The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-02-02
DAMAGING EVIDENCE
BEING DROUGHT OUT AGAINST
SELABORN HAYS.
FOR vARNEDoE's MURDER
HAYS IS ON HIS SECOND TRIAL IN
THE SUPERIOR COURT.

in ProEresS-State's Witnesses say
Hays Began the Trouble. Contin-
ned IL and Fired at the MOtorman
without Giving Him Chance to
Draw a Weapon-The Theory OF
the Defense is That Narnedoe
Fired First.
The trial Of Seaborn Hayes for the muir
der OF Lucius B. VaTnedoe, a Savannah
Thunderbolt and Isle of Hope Rail mo-
torman, was begun Ia the Superior Court
before Judge Falhgant, yesterday morn
ing il was the second time that Hays
had faced a jury for this offense.
The first trial il will be remembered.
resulted in the conviction of the defend
ant Judge FaHigant sentenced him TO be
hanged, but the Supreme Court granted
a new trial This is now in progress.
Hays has been in Jail some FIVE months
or more but his appearance gives no in
dication that confinement interfered with
his health or digestion. on the contrary,
it has rather improved his appearance
and manner, as he lost much Of the air
of bravado and buster that marked him
at his first trial He was neatly dressed
and occupied a seat in court just to the
right of his counsel Mr.. Raiford FALL
CANT.
The trial was begun shortly after 10
o'clock. Considerable time was consumed
in the selection of jury, eighteen OF
those who were placed upon their vor
dire being rejected because of prejudice
or bias, one because he was conscientious
~ opposed to capital punishment, nine
teen being struck by the prisoner and
four by the state.
The jury that was finally secured is as
follows:' John A. HAD. Henry Precht,
Orvilie Abrams. L. T. Hubbell, H. T. Be
ranc, John W. Knight Norton Frierson,
Albert L. Rees. Robert E. Banks. A NJ.
Honour, James NJ Falin and Stephen f.
Dupon.
John A Goette. county coroner. at the
time OF the homicide, described the
wounds in the abdomen, which had pro-
dUccd the death of Varnedoe. The motor
man had breathed his last at the Savan-
nah Hospital on the afternoon following
the August night upon which he was
fatally wounded by Hays. Mr.. Goette
elso identified the dying statement of
Varnedoe, which had been taken down
by him at the dictation of the wounded
man. This statement told a story of the
homicide practically identical with that
of the witnesses for the state. save that
1t referred to the slayer as Jasper Hays,
instead of Seaborn. On this discrepancy
the prisoner bases a portion of his de-
Tense.
The next witness placed on the stand
was Mr.. T. j. Davis. Mr.. Davis was a
passenger on the from Isle of Hope
to the city on which began the trouble
which terminated in the death of Motor,
man Varnedoe. Seaborn Hays the de-
PENDANT, accompanied by two other ne
groes had boarded the car at Sandny
station. They had a dog with them at
the time.
Soon after they got on the car. Mr..
Davis said some disagreement seemed to
arise among the trio, for from the part of
the car where they were sitting there
came constant stream of the most vio-
aent profanity and the most disgusting OBJ
scenity There We're ladies' on the car and
the conductor warned the negroes they
would have to desist.
They did not, and the conductor put
them off. assisted by Mr.. Davis Tie
other negroes. 81 ge and Lloyd got off
without much protest, but Hays had to be
elected forcibly. His manner at the time
was threatening, ugly and defiant
H. W. Cowan, another passenger, pro-
Vided Conductor p. II Whaley with a re-
Nolyer when the car reached the CT " Mr..
Cowan had also been impressed with the
ugiiness of Hays manner and with the
fear that there would be trouble on the
return trip to Lie of Hope 1t was for
this reason that, when the car stopped at
Whitaker and Fortieth streets. he had
gone to his residence which is close to
that point, got his revolver and given
1t to the conductor.
Conductor Whaley was the first eye-wit-
ness of the fatal encounter to be placed on
the stand He told what Mr. Davis had,
and something more of the profanity and
obscenity in VIII CHI Hays and his COM
panions had indul ED, of h s apprehension
that there would be some further trouble
with the defendant and of his securing
the revolver from Mr.. Cowan
The conductor said that as his car APP
preached Sandfly stat on, on the return
trip to Isle of Hope, it was Tagged and
boarded by ]. M. Love, a white man
living at the station. The conductor said
he and the motorman were told by Mr.
Love that there was a negro down at
Sandfy who was threatening them. The
conductor had then moved up on the seat
behind the motorman and drawn his re-
volver.
AZ Sandhy there is a covered shed un-
der which the cars run. As the car stop
ped at the station to let off a number of
passengers whose stopping point 1t was,
some four or five feet of the front end
projected out beyond the further end of
this shed. While ii was in this position
the witness saw Hays walk out from the
shadows to the right of the track to-
wards the front.
Hays had a pistol In his hand. He waved
1t in the direction of the motorman and
ordered him to stop the car Varnedoe
started to make some reply TO the negro
and as he did so Hays fired The motor
man reached behind him for the revolver
the conductor held and Hays fired again
BY this time the motorman had secured
the weapon and returned the fire. For a
few moments there was a rapid inter-
change OF shots.
When the firing ceased. Hays started
off down the track and Varnedoe Jumped
from the car and tried to follow him He
was badly wounded and bleeding, how
ever, and had to give up the effort. He
was assisted back to the car, which then
returned TO the city
j. M Love was the next witness. He
lives and keeps a small store at SandHy
and on the night of the homicide, some
minutes before the shooting began was
standing out in front ofAhis store. He
heard the raised and angry voices of two
or three men who were coming up the
road One Of these voices he recognized
as that of Sea born Havg tha dafapdant