The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-07-01
M'GARVEY GUILTY OF MURDER.
HAWKINS SLAYER SENTENCED TO
PENITENTIARY FOR LIFE.

utes After Retiring From the Court
RoOm-The Plea of the Defense
Moral IrresponsibiIity Due TO Nc
Garvey's Mental Condition. the Re
suit Of Continued Drunkenness for
which 1t Was Charged Hawkins
and His Wife Were Responsible.
Thomas McGarvey was found guilty. Of
murder with recommendation to mercy.
and was sentenced to life imprisonment in
the penitendary, for the killing of George
Hawkins. The crime was committed June
Is. The public is familiar with the circum-
stances which were published in fun In the
Morning News. The jury reached its YER
dict al l2.45 O'Clock this morning, having
been out about IS minutes. Hawkins was
Immediately sentenced by Judge Fa}ligant.
The trial was one Of the most resting
which has taken place in the courts for
some time. Owing TO the fact that McGar-
vey had killed Hawkins, his Cd crouy and
companion while the two were engaged in
a drunken debauch, and that he appeared
to have no knowledge of the crime being
apparently mentally irresponsible at the
time verdict Of manslaughtor was gen
orally looked for. In fact, Solicitor General
Osborne offered at one time TO accept a
plea of voluntary manslauahter for Nc
Garvey, which proposition was declined
The attempt upon the part Of his attor-
neys, aided by McGarvey himself, to es-
tablish a claim of total irresponslblity
gave the solicitor general an opportunity
TO riddle the defense which proved fatal
TO It's hopes.
The attorneys who represented McCar-
vey, Messrs. Charles d. kline and Shelby
Myrick, made an able ana ingenious de
Tense, which was creditable to them in
every way. The preponderanCe of the evil
dence and the weight Of the law were both
against them, however, and The verdict
was no surprise TO those who heard the
case throughout.
The line of defense adopted by McGar-
vey's attorneys was that the crime. il
committed by him, was committed at a
time when he was mentally unbalanced
due to the constant use of stimulauts in
unlimited quantities, ana that this state
of affairs was due TO the efforts of the
deceased and his wife, who had Piled Nc
Carney with liquor from the time of his
return to the city until the crime was
committed for the purpose OF rendering
him helpless in order that they might
received when discharged from the army
II was coutended that McGarvey antic-
ipated such an attempt on the part of
Hawkins and his wife and that IL was
for this reason that he deposited his
money, or the larger Iart OF it, with j.
II. II. Entelman, "A grocer In the neigh
borhood, Ia order to keep the Hawkinses
from getting control of it. The defendant
undertook TO bear out this theory in his
statement TO the jury.
The greater part of the morning was
spent in hearing an oyster stealing case,
and it was after y O'Clock when the Me
Garvey case was taken up. There was
a larger crowd of white spectators in
court than usually attends upon such
cases. McGarvey sat beside his attorneys
and showed great interest IN his case His
face was worn and hagsard. but his eyes
were bright and flashed intelligenily back
ard forth. He took quite an interest i'm
picking the jury and occasionally made
foolish remarks about the jurors, which
may have been intended for effect. Nc
Carney had on the Old blue suit which
he wore when discharged from the army
the brass buttons having been replaced
with black ones As he stated later. he
did not even buy himself a new suit OF
clothes out of the Si6S which he received
when mustered out
Fourteen jurors went OFF for cause, an
unusually large number, out OF less than
4ldll a HAiltkitd. i ne tfttebSG struck sew
enteen and the state seven. and at 9
O'Clock, when the court adjourned for
dinner, ten jurors had been secured The
two remaining jurors We're secured when
court convened a 4 O'clock, the Jury be
ing composed as follows; w. T. Swan
ston, Frank J. Bohan Leon Fried, r. +.
downing, J. II. A. Willie, Adam Heller
Andrew Paul. John b. Barton, George N
Collins Luther b. Greer, John T. Nolan,
Armand Chapeau
The first witness put up by the state
was Coroner John Goette, who held The
inquest over Hawkins. The witness had
also seen Hawkins before he died his
throat being cut from ear to ear. and
the windpipe severed. Coroner Goette pro-
duced the razor with which it was al
legged the fatal wounds were inflicted.
The nve negro women who were in
Bfoughton street lane. opposite the Haw-
kins house when the cutting occurred
We're all placed on the stand Their testi
mony was substantially the same They
testified to hearing Hawkins and McGar-
Vey qudTeltng in the house but said that
ms was such a common occurrence that
tney paid no attention 10 il. Besides the
two men were creating no great disturb
ance. The women saw Hawkins. who was
sitting on the back step, go back in the
house Presently he came to the door.
holding his hands to this throat with the
blood streaming down They saw chat his
throat was cut. lie tried to speak. but
could not Shortly after Hawkins an
peared they saw McGarvey go out the
back way into he lane and make off down
Habersham street in a rapid walk Some
OF the women ran after an officer Police
man Crimmins was found on Price street
ana arrested McGarvey who was then
going in the direction of Bay street.
Policeman Crimmins testified that when
ne arrested McGarvey the latter said that
Hawkins had hit MIN with an ak and thar