The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-15
1T LOOKS LIKE A MIsTRIAL.
THE PITTS JURY SAID TO BE TEN
TO TWO FOR MURDER.

The Jurors Spend Another Night in
the Jury ROOm-JOhn Gilmore Com
victed of Rape and Sentenced to
Spend 10 Years in the Penftenti-
ary-Wm. Tant Charged with
Highway Robbery Allowed to
Plead Guilty to MisdemeanOr.
Seven White Migrants Sent TO the
Gang.
The indications are that there will be a
mistrial in the case of Alonzo l.. Pitts.
charged with the murder of Adam A.
Thornburg. AT 9 o'clock this morning the
jury will have been out thirty-six hours,
and at midnight last night there were no
indications whatever that any agreement
would be reached.
Judge Falligant left the court house
about o'clock yesterday afternoon with
instructions that if an agreement was
reached he was to DE sent for. But he
was not sent for, and the probability is
that when court convenes this morning
he will have to declare a mstrial, unless
he should decide to let them deliberate a
little longer
1t was reported around the court house
last night that the jury stood ten to two
for murder in the first degree without any
recommendation. One of the two, it is
said wanted a recommendation to the
mercy of the court, while the other was
for verdict of voluntary manslaughter
This statement of the case is probably
about correct, and was widely discussed
by those who heard 1t.
John Gilmore, colored was convicted of
the crime of rape in the superior court
yesterday, and on a recommendation to
the mercy of the court was sentenced to
spend fifteen years in the penitentiary
Gilmore's crime was alleged to have
been committed Aug. 8, 1896, and the
prosecutriX was Eliza West, alias Eliza
Lane. The crime was said to have been
committed about a mile outside the city
limits, Gilmore having been arrested by
parties who caught him and brought him
in to the barracks. The girls identified
him as the man who committed the as
sault.
At the beginning of the trial yesterday
Solicitor General Osborne said to the
court that the state would not claim rape,
but assault with intent to rape as the
charge against the prisoner. Two or three
witnesses were introduced, however, who
made out a pretty strong case of rape
against the defendant, after which the
solicitor general claimed the offense was
rape, and Judge Falligant charged the
law with regard to rape to the jury
Mr.. George w. Beckett, counsel for the
1aEa 49,. III
part OF the state after the solicitor gen.
eral said he would only claim assault with
intent to rape, and also object to the
charge of the court. This, however, did
not avail, but it may be made a ground of
motion for new trial The jury brought
in verdict of guilty with a recommenda-
ton to the mercy of the court and the
sentence was as stated
William Tant who, in company with
Marmelstein, was indicted on the charge
of robbery, pleaded guilty as to a mis-
demeanor, and was sentenced to pay
fine of 800 and costs, or spend twelve
months on the chaingang Marmelstein
who was also concerned in the robbery of
Mrs. d. Y Dancy and Mrs. c. G. Bell
on the Thunderbolt road, with Tant was
sent to the lunatic asylum, he having
been found to be insane by a jury in
the court of ordinary.
Roche, made an appeal in his behalf
saying at the time of his action he was in
the employ of Mr.. William e. Guerard
and was earning a salary which was suf-
ticient for him to live on. He got with
Marmelstein on this occasion, it was
stated, and after becoming intoxicated
did not know what he was doing He was
under no necessity of robbing anyone. it
was stated, as he had Just drawn his SAL
airy, and had his money in his pocket at
the time. He made an appeal for the
mercy of the court, and an opportunity
to redeem his manhood and become again
the stay Of his wife and family.
Taking all the facts into consideration,
and the state consenting to plea as for
a misdemeanor, Judge Falligant sentenced
Tant to pay a fine of 500 and costs or
spend twelve months on the chain-gang
His crime was one that, under other cir
cumstances, that would have sent him to
the penitentary for number of years.
In the city court yesterday the suit of
Miss Eleanor Oppenheim against the Elec-
trio Railway Company was put on trial.
Miss Oppenhem asks for 5000 damages
for personal injuries This is the second
trial of the suit, she having been given a
verdict of $50 on the former trial She is
represented by Mr.. E. s. Elliott, and the
road by Messrs. Charlton, Mackall & An
derson.
Judge Norwood found there was sufH-
cient evidence against seven white men
who appeared before him to convict them
of vagrancy, and they were sent out to
the chain-gang for short terms.
In the court of ordinary the will of
Leonora j. Resented was filed and pro-
bated Letters testamentary were grant
ed TO Isidore NJ. Resented. The property
consists Of real estate and will be held IN
trust for the children of the deceased
Temporary letters of administration on
the estate Of John Wohanka were granted
to Cassie A. Wohanka.
Letters OF administration on the estate
of Lena Muller We're granted to Emma
Schwinn.
Justices of the Peace NJ Naughtin of
the Third militia district, and Samuel
Reynolds of the Fourth militia district,
qualified before the ordinary yesterday for
their new terms of four years
Funeral of MRS. Sheehau.
The funeral of Mrs. Ann Sheehan.
which took place yesterday afternoon.
from the cathedral, was largely attended.