANY
we case Is almost forgotten, there are
| otherS VINO have been watching its out
come me exact nature of the newly
discovered evidence is not yet known, but
ls SAID to be something stronger than
anything the defense offered on the
| former trial.
,, Counsel for Thomas v. Ponder, Messrs.
r. ". duBlgnon and Pope Barrow reached
| an agreement with the prosecuting conn
| sell Messrs w. w. Fraser and T. s.
| morgan, Jr., yesterday with regard to a.
day for the trial of the case, and Il will
take place Wednesday, March "a. MIR.
FRASER appears In the case by appoint-
ment or Judge Falligant as solicitor wen
eral, pro tenn, Solicitor Osborne being dis.
| quanned on account Of the fact that mis-
| law partner, Mr.. Barrow is of counsel
tor the defense. Mr.. Morgan is endowed
| Dy the friends of the deceased to aid In
| the prosecution.
Ponder is charged with the murder of
| NNhf rI,
summer of 1895, the homicide being the
| result OF dispute between them. which
| eliminated in Keenan's going to the fire
| headquarters In search of Ponder. The
uilhculty was renewed, but just in what
manner is in doubt, as the evidence on
inns inns point IS rather conflicting. Ponder
mas had one trial, and after remaining out
some time the jury brought in a verdict
| OF guilty with recommendation to the
mercy OF the court. Ponder was granted
new trial by Judge Faligant. on the
ground that the evidence did not Justify
me verdict In the courts opinion, no more
| imam case of voluntary manslaughter
having been made out. 1t is said some
new evidence will be introduced by both
sizes in the coming trial, though the ma
ture OF it is not yet known.
One of Abe smalrs props has slipped,
| though counsel for the prisoner Messrs
West and Ravenel, say Judge Falligant's
refusal to quash the coroner's inquest
was expected.
Judge Falligant rendered his decision
Yesterday refusing to quash the coroner
inquest as asked for in the motion of
| Smalfs counsel on the grounds
that 1t had been Improperly
| conducted in several particu-
lars. The object of the attorneys was to
get new inquest so that the body of Po-
hceman Neve might be exhumed, the bull
| let which killed him secured, to the end
| that 1t might be determined whether the
bullet was from pistol or from Small s
| winchester rifle. The theory is that a
Winchester rifle ball would have gone
clear through Neve's body, whereas the
ball which killed him is lodged there
Small has one moro chance in his mo-
ton for new trial now pending before
the court. Should that also be overruled
by Judge Falligant, both that and the
motion to quash the inquest will no doubt
be carried up to the supreme court to-
gether The error upon which the SUI
preme court granted a new trial before.
was avoided in Smalrs last trial. but
what other grounds may have risen have
not yet been made apparent.
Should the supreme court sustain the
lower court in its decisions upon both
motions. provided both are refused, Small
will then have to pay the death penalty
on the gallows in accordance with the
sentence of the court, unless the governor
should intervene, which is basing the case
merely on supposition.