The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-04-18
PENDLEY PLACED ON TRIAL.
CONFESSION TO PONDER's MURDER
Used AGAINST HIM.


How Ills Pistol was Found-His
Anxiety the Night of Ponder's MUIR
der-The Defense Outlined.
Atlanta. April l7-John II. Pendley,
who recently confessed TO murder and then
retracted the confession, was placed on
trial for his life before Judge Gambler in
the Superior Court this morning. charged
with the murder Of Policeman T. J. Pom
der.
Fendley and George Bankston We're joint
ly indicted for the crime. but when the
cases were sounded Judge Gambler asked
if the state or the defendants elected 20
sever, and the state asked separate trials
DR.. j. L. Mcdaniel, former county ply
slcian, was the first witness for the state.
He did not remember the date of the Pom
der killing, but ne saw the body at an
undertaker's establishment and performed
a post-mortem examination. The doctor
said the policemans death was caused by
bullet hole in the chest, near the fourth
rib on the right side
States Main Witness.
John w. Rice. farmer who watched
al the Brown building in Bankston's place
on the night Ponder was killed, testified
next. Rice had been at work on the build
ing as a carpenter and had hurt his fin
ger. He had known Bankston for about
two weeks, and went on duty to watch in
Bankston's stead about O'Clock. Reply
ing to the question whether or not he
saw Pendley the night OF the killing, he
said:
Yes, he was standing there, just off the
sidewalk. After l came up Bankston said
to Pendley, Well Wen CO.. The two men
started off together In the direction of
Steinau's bar. They had not been gone
long before 1 heard shooting. BanksIon
came back afterwards TO relieve me- but
did not see Pendley any more that night"
On the cross-examination, Rice said he
did not know Pendieys name at the time
ne saw Pendley at the Brown building
with Bankston. The next time the witness
saw Pendley was at Decatur. Rice went
down on the street car with the police and
detective officers. Pendley was the only
convict he saw, and the witness had no
difficulty in identifying him as the same
man he had seen at the Brown building
On the redirect examination the solicitor
asked If Pendley admitted at Decatur that
he had participated in killing the police
man.
He did" said Rice. He said he was in
the saloon with Bankston that night, and
he thought his own shot had killed Pom
der. He pointed to me and said was the
man that relieved Bankston, or 1 was the
man that he had. spoken Of I don't know
his exact words, but he identified me-"
A strong effort was made to make Rice
say he was not positive Pendley was the
man he saw just before the killing. but
he xUif tod in ha
satisfied Pendley was the man.
PendIey Was Warned.
Mr.. j. E. Maddox, foreman of the grand
jury, said that before Pendley made his
statement TO the grand jury he was told
he did not have to testify If he was go
ing to say anything to incriminate himself
Pendley said he wanted to testify. Mr..
Maddox said he asked Pendley why he
confessed to the crime, and if he did not
know he might be hanged or sent to the
pt nitentary for life Pendley replied that
he realized what he was doing, and he felt
relieved after making the confession. Pend
ley thought he might get off with life
sentence.
l.. b. Norton of Lthonia, an attorney,
saw Pendley at DeKalb Superior Court
last February and asked him about the
Ponder killing. Mr.. Norton told Pendley
he ought to be careful what he said, as he
was putting his neck in the moose, and
Pendley said he thought he had fired the
fatal shot.
How the Pistol Was Found.
Detective ]. L. wooten testified Pendley
had told him where 20 go for the nistol
with which Ponder had been killed Pend
ley said his mother had pawned it In Ia
thonia- Wooten identified a weapon hand
ed to him as the one he had secured under
Pendley's instructions.
Mr.. Wooten also told of Pendley's having
confessed to the killing of the poJicernan
On the cross-examination the detective
was asked what reason Pendley gave for
going into the whisky store, and he re-
piled:
''Pendley said Bankston told him that
Steinau had offered $50 to get some papers
out of the safe"
To further identify the pistol the solicitor.
introduced Joe Watts a IAthonia negro
with whom Mrs. Pendley had pawned the
weapon for 81. He said Mrs Pendlev sllh
sequently told him he could get rid Of the
pistol as she did not want her son to have
IL any more.
He Was in Deep Trouble.
Jack Palmer, a black convict from De-
kalb county, said he was in the Decatur
Jail the night Ponder was killed. Pendlev
gave the negro some whisky, and said he
were in the gang together, Palmer said
Pendley told him of having killed the
policeman at Atlanta. Palmer was the
first one TO whom the confession was
made. Pendley, said he wanted Capt. Jim
Hunter to know about the affair, and
Palmer notified the captain.
Luther Clark, who was also in Jail at
the time. testified to Pendleys visit Jim
Hunter the boss of the gang testified that
the negro convict told him Pendley wanted
20 see him. He went to see Pendley, who
asked Mr.. Hunter If he wanted to make
$700 that there was a reward of that
amount for the man who killed Ponder
Mr.. Hunter said he was willing to make
the money. Then Pendley confessed 10
the crime.
On cross examination, Attorney West
moreland asked about Pendley being whip
pea al the chain-gang. Hunter said Just
before the confession he had been whipped
by Capt. Nash for cutting another con
vict on the hand with an ak. The wit
ness did not know that Pendley was ad-
dieted 10 the morphine habit He did NOT
think Pendley was more anxious than
other convicts to get out of the chain
Win TlnDfarfe