The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-05
SMITH WILL GO TO THE PEN.
THE JURY SAYS HE Is GUILTY OF
VOLUNTARY MANsLAUGHTER.

Smith Claimed He Was Defending
Himself When He Fired the Fatal
Shot-ThOmas j. McEvOy's Bond
EstFeated.
Guilty of manslaughter with a recon-
mendation to the mercy of the court, was
the verdict returned by the jury before
which William Smith was tried for his life
yesterday OIL the charge of numbering VIII
liam Jones on March r. 1892
Smiths trial occupied the entire day In
the superior court He was defended by
Mr.. Gordon Saussy who had devoted much
time to the case and collected all the
possible details I'm behalf of his client So
licitor General w. w. Osborne was as
sisted in the prosecution by Mr.. Shelby
Myrick, who was recently admitted to the
bar and is proving himself an able young
practitioner.
1t took about an hour to secure a jury.
The state struck eight jurors, while the
defense struck thirteen. The jury finally
selected about II Z, clock was made up as
follows: Stephen F. Dupon, William
Fleming, Thomas L.. Malone, John F. En-.
lehman, William II. Pollard, John Bren-
nan, William A. Spellman, Benjamin T.
Theus, Charles r. Brantley, Robert c.
Kreeger, William J. Mingledorf and w. D.
Thomas.
The crime for which Smith was on trial
was committed nearly six years ago. The
difficulty which ended in the shooting of
William Jones, an innocent spectator, took
place at what was called the flying horses,
a merry-go-round or similar institution. in
a vacant lot on Randolph street, some
where near the Tybee depot
Smith and others were in the crowd
when a difficulty was started by Joe Ham
ilton stepping on Smiths foot Some
words followed, and Hamilton either
struck or slapped Smith. Angered by the
attack, Smith drew his pistol, and, accord
ing to the states evidence, fired three
shots at Hamilton. Hamilton managed to
get out of the way by falling on the ground
and rolling over, and then making a dart
and running under the ropes As he did
so another shot from Smiths pistol was
fired, and that shot struck William Jones,
who was near the ropes. Jones ran a short
distance and fell, dying soon afterwards as
the result of his wound. Chase was given
but Smith managed to get away by climb
ing fence. He eluded his pursuers and
got away entirely, until heard from a short
| time ago in Augusta. He was arrested
there, and Constable Lilienthal went up,
brought him back and lodged him in Jail.
The trial was assigned on two or three
| occasions but had to be postponed on ac-
count of absent witnesses. Joe Haml-
ton the principal witness for the state.
was caught just as he was about to take
er, another witness had to be attached and
put in Jail to await the trial.
II According to Smiths side of the case,
he was a stranger in Savannah and had
been working at Kehoe's foundry. Several
of the negroes in the eastern part of the
city had plagued him considerably, and on
the night in question at the flying horses,
they deliberately set in to pick a fight
with him. Hamilton stepped on his foot,
and some remarks were passed about it.
Another of the negroes attacked HIM in
some way from behind, and when he re
scented Hamilton's action Hamilton pull
ed a pistol and fired at him
He then pulled his pistol and began
shooting at Hamilton. and the shot from
his pistol struck Jones, an innocent by
stander, causing his death As evidence
of the fact that Hamilton shot first at
him, Smith claimed to have been shot in
the arm. and one of the witnesses testified
to having seen him afterwards with a
Moody arm.
Hamilton denied that he had any pistol
or that he used any weapon on Smith
He said he struck Smith in the difficulty
and that Smith then pulled his pistol and
began firing at him.
The state held that it was a case of muir
der on the ground that while there was
no intent to kill Jones, there was an at
tempt with malice to kill Hamilton, which
resulted in the death of Jones. MIR. Saussy
held in behalf Of Smith that he acted IN
his own defense on account of having
been annoyed and attacked by Hamilton
and others. He also endeavored to make
it appear that Hamilton, who was wanted
here for burglary, was to be released after
testifying for the state in this case.
The case was given to the jury about
o'clock last night, and at $50 o'clock an
agreement had been reached. Judge Fall
ligant was at once sent for and the YER
dict of voluntary manslaughter. with a
recommendation to mercy, was received.
Judge Falligant did not sentence Smith
last night, but viii probably do so this
morning. The extreme penalty for VOL
untary manslaughter is twenty years in
the penitentiary, and the minimum one
year. The usual sentence has been fifteen
years where there was no recommend
ton, but with a recommendation to mercy
1t is generally much less.
When the verdict was read Smith stated
to his attorney that he was satisfied with
it. so there will be no motion for a new
trial. In fact Smith seemed gratified and
did not appear at all worried as he was
carried off TO Jail.
The bond of Thomas j. McEvoy was
estreated in the superior court yesterday
McEVoy is under indictment on a charge
of eXtortion, the offense alleged being
that on May 10 1897 while he, as a con-
stable, had under arrest on charge of
gambling ST. Julian Armand, he collected
from Armand $3.50 without any authority
for so doing. His bond is $500 and is sign
ed by Hon. j. j. McDor ugh. McEvoy
was represented by Mr.. ' alter c. Hart
ridge. His case was assigned for trial yes
terday but as he did not appear in court.
a rule nisi was taken.
The indictment against Nick Conch
bellas, charging assault with intent to
murder Eli Neruki on March q with a
knife, was nolle pressed.
A nolle prosequi was entered upon the
indictment against James Frain and
Henry Brady. charged with assault with
intent to murder Policeman T. c. Murphy
This action was taken at the request Of
the prosecutor. The cases against two
others concerned in the affair were dispos-
&C.. i'm, A,sl