The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-24
JURY MADE QUICK WORK.
DYER ACQUITTED AFTER HALF An
HOURS DELIBER ALTON.


Defense Maintained That He DId NoC
strike the blow That Killed Tit
comb-Did Not Go There With the
Intention of Getting Into Any Row.
Judge FaIIignnt quite Sick During
the Dny-The Trial of Abe Small
Postponed Until March %.
George II. Dyer was acquitted last night
shortly before 10 o'clock of the charge of
having murdered William Titcomb on the
early morning Of Dee rs, 1886.
Dyers trial has been In progress for two
days, and has been closely watched by an
audience composed in the main of those
who usually gather out OF curiosity to lis
ten to sensational details when the life of
a fellow human being hangs in the bal
| ance.
The evidence for the state having been
concluded when the court convened yes
terday morning the presentation Of the
| case Of the defense began. IL was testi-
fed that in the scrimmage which took
/ place on the morning in question, on Ogle-
thorpe avenue east, between Price and
Houston streets, Dyer was caught by
someone pa pnioned to the wall, and that
he called out to James Brown for help.
Two witnesses testified that they saw
| Dyer use his stick, which he admitted hav-
| ing. One Of them said on the first day Of
the trial that he saw Dyer raise his stick
and strike someone, that he saw man
fall but he coudlnot swear that the man
struck was Titcomb though he gave a de-
scription of him. Another witness testi-
fed yesterday that Dyer used his stick
though he did not know whom he struck
with it, This latter statement was brought
out by the solicitor general in rebuttal of
a statement made by Dyer TO the effect
tflat he lost his stick early in the fray and
did not have a chance to use it.
Dyer gave a plain clear statement of
the affair, telling how he and his party
came to go where they were on the night
| IN question, and how they met the otner
party of five young men. How the row
i started between the two parties, both Of
! which had been denied admttance to a
! place where they rang the door bell, he
| did not know. As soon as il started he
said he lost his stick, and in a moment
| found himself pinioued 10 the wall, held
by two men. He was struck himself, he
| said He did not know who struck Tit
| comb, nor anything about the killing, ne
said.
Mr. r. S. Morgan, Jr., made the open
| ing argument for the defense. He was
/ followed by Judge II. d. d. Twiggs and
| Solicitor General w. w. Osborne closed
for the state. The defense claimed that
| the evidence showed that Dyer did not do
the killing, and held steadily to that
tor General Osborne argued that the evil
dence did show that Dyer struck the blow
which proved fatal and even If he did
| not contended that he aided In provoking
the row in which Titcomb lost his life,
and was thereby guilty. In answer to
this the defense held that Dyer did not
80 there with any intention of getting
into row or hurting any one, and as he
| was friendly with Titcomb, and had no
II reason for striking him, It was not rea-
sonable TO suppose that he went there
with any intention of getting into 6 row
and hurting him or anybody else.
The jury was given the case about 8
O'Clock, and within about forty minutes
came down with verdict of not guilty.
Dyer had been in jail just thirteen months
when his trial began.
Judge Robert Falligant was quite sick
yesterday. and in the early morning did
| not think he would be able to finish the
Dyer trial. He had a high fever and was
suffering considerably. The case having
been started, however, he determined to
finish it if possible. and managed 10 keep
up until its conclusion
| AS he will be unable to be in the court
room to-day the trial of Abe Small for
the murder OF Policeman Jansen Neve
has been postponed until March 90 The
trial was assigned for this morning All
of the witnesses in the case, however, will
be expected to present themselves in the
court room this morning at 10 O'clock in
answer TO their subpoenas. They viii be
given Instructions at that time as to
when they will be needed.
The trial of the damage suit of S. l..
Caldwell against the Savannah, Florida
and Western Railroad was stin in pro-
gress in the City Court yesterday The
defense finished putting in its testimony
last night, and the case will be argued
to-day New testimony has been intro
duced on both Sides il is said, and in
view of the fact that so large a verdict.
$4,000, was given on the occasion of the
last trial, theresult Is ava lifted with some
interest. Caldwell was hurt 10 an acct
dent' on Florida branch of the road.
Clerk J. Il. r. Carr Of the Superior
Court gives pollCe that All pett jurors are
discharged until Friday morning. The
witnesses in the Abe Small case are re-
quired to appear in court on Tuesday
morning.
| a-s------
said II Was "a Mistaken Count
S. II. zoucks, reported yesterday in
connection with suit between himself
and III. r. Williams of Stewart county, in
VoVing 4 mistake in counting money,
CLAIMS he counted over the money paid
Williams. and finding he had given him
$40 too much. then deducted the amount.
| 10 otof ia dfI MOI ooLs NViiffa ma nor