The morning news., 1897-01-14
PITTS CASE WITH THE JURY.
NO VERDICT REACHED UP TO 1
O'CLOCK THIS MORNING.

The Defense Had Its Inning and In
trOduced Testimony 10 support Its
Claim That Thornburg Was the
First to Draw IA PistOI-The Jury
Wanted TO He Re-CharEed on the
Right Of Man 10 Defend Himself
on His own Premises.
The jury which is to decide the fate of
Alonzo l.. Pitts, charged with the murder
Of Adam A. Thornburg, was locked up for
the balance of the night at 1 o'clock this
morning. and if an agreement is reached
will be heard from when the court con-
venes.
The trial again occupied the entire dav
in the superior court. The defense had
It's inning, just as the state had the best
Of 1t the day before Most of the testi-
mony introduced yesterday was In behalf
of the defense.
The examination of witnesses on the
part of the defense continued until after
the dinner hour. and it was late in the
afternoon when the arguments began. The
testimony put up by the defense was for
the purpose of showing that Pitts shot
Thornburg in self-defense the claim be-
ing that Thornburg drew pistol with
threat before Pitts fired.
One or two of the witnesses testified
that they saw Thornburg take pistol
down from behind the bar, and either put
It in his pocket or under the counter.
Collini testified that when Thornburg r.
fused to give him drink he wanted 10
get warm, and started to go into the rear
room of the place to get by the fire. It
was then. he said, that Thornburg came
from behind the counter and intercepted
him.
Collini and Thornburg had a struggle
there, it was said and according to Col
lini's statement and the statement of the
defendant, Pitts stepped in between them
for the purpose of stopping the difficulty
and pushed them apart. 1T was then that
Thornburg drew his pistol, according to
Collini and Pitts, and with an oath and a
threat to make an end of Pitts right then
and there, raised it as if to fire. Pitts
claims when this was done he fired five
shots in defense.
The position of the state was that the
shooting took place in or near the door
leading to the dance hall, and that Pitts
simply pulled his pistol and fired five shots
into Thornburg while the latter was hav-
ing his argument with Collini.
Mr.. +. NJ. oliver spoke first and was
followed by Mr.. T. S. Morgan, Jr., both
of them making strong arguments in be-
half of their client. Solicitor General Os-
borne concluded with an able argument IN
behalf of the state, asking for verdict of
murder at the hands Of the jury.
The jury retired after the courts charge
about o'clock, and shortly after II o'clock
wanted to be recharged on certain points.
One of the points asked about was the
right of a man to defend himself in his
own place, and to refuse to sell drinks 10
parties who called for them.
Judge Falligant spoke of the right of a
man to defend his person, habitation,
property or family against invaders. In
q public place of this kind parties who
ask for drinks, he said, should be served,
if they are orderly and provided they are
not drunk. In either instance the bar
keeper has the right to refuse to serve
them, and in the latter case the law
makes it his duty to do so. No man
could provoke a difficulty himself, Judge
Falligant said. and then after killing his
antagonist, invoke the law of self-defense
| in his favor.
Mr. Postell, one of the Jurors, asked the
court if a man who entered such a place
| should not be treated courteously and
properly Judge Falligant replied that he
should, so long as he demeaned himself
| properly. He made few more remarks
| on the law of self-defense, and the jury
| retired to further consider the case. Ii
| had not been heard from at ! O'Clock this
morning, at which hour the court officials
| retired.