The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-07-17
OVERS FATE WITH THE JURY.
TWELVE MEN SPENT THE NIGHT
WEIGHING THE FACTS AND LAW.

Hour-StrOng Arguments Made BY
Both SIdes--The Testimony Bearing
Upon the Crime Reviewed BY So
Iicitor General Osborne, Judge
Twiggs and Mr.. Morgan.
Twelve men were out all last night try
Ing to decide whether George H. Dyer is
guilty of the murder of William Titcomb
The case has awakened widespread in
terest, and the court room was crowded all
day yesterday. The galleries were packed
and there was not vacant seat in the
room.
But little evidence was taken in the
case, the bulk of it having been turned in
the day before. The trial has been on for
two full days.
When the court was called to order sew
eral witnesses were put up in rebuttal by
the state, but their testimony was largely
In review of that OF the day before
The arguments consumed most Of the
day. MIR. Thomas S. Morgan, Jr., for the
defense, lead off, and made telling
speech to the court and jury. He reviewed
the evidence and argued from the stand
point OF facts, rather than from the law,
1t having been decided between him and
Judge Twiggs that the latter would re
view tha law.
There has been doubt entertained all
along in the minds of those who have kept
posted on the case whether Dyer was the
man in the crowd of rioters who struck
Tftcomb. Therefore, when Solicitor Gen
eral Osborne made the statement Dreced-
ing the arguments that his position Tor
the state in point of law would be that
Dyer did the killing, and also that wheth-
er or not ne was the guilty party ne
would be held as guilty for the reason
that he was one among two or more riot
ers. and, therefore, responsible for the
acts of the crowd there was something OF
a sensation.
To the question Of rioting the defense
replied that II Dyer did not strike the
fatal blow he ought to be turned loose
by the court, for they claimed for the de-
PENDANT that a riot must be a disturbance
raised deliberately by two or more par
ties In this case the defense held that
the trouble was suddenly precipitated
without any preconcerted action on the
part of any two or more, and, therefore
Dyer could not be held responsible for the
acts of another in the crowd, since there
was no deliberate riotng.
Mr. Morgan, the counsel for the de-
Tense who led off with the argument, made
a characteristic speech to the jury. re-
viewing the testimony, and brought out
many salient points, which were strongly
put. He began by saying that the first
principle of law when a man Is put on
trial for his life is that he Is supposed
TO be innocent until he is proved to be
guilty beyond a reasonable doubt. He
made a forceful argument, and put the
casa n a strong light for the defendant.
Judge Twiggs followed Mr.. Morgan, en-
phasizing the fact that the law as quoted
by the solicitor general did not apply to
the case when he endeavored to make
IL appear that Dyer would be held as a
guilty party, no matter whether he struck
the blow that killed or not. 1t was
case of Christmas celebration, he said,
in which all the men were drunk They
had gone to the house of i'll fame to be
admitted, and when the two crowds OF
young men met on the stoop a row was
suddenly precipitated, not with riotous
intent. but simply under the impulse OF
the moment. The definition of riot, he
said, did not apply to such a case. He
also said that the evidence did not show
conclusively that the defendant was the
man who struck the fatal blow
Judge Twiggs made a careful presenta-
ton OF the case for the defendant and
his argument lasted until the time for
the noon recess Of the court, and when
the jury was taken from the court room
there were many who were willing TO
wager that the verdict would be for an
acquittal. Judge Twiggs has rarely made
a more telling speech 70 a jury in a Grim
inal case than that which he delivered IN
the case against Dyer. He emphasized
what doubt there was In a case where a
crowd of drunken Christmas jewellers
were gathered and we're suddenly entang-
led ia a row, as 90 the man who did the
tfa1N Hr al IN aFNn
verdict could be rendered against the ac-
cused
After the noon recess Solicitor General
Osborne made the argument for the state
He went fully into the case. He showed
that the only witness who had sworn
positively as 10 the name Of the one who
had struck the fatal blow had said IL
was Dyer. He dwelt on this point in the
evidence. He showed that the wound on
the head Of the murdered man tailed with
the evidence Of the chief witness, who
had watched the crime from a neighbor-
ing point OF view, declaring that one blow
was struck while Titcomb was standing
and another while he was lying on the
sidewalk after he had fallen to the
ground. The solicitor general made one
Of the strongest arguments that have
been made by a prosecuting attorney in
the court house for a long time. He re-
viewed the evidence in detail and sifted
out the conflicting testimony to the sat
isfaction Of those whose minds held to the
belief that the defendant was guilty
Judge Falligant delivered his charge af-
Ter the close OF the argument and outlined
the law tersey and 20 the point as Il bore
upon the case. He had been asked 10y the
defense TO make clear the law applying 90
rioting. He said that a riot ls a disturb
ance In violation OF law committed 10y two
or more persons OF common mind and
purpose. He stated that n two or more
persons became entangled Ia n row among
themselves Il was not a riot. Tho charge
was strictly confined 20 the law, and the
legal definitions involved
The case was left with the Jury and the
court took a recess at 9 O'Clock when the
jury retired.