The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-09

the testimony Of the witness on any ma
terial point, and indeed counsel did not
attempt TO examine him at great length.
Dave Robinson, the cook in Birds res
taurant, was the next and last witness
of the day He described himself and his
occupation and the location of the restau-
rant, with the relative situations of the
two rooms 1t contained, their exits ana
entrances. The front entrance was on Bay
street, while door in the rear led to a
yard upon which also a door from Gold
ems saloon opened. The saloon adjoins
the restaurant on the west
Robinson told of the employment of Jen-
kins by Bird and of the formers service
in the restaurant for three days proceed
ing the homicide On the night immedi-
ately preceding that of Sunday he had
left the restaurant at about 9 o'clock. as
business was dull, and Bird wanted him
to come TO work early in the morning.
When he left Bird was lying on the bed
in the kitchen, aud jenkins was sitting on
a chair in the same room. The AK which
Robinson used TO cut the wood for his
cooking was in the yard.
Robinson was the first one to find Bird
i'm his desperately wounded condition in
the morning. He told of his coming to
work shortly after o'clock and trying
10 get in through the front door of The
restaurant, on Bay street. 1t was locked
and barred and he could not move it. He
yard and TO the rear door of the res
taurant, the one opening from the kitchen.
1t was unlocked and ajar, and he en-
tered
The sight that met his gaze was grew
some and horrible. Bird was lying on his
back in the bed, his skull crushed open,
and his blood still oozing from the wound.
Blood covered his face and breast, testi-
fed Robinson, and had filled his eyes His
eyes were SO swollen as to prevent his
seeing, and his groans We're pitiful in their
agonizing expression of terrific and al
most uncomfortable pain and suffering.
The ak was leaning against one of the
doors, SCATTERED with blood. The handle
of a knife used about the kitchen was
also covered with blood. The witness iden-
titled the knife and ak shown him by the
solicitor general Then he told of the find
of hat. on the bed on which Bird was
lying. behind the wounded man. The hat
belonged TO jenkins, being the same one
that Reilly had previously identified. 1t
was the hat shown Robinson by the So
licisor general, and, with the ak and
knife, it was offered in evidence.
In response to the questions of counsel
for the state, Robinson stated he had
washed the blood from Birds face and
had succeeded partially In reviving him
II asked him who had struck him with the
AK" said Robinson, land he said"
stop" said Mr.. Travis. The next few
minutes We're taken up in an argument
of the admssibility of a statement of
Bird made at this time, Solicitor General
Osborne contending that 1t was part of
the res gestae, and as such admissible
and Mr., Travis that it was pure hearsay
and absolutely irrelevant. The evidence
that Robinson was going to give was a
statement that Bird had told him that
Jenkins had attacked him with the ak.
BY this time it was nearly O'Clock, and
Judge Ealligant announced that he would
take recess until this morning, when the
admissibility of the statement in evidence
will be argued at greater length 1t is
stated further that the state win intro
duce in evidence. or seek to do so, an al
legged confession of Jenkins that he is
guilty of the murder. The jury spent the
night at the Screven House. incommuni-
cado and under the charge of a court
hailif. This mornings session will begin
with Robinson still on the stand.