The Savannah morning news., 1902-06-24
PITTS FOUND GUILTY
KILLING OF NEwSOME DECLARED
GRANDDAUGHTER.
VERDICT A COMPROMISE.
NEWsoME's SLAYER RECOMMEND
ED TO EXTREME MERCY.

Because of Conflicting Testimony
Frank Pitts Escaped With His Life
and VIII Receive n short Term in
the Penite ntiary-Jury Did Not
Believe From the Evidence That
Pitts Acted without Fear-Verdict
Reached Last Night and Prisoner
VIII BE Sentenced TO-day-JurOr
walsh Delayed the Afternoon SEES
sion of Court Half an Hour and
Was Fined 81.
A Jury in the Superior Court last
night found Frank Pitts, the slayer of
Willie Newsorne. guilty of manslaugh-
ter and recommended him to the ex-
IRENE mercy of the court. The verdict
was a compromise agreed upon after
deliberations lasting for an hour.
The conflict of evidence prompted the
finding. on the first ballot not sin
gle Juror expressed a desire to return
an unqualified verdict of murder. Eight
were for a verdict of murder with
recommendation. but a thorough dis
cussion of the case caused the ma
tority to sign a verdict making the
grade of crime less than murder.
The case was begun Saturday and
was taken up again yesterday morn
ing. Under the statement of Jarrett
Newsome, a brother of the deceased,
who was badly cut on the night of the
homicide. Pitts was guilty of an I'M
provoked murder. The states case de-
pended almost entirely upon the testi-
mony of the brother of the dead man,
although other witnesses were intro
duced for the purpose of corroborating
his statement.
Pitts made his statement during the
morning and told the same story that
he did at the first trial of the case. He
claimed that he acted in self-defense
and that he was forced to shoot down
Newsome. by whom a short while be-
fore he had been badly cut with a
razor. The prisoner displayed the
scars left by the razor and declared
that on the night of the killing he was
forced to use his revolver. The state
and the defense presented testimony
directly at variance and it was diff
cult for the jury to determine by whom
the truth was being told. In the fact
of the doubt that naturally arose from
the conflict of testimony and under
the charge of the court as directed by
of the doubt and convicted of the les
ser grade of crime.
The afternoon session of court was
delayed thirty minutes by the absence
Of Juror Frank R. Walsh. Court had
adjourned until $3.50 o'clock and the
jurors had been permitted to go to
their homes until that hour, under an
agreement made by counsel when the
trial began Saturday. The court wait
ed patiently for the coming of Mr.
Walsh and the argument was
resumed a few minutes past
O'Clock. Judge Barrow issued no rule
against the offending juror although it
was his intention to take notice of Mr.
Walsh's oversight in failing to appear
on time. The judge did not desire to
take action at a time when the case
might be prejudiced, but after the YER
dict was returned fined him 81.
Pitts was not visibly affected by the
verdict and was not sentenced last
night. lie was taken back to Jail and
will be sentenced to-day. At the first
trial of the case, about year ago, the
jury was unable to agree, although it
was said that II were for conviction
and one for acquittal Solicitor Cen
eral Osborne appeared for the state and
F. Med. Oliver, Esq, for the defense.
Counsel for both the prosecution and
the prisoner made able arguments