The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-03-20
REDUCED The GRADE
GILBERT PITTS FOUND GUILTY OF
VOLUNTARY GRANDDAUGHTER
WAS CHARGED WITH MURDER.
KILLED SAM MITCHELL, A NEGRO
OYSTERMAN, NEAR LITTLE
TYBEE.


ell Was Stealing Oysters From
These Beds-Evidence of the state
showed That Mitchell Had Been
shot Because He Refused to Obey
Pitts Command to Leave-Defend-
ant said the Man He Killed Drew
"A PistOI-Jury Gave Him Benefit OF
Doubt.
Gilbert Pitts, a white man, charged with
the murder of Samuel Mitchell. a negro,
was tried in the Superior Court yesterday
The jury found him guilty Of voluntary
manslaughter, and sentence will be i'm
posed by Judge Faliigant probably to-
day.
The case was called at 10 o'clock. Solic-
itor General Osborne was in court and
prosecuted for the state; the prisoner was
represented by w. F. Slater and A. 5.
Way Pitts, who is apparently about 81
years old, sat by the side of his counsel.
He was nervous and i'll at ease and dur
ing the day, betrayed this fact in every
movement. Whenever he fancied that
some point made by Mr.. Osborne in the
examination of witnesses or in argument,
told particularly against him, the muscles
of his face and hands twitched convul-
sively.
The crime, from the replies of the
jurymen, seemed to have attracted little
general interest and but a short time,
comparatively, was consumed in the Sc
lection of a jury. 1t was made up as
follows: r. A Grady, T. G. Reid, r. r.
Williams, H. C. Shuptrine, E. p. Perry,
E W. Brown, H. w. Walker, NJ. j. Hea-
gerty, William ]. Malloy. H. w. Fowler
Thomas p. Wright, and George Freeman.
The leading witnesses for the state were
Same Cade and John Poline, two negroes
who had been with Mitchell on the day
he was shot. These men testified that
they and Mitchell had been longing oys-
tiers in Little Tybee creek on Jan. 8. Each
of the three men was in separate bat
teau.
While they were thus at work Pitts,
the defendant, rowed up. He told the
negroes they were stealing oysters be-
longing to his employer, Mr.. George
Parker, warned them to get out of the
way and told them If they did not do
so he would have them arrested. He had
a shotgun in the boat with him and
seemed to Cade and Poline on the verge
of using it, They got out of the way
but Mitchell. saying that the place at
which he was gathering oysters was pub
lie property, continued to tong
Cade and Poline had rowed away only
short distance when they heard shot
fired. When they looked up they saw
Pitts standing in the bow of his boat,
with the still smoking gun In MS hands,
while the body of Mitchell was doubled
up in the bottom of the boat from which
he had been longing.
The negroes We're too frightened to do
anything about the matter while Pitts
was in sight, but as soon as he had got
out of che way. they came to Isle OF
Hope and reported the killing of Mitch
ell The boat was found floating about
the river and MitchelPs body recovered
Pitts. when placed on the stand, made
an exceedingly poor showing in his own
behalf He seemed to be Indifferent or
nervous or foolish. and even according
TO his own statement, Mitchell had never
done anything to make reasonable man
believe his life was in danger. His state
xnent lust about justified a reduction Of
the grade of offense from murder to vol
untary mansiaughter. and as the defend
ant was the only one who actually saw the
shot fred both Cade and Poline having
been looking in another direction at the
time. the jury gave him the benefit Of
the doubt
Pitts said he was employed by Mr.
George Parker to guard his oyster beds
at Little Tybee, which had suffered much
from the depredations of marauding ne
groes On the day of the homicide, he
had seen three negro men, in batteaux,
longing oysters from MIR. Parker's beds,
and he had rowed up to them and warned
them TO get away. Poline and Cade had
complied with his demand. but Mitchell
had stayed. A few minutes afterwards,
Pitts who had rowed away, returned to
find Mitchell still longing oysters.
He had renewed his command to Mitch
ell to get away from Mr.. Parker's beds
and Mitchell had retorted with an abusive
epithet and a threatening gesture. Pitts
said that Mitchell drew revolver and
that he had TO shoot the negro in self
defense. This was his story.
The defendant introduced no other evil
dence than his own statement, and at this
point closed his case.
Cade and Poline were recalled and tes-
titled that there had been no quarrel be-
tween Pitts and Mitchell and that, SO
far as they knew, and they were close
enough when the shot was fired to have
overheard everything that was said, nc
words passed between the two men al
that time. They had seen the body OF
Mitchell after he was killed and there
was no weapon in the mans hand nor in
his boat. George Hudson, another negro
oysterman who profesesd familiarity with
the waters in the vicinity of Savannah
said that the place at which the homi'
cde occurred was public property, tn,
oyster beds there were public beds, and
were open to any citizen of the state who
cared to use them.
Pitts surrendered himself to the mar
shall of Thunderbolt after the killing anC
was turned over by the marshal to Dep
uty Sheriff Hartigan He was committed
70 Jail and has been confined there since
Arguments for the defendant were made
by Mr.. A. S. Way and Mr.. w f. Slater
and for the state by Solicitor General Os
borne. Mr.. Osborne said that the evidence
made out a plain case OF murder. and de-
manded of the jury a verdict or guilty.
The jury was out an hour When il re-
turned to the court room, at Z O'Clock
its verdict was read. IT was voluntary
manslaughter, without any recommenda
ton TO the mercy or clemency Of tn,
court Judge Falligant announced that
he would not impose sentence immediate
~, and Pitts was carried back to jail
The punishment for the offense OF which
Pitts was found guilty is term of hard
labor in the penitentiary of from five tc