The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-09
ON TRIAL FOR HIS LIFE.
DAMAGING TESTIMONY BROUGHT
OUT AGAINST HARMON JENKINS.

He Is Being Tried ia the superior
Court for the Murder of Joe Bird.
Evidence Against Him Is Circum-
stantiaI. But Bids Fair to Be
Stronger Than Had Been Expected.
Judge FaIIigant oVerruIcd "a Mo-
ton for Continuance Made by the
Defcnse-Bird's Cook Testified to
the Discovery Of the wounded Man
and His C0nGftion-Hearing VIII
BE Resumed This Morning.
The trial of Harmon jenkins for the
murder of Joe Bird, on Oct. %, 1899. was
begun in the Superior Court yesterday
At 7 O'Clock at night, when the court took
a recess until this morning. the fourth
witness for The state. Dave Robinson, was
being examined by the solicitor general
When court convened and the case was
called, Mr.. Robert J. Travis, counsel for
the defendant, asked that postponement
be taken until the afternoon, so that GER
tain Witnesses who had been subpoenaed,
but who had failed to appear, might b.
sought and their attendance upon the trial
enforced as witnesses for the defense. To
this no objection was mterposed, and the
short recess was taken accordingly.
The court convened again at 4 O'Clock
in the afternoon, and by that time five of
the six Witnesses whom Mr.. Travis desired
TO have in attendance had been secured,
but one, Frank Jones, was still missing,
and the officers of the court reported that
they had searched the section of The city
In which he is said to reside high and
low. without having been able 10 find
any trace Of him or of any one who knew
anything about him.
Under these circums tances, Mr.. Travis
made a second motion for a continuance,
offering the affidavit of his client, to the
effect that Jones was a material witness.
and that ii would he unsafe for him TO
go to trial without the presence of this
mysterious individual In further support
of the motion Jenkins swOre that he had
been indicted only on last Friday. and
that neither he nor his counsel had been
notified of the assignment of the case for
trial until the evening of that day. his
affidavit contained the statement that it
was expected TO prove by Jones that
third person. Moses Graham, had oppor-
tunity to commit the crime, and that he
had motive for so doing.
The solicitor general put Sheriff Sweeny
on the stand to counteract the effect of
certain portions of this affidavit. The sher-
iff stated that he had received from, MI
Travis by mail, just the morning of the
trial, a request that he summon Jones
and other Witnesses, and that he had sent
two of his deputies, well acquainted with
the locality in which Jones was said to
live, and with its inhabitants, to serve the
subpoena upon him. Jones could not be
found nor could any one be seen who
had ever heard of him.
A trifie daunted by this lack of success,
the sheriff had asked Jenkins himself who
was seated during this time in the sher-
ifs office. if he knew anything of Jones
or could give any information likely to
lead TO the discovery of his witness. Jen-
kins is about as stupid and unintelligent
a negro as can well be found, and stated
in reply that he had never seen Jones and
knew nothing whatever about him.
IT was with some surprise, then, that
Sheriff Sweeny listened to the affidavit Of
the negro, made ostensibly upon his own
knowledge of the facts of the case, that
Jones was a material witness, and show
ing with some detail the facts and cir
cumstances it was expected to prove by
him. as to the alleged possible chance that
somebody other than the defendant was
responsible for the death of Bird
Mr.. Travis went on the stand himself
90 explain the manner in which he had be-
come acquainted with Jones alleged
knowledge of the case. He had run across
him In a tour of the district he had made
In the interests of his client and Jones
had volunteered the information upon
which the affidavit was based.
Under the circumstances, Judge FALL
CANT did not think that it would be proper
for him to grant the continuance asked,
and he overruled the motion of the de-
Tense for the reason that in his opinion,
II did not set up legal ground for post
poning the hearing of the case. The in
dictment was then read to the jury, in
securing which, by the way. an hour or
more was consumed, and Jenkins was ar
raigned. He pleaded not guilty.
The first witness for the state was Dr.
George N. Norton, who testified that he
had been called to attend Bird on the
Monday morning when he was found in
his room He explained the nature of the
mans injuries, saying that they had been
produced with the ak which was leaning
then against the desk of SIr. Osborne.
DIR. Norton stated that the skull had been
crushed in and that he had removed por-
tions of it from the gaping wound in the
scalp. Ii was never possible that the
man could recover. DR. Norton attended
him until hts death, some days afterwards.
The witness also testified that the blade
and handle of the ak with which the muir
derous assault had been committed were
smeared and dashed with blood. The AK
was leaning against one of the doors of
the room in which Bird was found. This
room was the kitchen of the little eating
house of which Bird was the proprietor
and where he customarily slept.
Coroner John A Coffee gave some evil
dence as to his investigation of the case
and the condition of the room when he
first saw il, on the morning when Bird
was found.
The next witness was William Reilly, O
cousin of the defendant who gave dam
aging testimony against him. Reilly said
ataf Tas,Iy ,aA frT.re h..
tiary, where he had been serving a FIVE
years term for burglary, a few days be-
fore the homicide, and came to the home
of his kinsman II appeared that he was
a persona non grata there, on account of
his previous criminal escapades and Reil-
ly testified that he told jenkins that the
latter would only be permitted to spend
single night there. and this favor was
granted only because he had but just been
released from the penilentiary and was in
trouble, want and distress
on the next morning Reilly and Jenkins