The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-12-23
THE DEPUTY SURPRISED HIM.
JOE HAMILTON CAUGHT JUST be-
FORE HE SKIPPED.

Was About to Sail on the Baltimore
BOnt-An Important Witness in the
Murder Case Against VIM. Smith
Which Had to BE POstpOned-AIsO
Wanted For BursIary-A New Trial
Wanted For Simon O'NeiII-CIeve-
Innd to he Tried in the City Court
To-day.
The trial of William Smith on the charge
of murder did not take place in the supe-
rior court yesterday, as was expected. The
trouble was the failure of Soc Hamilton,
the states principal Witness to respond
when his name was called, making a post
ponement necessary.
But. strangely enough Joe was soon
caught Hamilton, 1t appears, did not
have any particular desire to become a
witness in the case. He has been down
In Florida and according to his story,
reached the city yesterday on his way
north, his intention being to go to Sara
toga, where he expected to get position
as a waiter. But Deputy Sheriff OCon-
nor interfered with all of Hamilton's
plans, and he is now in JAIL not only as
but also on the charge of burglary, it be-
ing alleged that he and another negro
broke into Joe Counihans place about the
time of the killing.
Hamilton, at any rate, was at the Bald-
more wharf getting ready to take the ship
sailing yesterday, when Deputy Sheriff
OConnor caught him and carried him to
Jail. This was several hours after the
postponement of the trial, so it could not
be called again. Hamilton was evidently
trying to escape the officers here as he
was going under the name of McDuf1e,
which was written on his ticket. He will
now spend a little while in jail, at least I'M
til Smiths trial has been concluded, and
then it may or it may not be decided to
prosecute the charge of burglary against
him.
The killing for which Smith is to be tried
took place about five years ago a a mer-
ry-go-round. Willie Jones' the man kill
ed, was an innocent victim Smith and
Hamilton had a row, in which Hamilton
slapped Smiths face. Smith then pulled
mis- pistol and began shooting at Hamilton,
who fell to the ground and began to roll,
Smith firing several more shots Hamil-
ton took refuge behind some obstacle, and
Smith fired another shot at him as he
went for it. This must have been the
shot, Hamilton says. which struck Willie
Jones. Smith was chased, but made his
escape. Smith was caught last August
in Augusta brought back to Savannah by
Deputy Lilienthal, and put in Jail. The
trial will probably take place within a few
days
Only one criminal case was disposed of
in the superior court yesterday. One in
WAS 10 nd
another transferred to the dead docket.
James Hal lpleaded guilty to the charge
of assault with intent to murder, with
punishment as for a misdemeanor, and
Judge Falligant sentenced him to pay a
fine of 500 and costs or spend twelve
months on the chain-gang. The assault
was upon William West on Sept. 10 with
a pistol. An indictment against Hall for
assaulting Willie Jones was transferred
to the dead docket.
An indictment against William Smith
charged with robbery upon Frances Gar
rett was nolle pressed
B. c. Jenkins, charged with larceny after
| trust, was to have been tried, but the hear
| ing was postponed on account of the alb
sence of some of the states witnesses.
Through his attorney, Mr.. E. c. Ryals,
Jenkins fled a demand for a trial at this
term of court. The effect of that is to
allow the defendant his discharge if the
state fails to be ready for trial at the next
term.
There was an interesting argument be-
fore Judge Falligant yesterday afternoon,
in which Maj. P. w Meldrim and f. M
Oliver, Esq, took part in favor of a mo-
lion for new trial for Simon O'Neill. which
was opposed by Solicitor General Os-
borne.
O'Neill, with Maurice ]. Sullivan. was
convicted of manslaughter, it being charg-
ed that they killed a negro down in the old
fort section something over a year ago
Each was sentenced to serve fifteen years
in the penitentiary.
Counsel for O'Neill now claims to have
discovered new evidence in his behalf
which will go to show that he was limo
cent Of the crime. They will offer the tes-
timony of a man named Henderson who
saw the killing, but who remained quiet
until the trial was over and the men CON
viAed. The substance of this testimony
was presented to the court, together with
argument. and Judge FaHigant took the
papers, reserving his decision.
In the case of Thaddeus s. Mercer
against T. r. V. Bradley and George l.
Bradley, bill for receiver, C. Mcbride e.
Co. filed an Intervention in the superior
court, claiming $17079. They ask that
their goods be separated from the other
stock.
In the case of John Harden against
Queen Harden, libel for divorce. a sec
ond verdict and decree were granted.
The weeks criminal business in the CITY
court will be disposed of to-day. instead
of Friday, as Judge Norwood will not he
In the city tomorrow. The case of CIeve-
land, charged with frauduently obtaining
money on bogus insurance policies. will
be tried before jury at noon.
In the case of S. l.. Caldwell against the
Savannah, Florida and Western railway
after hearing the argument on the motion
for new trial, Judge Norwood reserved his
decision
Sailors Released From Jail.
Thomas c. Tobiasson and Paul HELM