The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-09-14
CHARLTON SENTENCED TO HANG
COURT SAYS HE MUST GO TO THE
GALLOWS ON OCT. p.

.r of Harry NIcLeod-The Murder
Was Cool and DeHberate-Defend-
ants only Excuse was He Was SO
Drunk He Didn't Know what He
Was Doing-HiS Attorneys Give No.
tice of Il Motion for New Trial.
John Clarion. as he is, named in the in
dicrment. who killed Harry A. Mcleod.
last Friday, in Cord Krackeu's barroom,
on West Broad street was tried for muir
der in the Superior Court yesterday morn
ing. convicted without a recommendation,
and sentenced to be hanged. by the court
on Friday. oct. 2S. between the hours of
10 O'Clock in the morning and o'clock
in The afternoon.
4 more speedy dispensatioa Of justice
cold not be desired. Within less than
four days from The time OF the shooting
the murderer has been indicted tried
found guilty convicted ana sentenced 20
pay the death penalty. Indeed, this speedy
execution of justice has been character
istic of the court Of late for it was but
few days after the murder of William
Wilcox that William Wright had been
tried, convicted and sentenced TO life i'm
prisonment for the murder. Toby Bowen,
who killed his wife with bar of railroad
iron a few days ago, win be tried to-day
and The proper penalty viii also. no doubt,
be meted out to him. This work of the
Superior Court will be commended by all
citizens. Judge Falligant has insisted on
the speedy trial of these cases despite the
efforts of the attorneys 10 have the trials
continued, without reasonable grounds for
their requests The solicitor general has
found no trouble in getting up the cases
for the state, and it is thought, therefore.
the attorneys for the defense should be
able to prepare their cases in the same
length of time, especially where they have
few, and sometimes no witnesses at all
20 present.
When the case against Charlton was call
ed Messrs. Gordon Saussy and w. T.
Johnson, who appeared for the defendant,
made motion for a continuance on two
grounds. In the first place. they claimed
that they had not had time in which to
properly prepare the case in behalf of
their client, and, in the next place they
urged that proper justice could not be
done while public feeling against the de-
fendant was at its hight. The motion was
for the defense and for the state, and was
finally overruled by the court, the belief
being that the attorneys for the defendant
had had sufficient time in which to pre-
pare for the trial.
The next move made by the attorneys
for the defense was a demurrer to the in
dlctment, on the ground that it did not
fully specify the circumstances of the
crime. The demurrer was likewise over
ruled. 1t appears that forms in criminal
cases are now tending to the brief and ex-
plicit. instead Of going into the full de-
tails of the case, as was done under the
common law.
After these matters were disposed of
the selection of jury was proceeded with.
The jury selected to try Charlton was as
follows: A. l.. Stokes, John N Davis,
Charles f. Harvey Horace W. Way,
Samuel P. Quarterman. Edward F.
Wilder, Daniel NJ. Arnett George F.
Haywood, William A Kent, John F.
Walsh, John D. Kehoe, William j. NAL
Tory
Or. j. C. LeHardy was the first witness.
He was not a witness to the killing. but
testified as to the wounds and the cause
OF McIeod's death. The most important
witness sworn by the state We're Cord
kracken and r. ]. Stewart who were wit
nesses Of the killing. J. f. Connolly, a
friend of Kracken's, who was in the store
vas also on the stand, and Coroner Goette
tcSAlAttu dS 10 mcleod s identity.
The story as told by these witnesses is
given in brief. Charlton went into Krack-
ems barroom last Friday evening to get
drink. He took whisky, and after finishing
II asked for fifteen cents change. He had
not given Kracken his quarter, and want
ed change before the quarter was paid.
kracken refused to give it to him, and he
called Kracken a - Dutch -
whereupon the latter picked up a twine-
holder and threw it at Charlton, striking
him in the face. Charlton was angered Lut
left the place, saying nothing. A short
time afterward he returned TO Kracken =
bar and ordered a drink. He first called
for gin which was put out for him. He
then decided he wanted brandy and the
change was made by Connolly, whom
Kracken asked to look after the man while
he was eating his supper Clarion put
down dollar to pay for the drink and
left the place.
1t was on Charlon's third visit to the
barroom that he committed the crime He
walked In and deliberately drew his pis-
tol. Just before Harry Mcleod and r. j
Stewart had walked into the place, and
Mcleod went behind the counter KracSen
was standing there and Mcleod asked how
much he owed him. Kracken said il was
ten cents, and Mcleod asked If he wanted
it then. it was In the midst of this con-
versation that the murderer appeared.
Seeing the pistol pointed at him. Krack-
en- lodged, falling behind the counter. Me-
Leod had his hand on Kracken's shout
der at the time and the bullet intended
for Kracken went into McLeod's neck,
causing his death at the Savannah Hospi-
tai early the morning following. Char
lon, seeing Kracken get up and make for
the grocery store, went in there and fired
another shot The second shot, however,
went wide Of it's mark, and the negro left
the store
Clarion had very little to say in making
his statement The defense put up no wit
nesses. Charlton simply stated he went into
the store and bought a drink. He spoke
of Krackens assault on him. saying that
he was only playing with him and did
not think he would take il seriously.
When he did the shooting he said he was
so drunk he did not know what he was
doing He admitted doing the shooting.
but endeayored TO excuse himself on the
ground of drunkenness.
Nj Lnhnsan onanal the aremmant for