The morning news., 1897-02-10
PITTS CASE WITH THE JURY.
THE DEFENSE SECURED THE con-
GLIDING ARGUMENT.

Surprise to All When II Was An
nounced the Defendant Would In
troduce No Witnesses-ReIied On
Contradictions in the states Evi-
dence and the Defendants state
Observation-Disclosures Solicitor Cen
eraI Osborne Made strong ArGu-
ment For The state-Judge TwigEs
Had the COncIusiOn-The Court in
Session Until After Midnight.
The fate of Alonzo L. Pitts, who is
charged with the murder OF Barkeeper
Adam A. Thonburg, is a second ume IN
the hands of the jury.
1t was about midnight last night that
the jury was charged and retired to take
the case under consideration. The trial
was concluded more quickly than it was
believed it would be. on account of the
fact that the defense did not put up any
witnesses.
The evidence for the state was conclud-
ed shortly after l o'clock yesterday when
the defense asked for a little time for
consultation. The states evidence did not
develop any particularly new facts, ex-
cept, perhaps, in the Introduction of the
testimony Of Capt II. NJ. Branch, who
testified that he was driving up from his
place of business on the evening Of the
crime, and passed a crowd of drunken
men, one of whom he afterward recog-
nized by his voice to be Pitts. He stated
he heard Pitts say TO his companions:
"Wen we'L kill the old -- -- -- -
According to the states testimony
Thornburg had no pistol at all. His pis-
tol was on the shelf, where he always
kept il, at the time of the shooting When
Collni started to go behind the bar for
his overcoat, or for whatever purpose it
was, Thornburg grappled with him. Then,
it is stated Pitts came up, and as he
did so Collini pulled away from Thornburg
and started back Pitts then fired five
shots into Thornburg's body, and he and
Colini walked out of the place.
The defense relied largely on several
inconsistencies in the states evidence. Ac-
cOrding to the states theory, there were
only three witnesses to the shooting, Min
mic Bellinger Opheia Stewart, two col
ored girls, and Fritz Bchr the young Ger
man sailor The first testified that Pitts
back was TO her, and that Thornburg was
facing Pitts, and that all of the shooting
took place in the bar. Ophela Stewart
said Pitts was standing in the rear room,
that Thornburg was at the folding doors,
and that the hring took place from the
rear room, thus reversing the positions OF
the parties. Fritz Behr testified that he
heard only one shot fired and that il was
in the dance hall. His testimony was Civ
en- through Mr.. Arnold Seyden as inter
prefer.
Henry Bran, the piano player In the
place, testified positively, however, that
the pistol belonging TO ThOrnburg was on
the shelf where Il was always kept He
denied positively picking Il up from the
floor after the shooting. He ran from the
bar while the shooting was going on, and
he stated the pistol was still. on the shelf
when he returned.
The defense considered. however. that
much capitai could be made out of these
Inconsistencies, and when court convened
again at 4 O'Clock, the announcement was
made that II would put up no witnesses
thereby securing the conclusion of the ar
gument. Pitts was put on the stand to
make his statement
Pitts said he and Collini were on a drunk
together and went into Thornburg's bar.
Ihornburg refused TO sell them drinks,
some words ensued, and he asked Thorn
burg II his money was coun-
terfeit, or If il was not as
good as anybody else's Thornburg,
took place. Thornburg reached back of
the bar and got his pistol saying he was
running the place and proposed to run
IL. There had been some talk about an
overcoat, Collini having lost his. Collinl
said he was going inIo the rear room to
the hre, as he had no overcoat Collini
started 70 the rear room, when Thornburg
came from behind the bar and grappled
with him. Pitts said he was then standing
al the other end of the counter but rushed
up ana pushed them apart, saying, You
Thornburg, he says, then ran his hand in
MS pocket and pulled out his pistol at
cail me 1.lie ellne rellarklng, no it4 man can can
he then drew his pistol and began firing.
lie nred hVe shots altogether. Pitts pis-
I0i was double action weapon, while
Ihornburg was an ordinary single action
pistol Pitts and Collini then left The
pace together, and as they left Pitts turn
hon IsaRs ma
Killed the old man.
The first argument for the defense was
made by Mr.. +. 5. Morgan. He was fol-
Solicitor General Osborne presented the
case for the state Judge Twiggs then
took the conclusion for the defense. The
arguments began shortly after O'clock
and were not concluded until after II 3C
o'clock.
doubt, made out a strong case for the
state. He argued that the case was one
of murder outright or nothing He ar
gued that Pitts was after a difficulty and
finding what he did. shot down defense.
less old man without the slightest provoca-
ton. He argued that the testimony show
ed that Thornburg had no pistol. as IL was
on the shelf back of the counter at the
time. Pitts was simply angered by
Thornburg's refusal 10 serve him drinks
and when he saw Collini struggling with
him went up and shot him down. 1t was
cold blooded murder, he said. and from
the testimony nothing else could be made
OUT Ol II.
Messrs. Morgan and Oliver preceded So
licitOr Osborne for the defense. and made
strong arguments in behalf Of their client
It was a surprise to everyone when the de-
fense decided to introduce no testimony
The defense had several witnesses ON the
last trial who gave some strong testimony
in Pitts behalf and il was believed they
would be introduced. one of the witnes sscs
was a woman, who is said TO have seen
Thornburg take his pistol from behind the
bar, but not one of the witnesses was put
up. The attorneys for the defense un-
doubtedly concluded that they could han
die the states evidence in such a manner
as to make out a strong case for their
client, and they devoted themselves rath-
er to tearing down the states case. than 20
making out any case of their own They
asserted the state had not made out a case
against Pitts.
Through their action too. they secured
the conclusion which they thought would
be greatly in their favor. Upon Judge
Twiggs' devolVed the duty Of making the
final argument before the jury, and he
devoted himself to the evidence In the case
for about two and a half hours. He attack
ed the reliability Of the
states evidence from every stand
point and the credibiity Of the
Witnesses. Co.lini's starting back at the
time OF the shooting or just before it took
place he held was evidence OF the fact
that TAornburg had pistol in his hand
he said WAS what made COllini start