The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-08-17
BUNCoMB GOES UP FOR LIFE.
VERDICT OF GUILTY WAS ACCOM-
PANIED by A RECOMMENDATION


Superior Court, Less Than a Week |
After the Commission of the Crime.
But Four Witnesses Examined.
These Made Out a Clear Case of
Murder-DefendantS Stated He Was
So Drunk on the Night of the HON.
icide He Did Not Remember the
Occurrence-This Contention Urged
Before the Jury With Good Effect.
Convicted by the verdict of the jury that
tried him of fratricide, yet recommended
in the same verdict to the mercy of the
court, James Buncomb was sentenced by
Judge Falligant yesterday to confinement
and hard labor in the penitentiary, for the
term of his natural life.
The case, in which there were but four
witnesses to be placed on the stand, was
taken up before that of Seaborn Hayes,
charged with the murder of Motorman
Lucius B. Varnadoe. The evidence show
ed, in brief, that on last Saturday night
Buncomb, filled with mean whisky, be-
came abusive and quarrelsome, that he
first beat the niece whom he had viz
tually adopted and supported as his
his brother, Jeff Buncomb, drew knife
and stabbed the brother to death.
Solicitor General w. w. Osborne con-
Quoted the case for the state, while
Messrs. Richard NJ. Charlton and Cosmo
r. Hardee represented the interests OF the
defendant. In but little more than three
hours the jury had been selected, all the
witnesses examined, the arguments made
and the charge of the court delivered. In
a half hour more the jury had reached It's
verdict and the defendant had been sem
fenced to expiate his crime by life term
in the penitentiary.
The first witness was Coroner John A
Goette Mr. Goette testified to the nature
of the wound which produced the death
of Jeff Buncomb He had found the body
of the dead man in the house on Lumber
street, in which the homicide had peen
committed and described TO the jury the
situation and furniture of the room.
The wife of the dead man, Emma Bun
comb, was next placed on the stand. The
witness was not in the room in which the
homicide was committed, but through the
thin partition that separated her from the
other members of the family she could
hear all of the converse lion and the noise
of the other incidents that Immediately
preceded the killing. James Buncomb had
come home in state of partial intoXlca-
ton and had been rough and abusive in
his conversation. She had heard the out
cries of the girl, Martha Brown, when
her uncle was beating her, and had heard
her husband demonstrate with his brother
for this piece of unnecessary butahty
Then she heard her husband say,
you've got a knife" and Immediately
afterwards, MY God, you've cut me-"
When she entered the room she found
her husband weltering in his blood.
Jacob Buncomb, the son, and Martha
Brown, the niece of the dead man, were
eye-witnesses of the homicide Their
evidence was practically identical, show
ing that the quarrel had begun over the
beating of the latter by James Buncomb,
jeff Buncomb taking the girls part. The
fratricide caught his brother by the
throat and drawing his knife plunged 1t
| into the latter's breast. The man VINO
was killed had made no effort whatever
to use any weapon that would justify the
| other in believing that his life or limb
was in danger. From the evidence ad-
duced the state made out a clear case
of murder.
When placed on the stand to make
statement in his own behalf, the defend
ant had only a few words to say. He
| told the jury he had been drinking heavi-
ly on the night of the homicide and that
the incidents of that unfortunate time
| had passed from his memory. He neither
| remembered having a quarrel with his
| brother or having stabbed him; he knew
| nothing whatever about the homicide un-
| til after he had recovered from the eff
| fects of his debauch.
| hot
always been on the best of terms and
were very fond of each other. He would
have shared anything he had with his
brother and to harm him was the last
thing that would have entered his mind
| when he was in his right senses
| Messrs. Hardee and Charlton both spoke
for the defendant and the solicitor general
for the state. The plea of the defend
| ants counsel for the consideration of the
| jury was based on the contention that the
| drunken condition in which he was on the
night of the homicide negatiVed any pre-
sumption of malice that might otherwise
| be implied from the facts and circum-
stances of the killing. AS the event prov
ed this plan of defense was a wise one
and doubtless served to save the neck Of
the defendant.
with its verdict. and the verdict was read,
Judge Falligant directed the prisoner to
stand up
You may congratulate yourself" said
! the court. ION the tender considera ton of
| the jury in this case. The circumstances
| of the killing show, TO my mind, that you
acted under the dictates of unbridled pas
sion and causelessly took the life of your
brother Under the circumstances, how
ever, I must yield to the recommenda ton
of the jury"
With these preliminary remarks, Judge
Falligant passed sentence in the usual
form of law, directing the removal of the
defendant to the penitentiary and his con-
finement there or at such other place as
| the Governor of the state may direct, for
the term of his natural life. The prisoner
and his counsel are doubtless very well
satisfied with the verdict and sentence and
an application for a new trial is improba-
BILE. ..a