The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-08-17
A PURE QUESTION OF FACT.
sEABORN HAYES FATE TO BE LEFT
WITH THE JURY TO-DAY.

Is All in and the Arguments VIII
BE Begun When court Convenes.
The Issue Made on n Pure Question
of Fact, as 10 Whether the Motor
man or His slayer Fired the First
shot-Evidence in the Case Inter-
esting Almost ThrOughOut-Many
Witnesses Were Examin ed-Pris-
oner's Statement in Many Respects
Remarkable.
The evidence in the case of Seaborn
HAYES. charged with the murder of Mo
torman Lucius B. Narnadoe, was given
10 the jury on yesterday. There remain
only the arguments of counsel and the
charge of the court. before the fate OF
the accused will be committed TO the
hands of the twelve men irnpanelled to
determine it.
The arguments will be made and Judge
Falligant's charge delivered this morn
ing. Under the evidence, as given to
the jury. there can be but one issue for
its determination, and that issue, a sim
pie one of fact, is clean, clear-cut and
distinct. 1t is whether or not the first
shot fired on the night of the homicide
came from the revolver of Seaborn Hayes,
or that of the unfortunate motorNmanI
who met death at his hands Upon the
jury's determination of this issue depends
the life of the accused.
The case was called yesterday at 1:2O
O'Clock, when the jury in the Buncomb
murder case retired for elaboration and
TO make up its verdict. Hayes was ar
raigned in the stately and solemn fash
don prescribed of the law, answering the
questions propounded 10 him by the go
Iicitor general in a voice that was with
out a trace of nervousness or a quaver of
fear.
ITO this indictment. how say you, Sea-
born Hayes?" said the solicitor general.
"Are you guilty or not guilty"
mot guilty" came the answer Of the
defendant
How will you be tried?"
''By God and my country"
"And may God send you a speedy de-
lveraucer Thus began the trial of one
of the most interesting murder cases heard
for many years in the courts of Chat
ham county.
The defendant was represented by Mr..
Raiford Fanigant by whom he sat while
the introduction of evidence went on. The
father of the accused old negro of
simple and respectable appearance, whose
manifest sorrow and humiliation at the
plight in which his boy had found him
self attracted the sympathy of everybody
in the court room, sat just to the rear of
the accused.
Contrary TO the general expectation, the
selection of the jury did not consume any
very great length of time. From the 1rst
forty-eight jurors who were called the
twelve men were chosen, with three still
TO spare. OF the fOrty-fve who were put
upon the voir dire the state struck four
and the defense twelve. Seventeen, most
of whom were opposed to capital punish
ment, went off for cause The jury finally
chosen was as follows William j. Walker
Lawrence E. Mccarthy James B. Floyd,
William P. Brunson, Robert G. Krieger,
Henry r. Lubs. James M, Owens, Lewis
w. Roberts, James l.. Mehrtens, John B.
Harvey, J. Stark Clay and John O'Gor-
man.
The selection Of the jury was consluded
just at 2 o'clock, the hour of the regular
recess for dinner and the further con-
sideration of the case was postponed un-
til in the afternoon.
When the afternoon session was begun
the solicitor general began the introduce
zion of evidence on behalf of the state by
placing ON the stand Coroner John a.
Goette.
Coroner Goette testified to the death of
Motorman Varnadoe on Sunday, the day
following the night he was shot and
wounded by the defendant. He described
the nature and location of the pistol
wounds in the stomach, from which death
had resulted. The most important piece
of evidence, however, that came from the
motorman, which had been made 90 Mr..
Goette ON the day of his death.
Describing his aggressors as Jasper
Hayes, Varnadoe told the coroner of the
previous difficulty with Hayes and tie
men with him, when the conductor and
some of the passengers had put them off
the car. He said that when his car reach
ed Sandhy station, returning after the trip
10 the city, Seaborn Hayes had jumped up
from the side of the road and demanded
that 1t be stopped Varnadoe said he had
told the negro, who held a pistol in his
hand all the time, to behave himself and
that it was then that the first shots were
fired They had come from the man he
believed TO be Jasper Hayes. but who sub
sequently turned out TO be Seaborn Hayes
the defendant on trial. This last fact never
became known to Varnadoe.
The next witness was Mr.. T. j. Davis
who was the leader in putting Hayes and
his companions off the car. Mr.. Davis
said the negroes had been noisy, profane
and generally disagreesble and disgusting
in their conduct, and that he had advised
that they be elected. Lloyd got off quiet
ly enough and Hayes, without any very
great amount of resistance. Their at
titude and conduct, however, had been
threatening.
Mr.. Harry Cowan, who resides near the
corner of Whitaker and Tenth streets
where the Isle of Hope cars stop on their
return to the city, testified that he had
loaned the conductor of the car a re-
volver being afraid from the manner in
which the negroes who had been elected
had acted, that there would be trouble
He gave his revolver, with an additional
round of cartridges, TO Conductor Whaley.
Then came the conductor, who gave the
first direct evidence of the manner in
which the motorman received the wounds
that resulted in his death. After de-
failing the incidents connected with the
ejectment of Hayes and his companions
from the car and recounting how he had
been furnished with the revolver and
cartridges by Mr.. Cowan the witness
plunged into an account of the homicide.
when we got to the Thunderbolt cross
ing on the return trip to Isle of Hope"
he said, the car was waved down by
Mr.. J. M. Love. who boarded it, He told