The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-08-09
IF GUILFoYLE IS GUILTY.
THE SUPERIOR COURT WILL IN
DERTAKE TO ASCERTAIN.

While On Duty as n Policeman He
Shot and KILLED Levi RutIedge, a
Negro who He Claims Resisted Ar
Against Justice OF the Peace Pat
tersOn POstpOned-Other Live Top
les From the Court Circles.
Another murder case is booked before
Judge Falligant for trial to-day.
Policeman Joseph Guilfoyle will be ar
raigned for the alleged murder of Levi
Rutledge. negro, who was shot in the
head by Policeman Guilfoyle last Christ
mas.
The trial has been docketed and as
signed for trial several times before, but
was side-tracked for other cases on con-
ditions which could not be avoided Coun-
sci for both sides have announced ready
for trial to-day and the court has had
the case assigned.
The story of the killing of Rutledge by
the policeman is similar to the now IA
nous Abe Small case, it being claimed by
the defense that the killing was in self
defense, or rather was a justifiabe hon.
icide on the ground that the negro was
armed and threatened to die game before
he would submit to arrest by the officers
who went to his house to capture him.
Rutledge had a niece who was married
to Clarence Field. He had gone to Fields
house in a buggy and taken his wife out
for drive. Fields made a protest to this
when Rutledge, he claims, threatened to
shoot him. He then laid the matter before
aa
Rutledge be arrested. Rutledge is said to
have announced that he would kill any
body who attempted to lay hands on him.
Policemen Guilfoyle, Jernigan and
Schroeder went to the house of Rutledge.
on the corner of Bay and West Boundary
streets, but failed to find him at first. They
decided they would make a close search,
and entered the house. One of the officers
was about to go up stairs when another
noticed somebody lying on a bed close
beside the stairway The person was asleep
and covered up. The officers thought it
was Rutledge but found that it was Mary
Harvey his mistress One of the men look
ed under the bed and saw Rutledge. See
ing that he was observed, Rutedge raised
up behind the bed, his head and shoulders
being above the bed and drew a revolver
One of the officers, it is said, told him that
if he didn't give up they would shoot him.
Whereupon he began cursing and renew
ing his threats. Officer Guilfoyle fired
twice at him, the first shot striking him in
the head above the eye brow. The other
shot did not take effect. The man died
with the pistol in his hands, so it is claim
ed.
Such, in brief, was the testimony as
rendered in the case when the coroners
-. MI
oner's jury was that it was justihabe
homicide.
The officers did not get the pistol with
which it is claimed Rutledge was armed.
When they went back for the body, after
leaving the house, to give notice over the
telephone to headquarters, 1t was found,
so they claim, that the pistol was gone,
and they believe that it was taken by
Mary Harvey. The coroner found twelve
S2-caliber cartridges in Rutledge's pockets
when he was searched. The inquest was
held at the police station.
The fact that this is the second case of
its kind in the courts recently, being SINH
lar to the Small case, with the difference
that Small, in his resistance to the Off
GERS, did the killing. and not the officers,
will give the trial more than ordinary in
terest.
The cases against Justice of the Peace
w. IL. Patterson Will not be taken up
to-day in the superior court. The rea-
son is that the assignment of the case
for to-day was cancelled by consent of
the solicitor general and Mr. w w. Fras-
er and T. S. Morgan, who represent the
defendant the state not being ready for
trial.
The litigation over the Cuyler and Wood
burn railroad is piling up in the United
States court. The second sale of the
property, it is believed, viii occur in the
autumn and it is said the same parties
who purchased it the last time and who
have failed TO make payment, except in
part, will arrange to buy it in again.
The Caldwell case will come up in the
city court to-day for trial The suit is
brought by S. l.. Caldwell against the Sa-
vannah Florida and Western Railroad
Company and he claims $4,000, having
been injured while serving as a fireman
near O'Brien. Fla. He alleges that a
freight car was on the tract and his en-
CINE ran into Il. He was thrown down
an embankment and alleges that he was
injured for life.
Messrs NJ. NJ. Toomer of Waycross and
r. NJ. Hitch of this city will represent
the plaintiff and Mr.. Walter s. Chisholm
representing the firm, Erwin duBignon &
Chisholm, will hold up the claims of the
defendant railroad company.