The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-19

| Then the flrSt shot was nred, with the
baby still in Buzbee's arms. The boys
mother took the child from him, and
Mel's wife attempted to prevent further
shooting, Ii was then that the second
and fatal shot was fired. According to
the testimony of this witness, Buzbee
never made an attempt TO strike Nell or
to attack him in any way, though he had
picked up small piece of brick from the
street and held it as if for his defense
The cross examination of the witness.
conducted by Mr.. Colding, though il did
not serve TO interfere with or confuse the
story of the homicide she had told on the
direct examination, was not compiim anta-
ray in its results to the character of the
witness. She was forced to confess that
she had once been known as Jennie Buz-
bee and declined 20 answer question as
to the nature of the house of which she
/ had formerly been the prOprietress.
The next witness was Lula Taylor
girl who had lived in the same house with
Nell and his wife. and was an eye wit
ness of the events eliminating in the
tragedy. Her testimony was virtually
and in all essentials Identical with that of
the witness who had preceded her on the
stand She had seen the difficulty from
a window in the Mels' house and knew
that Buzbee had never made any attempt
either to strike or attack Nell or 70 en-
ter the enclosure surrounding the prem
ises. The witness could not be shaken
state rested its case.
The Prisoners Statement.
The prisoner was put on the stand to
make his statement. 1t was long, ram
| bling and involved. but very cleVerly word
| ed. and contained just enough of senu-
ment to make it's drer portions palata-
! bic. Leaving out the unessenual preilmi-
/ naries his story of the homicide made
out a complete case of self-defenSe' lie
told of the quarrel between his wife and
himself and of her leaving for her moth
| er's home, to get some one to make him
give up the child. When Buzbee approach
| ed it was with an oath directed a Nell
on his lips and a threat to follow it, Nell
related how he had expostulated with the
youth and tried TO get him to leave, but
this Buzbee would not consent to do The
argument had become heated and the boy,
with motion towards his pocket, made
a threat to shoot 1T was then and not
till then said Nell to the jury, that 1
drew my own pistol and fred l was sorry
to do It, but had to in order to save my
own life
The prisoner then told how he had gone
on his bicycle to the home of his mother
and of his arrest there by Patrolman Mel
drim. At thfs point in his statement,
the prisoner attempted to describe some
! interviews he had had with his wife
the subject of Buzbee's killing and the
| disappearance of the revolver which Nell
Claimed the boy hdd at the time ne was
shot. Solicitor General Osborne objected
to this form of introducing in evidence the
statements OF the wife that the law pre-
cluded her giving in person, and Judge
Falligant sustained the objection.
In his story told the jury Nell went into
details as to the life formerly led by the
mother of his wife, and for that matter,
by his wife herself, showing the abandon
ed nature of the older woman and the
manner in which she had made use of her
daughter to fill her own pockets Nell
said that he had rescued Annie Buzbee
from this life, and that after a time when
he saw that she was determined TO do
better, he had married her. With the
statement of the defendant his counsel
/ rested
The RebuttnI Testimony.
In rebuttal four witnesses were intro
duced by the solicitor general before the
| adjournment for dinner. Eliza Black tss-
tilted that Buzbee did not have a pistol
| at the time he was shot by Nell, or any
other weapon from which the slayer might
apprehend that his own life was in dan
ger The boy, said his mother, never had
a pistol of his own in his life Lula Tay-
! lor, recalled, testified approxma tely the
same state of facts.
A. j. Reynolds, the next witness, came
upon the scene after the shooting hav-
ing been attracted there by the crowd of
persons who, had gathered. He SPOKE of
! nfQlnS tne boy WOUNDED ana dying the
| ground, with his mother al his head
weeping and sobbing. With p Buttimer
who was also placed on the stand, Rey-
nclds had taken the lad to the home of
his mother and had carried him into The
| house and assisted in undressing him and
| placing him on the bed. He had search
I ed his pockets and found no weapon. lie
had seen none near the boys hand or
anywhere in the vicinity when he came
up. The witness, Buttimer, whose testi-
mony concluded the morning session.
swore as had his predecessor on the
| stand
When court again convened at
o'clock in the afternoon Judge Falligant
| announced that after considerat on ana
consultation with the solicitor general he
had decided to permit the defendant 10
make that portion of his statement that
had been previously ruled out, and MeH,
in accordance with thisspermisson, again
mounted the witness stand and faced the
twelve men who had become the arbiters
! of his fate.
The supplementary statement was TO
! the effect that after his arrest and the
coroners inquest his wife had come to see
him at the jeil. He described mnutely
how he had succeeded in getting her to
confess what ne contended was the truth
of the case--that young Buzbee had a re-
volver at the time he was shot and had
| attempted to use 1t. His wife, so Nell
told the jury, had told him that his moth
er-in-aw had taken this revolver and
given It to Mrs. Fennell and that Mrs
Fenne had dropped It down a closet in
the presence of the wife. This was the
essential part of the statement, but It was
backed. up number of circumstantial de-
tails, that seemed to be thrown in for the
purpoge Of giving 1t authenticity.
| In rebuttal Lula Taylor was placed again
on the stand. She reiterated all that she
had formerly testified and told the jury
of several attempts made by the wife IT
! Nell to induce her 10 remember the pis-
| tol and to testify to Buzbee's possession
| of II on the stand. She had refused. She
had first heard of the pistol alleged to have
! been held and hourished by young Buzbee
after his wifes visit to the Jail to see
her husband. Ir was upon the return OF
the wife from this visit that the attempt
/ had been made TO get her 20 swear 70 the
lads attempted use OF the deadly weapon.
Mrs r. Y Fennell testified that she had
! been the first 20 reach Buzbee after ne