The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-11
PONDER FOUND NOT GUILTY.
A VERDICT OF ACQUITTAL RE-
TURNED IN TWENTY MINUTES.

Friends Crowded Around Him
With CongrntuIntions-Th Closing
Arguments in the Trinl-The
Judges Charge and the Jury's
Consideration of the Case.
The jury was not out of the court room
more than twenty minutes last night be-
fore it announced a verdict of not guilty
in the case of Thomas Ponder, charged
with murder, and the slayer of Frank
keenan, walked out of the court house a
free man.
The closing scenes Of the trial were ex-
citing The day was spent in speechmak-
ing by the counsel for the defendant and
the state, and the arguments were listened
TO with profound interest by hundreds of
people, who crowded into the court room
and remained there all day.
1t was not until o'clock In the after
noon that the case went to the jury, and
in less than half an hour the end was
reached and the room, which had been the
scene Of excitement, was vacant. When
the jury announced that it had reached a
verdict, Judge Falligant, who had retired
from the bench and gone to his office, gave
orders for the counsel to be notified.
Messrs. duBignon aud Barrow who had
defended Ponder, had left the building. but
they had not more than reached their
Offices before the bailiff was there to bring
them back.
The crowds had not left the court room.
still hanging on, TO witness the outcome
of the trial which has caused such wide
spread interest. Clerk Carr received the
verdict and read: 1--WE the jury find the
defendant not guilty."
Immediately there was a stir in the
court room, and the friends of the ac-
cused made a rush to him. some Of them
throwing their arms about his neck. Mr.
Barrow, one Of the defendants counsel
who was sitting close beside him when
the verdict was read. had impulsively
thrown his hand upon his shoulder, and
with an unconscious jerk had brought
the head of the accused with a rap against
the table, behind which they were sitting
With difficulty the officers of the court
restored order. The judge then dismissed
the jury, and asked if there was any
other charge against Ponder
mo, there never was another charge
against him and never will be-" shouted
Mr. Barrow, impetuously, and then the
crowd gathered about and expressed their
congratulations unrestrainedly.
The case has aroused great interest.
The evidence was taken day before yes
terday and given in full by the Morn
ing News. All that was left was for the
LAWYERS m SaIfxer fbotr o,.,r,,,e.,,t- ara
the judge to make his charge and leave
the case with the jury. This was taken up
first thing when the court convened at 10
O'clock. The first speech for the state was
by Mr.. Thomas Morgan. His portrayal
in words of the scene of wreck and ruin
caused by the accused in the household of
the man he slew June 6, 1895, was so touch
ing and SO neatly put that there was
scarcely a person in the court room who
was not deeply moved by it. The wife
OF the dead man sitting with her little
daughter close behind Mr.. Morgan wept
bitterly when he referred to them as the
pititul survivors of once happy home
made desolate. He quoted from the testi-
mony of the leading witnesses to show
that In every case the verdict must be
murder except in one witnesses testimony
"AANA maui 0NN lAAE Ease AADllAlE SlDEl OF
voluntary manslaughter. The argument
was full of striking points, which were
presented with telling effect.
Mr. Morgan was followed by Mr.. duBig-
non, for the defense who read several
new decisions by the supreme court to
show that a man need not be in actual
danger of having his life taken to be justi-
fed in killing the aggressor who makes the
assault upon him. He showed that the
decisions are to the effect that threats and
contemptuouS menaces and gestures may
be sufficient to warrant killing II there is
sufficient to cause a reasonable man 10
fear that his life may be taken. After
laying before the court these points of
law he reviewed the evidence in the case
and approached the jury with a fun mar
ration of the case. He made an eloquent
appeal In behalf of Ponder declaring that
he had, according to- the evidence, re-
treated from keenan, out Of
the engine house and did not fire at him
until ne saw that keenan, was following
him up He said there is no law in Geor-
gia to demand that a man retreat one
step when he has reason to defend him
self against such an attack. He can kill
the antagonist on the spot and be free of
murder or manslaughter.
Air. duBignon's speech was one of the
raost convincing arguments he has ever
g-zce before the local bar and was most
-t4Ea8l.G -tlAAaeNAtA upon ~ tuose WHO
fesr1 IT, BE vas followed by Mr.. Bar
fsn ~ frs cefenEe. who was at his best
sne s1s-1s a speech that weighed heavily
VITA rks jun, because Of its power and
ftrcnE srglrnenL
Nr Barrow was inclined at times 10 be
rather facelOuE. and 81 was difficult TO
keep order In court after he once got the
spectators laughing at his Witticisms and
terse way OF putting things II was no
ticed that even the sOrrowiug wife OF the
man Ponder had killed could not restrain
from Joining In the mirth which prevailed
so generally, although but a few mo-
ments ago she had been weeping as
though her heart would break
In the afternoon Mr. Fraser for the
state. concluded the arguments. He de-
voted much time to presenting the points
OF law he wished 10 establish as bearing
upon the case. after which he proceeded
with strong argument 20 sustain the
prosecution. RE was interrupted several
times by members Of the jury, who asked
questions as to definitions Of an assault
with Intent TO murder, q felony, and the
respective punishments Of various crimes
He answered these fairly, and without the
slightest attempt 20 bias the jury's mind
Mr.. Frascrs speech was the closing
argument. and Iuluq TFof1lrnnf th,D a..