The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-08-17
PURE QUESTION OF FACT.
CONTINUED from Eighth PageJ

and s-examination only served 10 re-
@resh his memory and render his more Ger
tain of the accuracy of his statements.
! NJ. Love, the proprietor of a store at
Ssndfy station, was then placed on the
stand by the solicitor general. The wit
ness said that on the nigh< of the homi-
eide he was in his home at Sandhy sta
lion, where he conducts a small shop
From the darkness surrounding the sta
lion he saw three negro men approach
ing. one of whom he recognized as Sea-
horn Hays and a second as Joe Lloyd
The third they called Jim. The voices of
the men were raised in loud and appar-
an1lv angry conversation, and above all
the others that of Hayes could be clear
lv distinguished by the witness.
The men stopped under the shed at the
station and the witness could then dis
anguish what they were saying Hayes
was the leader of the conversation as he
was of the party. The witness heard him
say. I'm show that c. d cracker
- how to take my fare and then
nut me off the car" Further on Hayes
said: I'm stand here and Jim, you stand
over there If that conductor don't re-
turn my fare III shoot his d heart
out" The other men, said the witness,
said IAN right"
For ten minutes or more Hayes contin-
ued to abuse and curse the conductor
Then his sister and sister-in-law, who
lived just across the way, called him over
to their home. Hayes went over and the
women tried to keep him quiet even Of
fering to give him the money he claimed
the conductor owed him. The witness
heard the defendant tell these women that
is the conductor did not return his money
he would kill him.
Then the witness started out through
the fields and waved down the car.
which was then returning from the city
and which he heard approaching the sta
ton. He gave the conductor the warn
ing after stopping the car, telling him
his life was in danger. Before the car
reached the station he jumped off.
Mrs. Julia Love, the daughter-in-law of
the witness who preceded her on the
stand. heard also some of the profanity
and threats in which Hayes had INDUCED
abou, the station. She saw the three men
on the sides of the track as the car came
up and saw Seaborn Hayes point his pis-
tol az the motorman and command him
to stop. The motorman attempted some
reply, which was inaudible to the wit
ness, and then Hayes fired The other
snots came quick and in close succession.
Mr.. Fl. L. Richmond gave the clearest
and most lucid account of the incidents
attending the homicide that came from
any witness on the stand during the entire
course of the investigation. Mr. Richmond
was passenger on the car and was sit
ting on the front seat, next to where the
motorman was standing. He saw the wit
ness Love when he tagged the car and
heard his conversation with the motor
man and conductor. The warning thus
communicated had attracted his attention
and held 1t firmly fixed upon the events
hat followed it so closely. His senses
were all on the alert as the car rolled into
the station.
AS The car came to a stop 1 saw two
negro men on the left side of the track"
sad the witness. but as they displayed
10 weapons I did not give them much at
teiton. Then l saw a negro man step
from the shadows on the right to the light
ia front of tie car, on the right side of
the track. He held a pistol in his hand
ands presented il the conductor as he
called upon him to stop.
" Now. look here, what the motor
man began, said the witness, reaching
behind him as he spoke for the pistol The
conductor held. AS he did so the negro
fired the first shot, and then, the motor
man having secured the conductors weap-
OIL and presented il, pistol duel followed.
There was fuslade of shots and when
it was over the conductor the
motto! man and myself were the only
persons left on the car" The witness
made TINS last statement Ill Iti9IIOiISC ~
a question from the solicitor general.
The witness described how he and Var
nad0o had got off the car together and
started after Hayes, who had vanished in
the woods surrounding the station The
motorrnan had gone only few PAGES
when he told Mr. Richmond he was shot
three times, twice in the stomach ana
once in the arm. The witness had ASSIST
ed the wounded man to the car, Whlch
then returned TO the city.
County Detective Wetherhorn testihed
10 his recovery of the pistol from Uncle
adams pawnshop, where it had been
pledged by Josh Butler the negro man In
whose house Hayes had found refuge and
where he was arrested. The pistol, said
the witness, had been identified by the
defendant, when il was shown him in his
cell at the station house. The weapon
was introduced in evidence and the state
rested its case.
The defense began it's evidence with
the introduction of Police Sergeant Henry
w Baughn, who tod Of Hayes arrest.
The negro, said Sergeant Baughn, had
submitted to arrest quietly enough. In
deed no opportunity of escape had been
permitted him, the plan to entrap him
having worked without a hitch.
For some unknown reason the defendant
here introduced Henry W. Langbell, who
seat Of the car He swore positively and
uncquivocally that Hayes had first turn
Cd up with a pistol in his hand, and that
he had fired the first shot. All he mad
heard the motorman say, before Hayes
fired, was that he did not wish to nave
any trouble.
Then the defendant introduced a long
line Of negro witnesses, all of whom tod
identlcally the same story These Wit
nesses included Richard Strobhar Tom
Kemp, Nathan Kemp Marion Collins, AID
salon Young, Susannah Middleton ana
others. the burden of whose song was that
the motorman had fired two shots az
the man on the ground just as the car
stopped, and before any but the briefest
OF conversations had ensued. Most OF
these witnesses were either related 10 the
defendant or had known him with greater
or less intimacy all of their lives.
With the witness Strobhar on the stand
a humorous incident occurred
How long have you known Seab
Hayes?" queried the solicitor general
Il couldn't exactly say, SIR" said the
witness.
well. was IL a week." The witness
admitted that 1t might have been even
longer than that. On further reflection
he thought probably that it was a month,
but seemed to be absolutely stumped
when he was asked If ii might not nave
been a year. over this question he pom
dered with great apparent gravity for
some minutes. looking at IL evidently