The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-12-12
NELL GOT TWENTY YEARS.
THE JURY FOUND HtM GUILTY OF
NoIUNTARY MANsLAUGHTER

verdict Renched AFTER Deliberations
EatrndinE over Nearly rive Hours.
Eloquent Arguments Wade During
the Morning srssion-JudEc Fal-
ugnnt's Charge n clear Presentn-
ton of the Lavish Of the Jury
men wanted 20 Turn Well Loose.
The verdict Compromise-Judge
FaniEant Imposed the Extreme
Penalty of the Law-NO Motion for
New Trial.
A jury o. twelve good men ara true
returned vcr4.rt "a The superior Court
Yesterday shat found ". S. Nioll. the
slayer ~ u.'ie Jimmie Buzbeo guilty o.
voluntary mans.hugater.
Judge Tllieant sentenced Mel 90 TWEEN
IS years in tho p.utennary This was
Do much as the court could DO. the law
prohibiting any severer punishment Tor
mo crime Of which the jury found Men
guilty. The law says that the punish.
meut for voluntary monsI1ughter shall
b- impr. comment al hard labor IN the pen
t,nuary Tor from five % twenty years
judge FalliEau, imposed the hcavles.
sentence the law permits.
when court convened yesterday morning
some little evidence was introduced. Mrs
Lula Smoke was placed on the stand ty
the solicitor general. and toetlned that
.he boy whom Mel shot had no pistol
ir us hand at tho time % the homicide
ana none on his person The witness said
she had every opportunity to observe
everything that happened. and would
have seen the weapon had the boy dis
PLAYED o..
This closed the evidence for the state
ana The defense placed two or three I.ttlc
! boys. who had known Young Buzhep when
/ Doe was their schoo mate at Hsthpsda. ON
the stand. They testified that az ono tlmo
or another they had seen the lad with
| pistol Mcn made "a supplementary state
| meni ~ 20 "a matter Of go inheritance.
Then began the arguments TO tho jury.
/ solicitor General W. ". Osborne prtsert-
INK tho contentious OF the state. ana Ar
! Joseph A Crouk and Mr. n J.. Coidiue
/ speaking Tor the defense Tho arguments
/ followed the lire 90 the evidence for tho
| state and the defendant. the solicitor gem
| eral contendinE chat the killing was a
brutal, Causciess ami unnecessary as.as-
sination. and counsel for the defense that
I % bore every external mark Of justInca-.|
/ ton and necessity. Thus widely DO opin-
/ ions differ.
Judge Falligant's charge 10 the jury was
/ a dispns-ionate statement Of tho law v1n-
trolling the case. fair 10 b1sh the state
ana the accused. The case went 70 tho
! jury few minutes after ! o'clock.
MRS Nell, the mother OF che defendant
ana MS sisters had been present In tho
court room during the arguments OF conn
sel and the delivery 81 tho charge Of
4 Judge Falligant They were much az
/ icctei hy what was being said and was
/ ID
bore themselves WI'h a simple dignity that
/ intensified the sympathy which everybody
/ In the courtroom feit for chem
/ AZ O'Clock IL was announced from tho
/ jury room that there WAS no prospcct OF
4 an immediate agroe meut AMI dinner was
/ sont up from one 81 the hotels ~
/ o'clock agrcomcnt seemed TO be as FAR
/ away as ever 4 little less tfan two
/ hours later it was announced that che
! jury had agreed.
Meantime there bad been happenings OF
/ some interest on the other side OF the
/ closed doors behind which the jury sat
! and dclihcrated When the frs ballot for
| verdict WAS taken 81 was discovered
| that there We're six 81 the jurymcu for
| conviction ana six for acquittal Six OF
| the jury actually wanted 10 fud Nell tn
| noceut, They wanted 90 say thas ho was
| guilty ~ no crime whatever and that
| the killing OF the unhappy and uufortu-
that would excite the fears OF "a reason
able man that his own life was in dam
/ ger.
Gradually the jurymen reached com
| promise voriics IL is understood that
| some Of them wanted 20 find Nell guilty
/ OF Involuntary manslaghter, hut different
| counsel prevailed and this verdict was not
/ committed.
Solicitor General Osborne was not pres
| ent when the Jury was brought into the
/ court room The prisoner. however. was
brought back from the JAM AMI his coun-
eel were with him when the verdict was
received ana rad. Il was few minutes
after q.
Gentlemen or the jury. have YOU agreed
! upon verdict2' asked Judge Fallfgant
we have" answered Foreman Rees.
Mr. clerk said she court. receive
and rond the verdict.
THE state against W. S Nell. Muir
dor. read CLERK carr I'VE tho jury
ind the defendant guilty OF voluntary
manslnughtcr.'
The jury WIS discharged. Nell sat with
/ an impassivc face while the verdict was
! beieg read a face that expressed neither
disappointment nor relief The neutral
| aspect 81 his countcuaucc probably typi-
fled tho midway point between tho two
emotions.
Wv Nell stand ~" ordered judge
Falhgant Tine prisoner stood ia his
place You have been indicted for the
crime OF murder The jury that has
tried your case has found YOU guilty OF
voluntary mausloughtcr. Whercupon T.
81 considered and adjudgcd hy the court
that you. ". $ Nell. be taken hence q
the common jall OF Chatham county by
guard 30 be- detailed by the sheriff that
YOU Doe there detained untll demanded by
a guard from the penitcutiary. that you
/ be- then taken TO the penitenuary osiincc
Of Gcorgin, and there or az such other
place a. the Governor OF the state may
from time 10 time direct. De confined 90
hard labor Tor and during tho space and
term 81 twenty years"
The prisoner heard the Judgment 81 tho
court with an air that matched his Re-
ception % the verdict II was altogether
/ impressive
Mr.. H. l.. Colding, 81 counsel for Neil
stated that q was not likely that there
would be motion for now trial u
!s probable that the application 10 the
Governor for pardon. which 81 course
is inevitable. will not be made Tor "a year
or two.
FIFTEEN SUITS DISMISSED.
| Creditors Have fame en- gutg.e,.s,-.