The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-07-31
GROVES is GUILTY.
NET OF GUILT CLOSED UPON IN
TENDED ROBBER AND HELD HIM.
RECOMMENDED TO MERCY.
JURY ASKED THAT HE BE PUNISH
i. ED AS FOR A NEIsDEMEANoR.

Secure AcquittaI-The Evidence,
COrrobOrated in May Details, Was
Too Strong to Break DOwn-E. Ii.
MahIay. Jointly Indicted With
Groves, Turned states Evidence
and Told the whole Story-Defe nd
ant Tried to Place the Whole
Blame Upon His Cousin JOhn-LOv-
ing Wife Wept While Verdict Was
Read.
In the Superior Court last night w.
c. Groves was found guilty of an at
tempt to commit robbery by force
Frank Dieter having figured on March
Is last, as the intended victim of
Groves and what the solicitor general
called his band of thugs"
The verdict of the jury was read by
Clerk Carr to the accompaniment of
the bitter sobbing of Groves wife, who
through the trial had been a closely
interested spectator of the proceed
ings. Mrs. Groves threw her arms
around the defendants neck and, all
her composure vanished. sobbed and
cried as though her very heart would
break.
The verdict of the jury recommend
ed that the defendant be punished as
for a misdemeanor, and this recon-
mendation will probably be followed
by Judge Barrow in imposing sem,
tence. The sentence of the court, it
is expected, will be imposed when
court convenes this morning.
The Verdict Was Expected.
The web of guilt that was woven
around Groves by the overwhelming
testimony of the witnesses for. the state
admitted of no question as to the facts,
and combined with the adroit and skill
full presentation of the case made by
the solicitor general in his argument
to the jury rendered certain the YER
dict that was returned. The collective
mind of the jury was made up within
fifteen minutes after retiring from the
court room.
Groves was defended at his trial yes
terday by Garrard & Meldrim and r.
i. Colding, while the solicitor general
and G. T. & J. f. Cam prosecuted for
the state The trial was a hardfought
legal battle from start to finish, in
which Mr. Osborne and Col. Meldrim
played the principal parts.
The first witness placed on the stand
after the jury had been secured was
Frank Dieter, the man it was alleged
the plot had been formed to rob. Mr..
Osborne had scarcely begun the exam
anation of the witness when Col. Mel
haf ha
witness was about to testify TO GER
tain facts designed to exhibit the in
tent of the accused, whereas the in
dictment did not allege that the plot
to rob Dieter had been formed with
this intent.
Hard Fight on Point of Law.
Col Meldrim adduced many author
titles in support of this contention
which he discussed with equal learning
and ability. 1t was evident the de-
Tense placed great reliance upon the
absence of the allegation of intent from
the indictment, for every energy of
Col. Meldrim's store of legal learning
and eloquence was freely exercised to
esta blish the correctness of the objec-
ton OF which it formed the base.
Judge Barrow, however, did not see
swer OF the solicitor general was to
the general effect that the indictment
alleged an attempt and that under the
law as it was expressed in the penal
code this included the intent with
which that attempt was made. With
this view of the matter Judge barrow
agreed and the objection made by Col.
Meldrim was overruled. Then the in
PRODUCTION of evidence really began.
Deter testified it was his custom to
carry home with him each Saturday
night a large sum of money, some
times as, much as $700. and that this
habit was known to Groves, with
whom he had been more or less inti-
mate.
On the night of March Is Groves had
come to him at his stall in the mar
ket, ostensibly for the purpose of pay
lng him a dollar he owed him. In a
spirit of assumed friendliness Groves
had thrown his arms. about Dieter and
felt about those places on his person
where it would be likely for a man to
carry a revolver The action had
passed unnoticed by Dieter at the
Time, but in the light of after events
he recalled it with perfect clearness
and a vivid apprehension of it's mean
ing.
Had Lucky Escape.
At that time Groves made an ap-
pointment with Dieter to meet him at
George Schwarzs bar after the mar
ket was closed, and this appointment
Dieter kept. They threw dice for
drinks for half an hour or more, but
Groves was called from the bar and
Dieter, leaving soon afterwards, met
his brother on the street and the two
went home together. Partly from this
fact were the plans of the consprators
frustra ted.
The star witness of the state was
E. II. Mahlay, indicted Jointly with
Groves and Joe Waters for the crime.
Mahlay has turned states evidence,
and he described in every minute de-
tail the manner in which it had been
planned to rob Dieter of his earnings.
Mahlay said that sometime during
the week ending March s, he had been
approached by John Groves, a cousin
of the man on trial, who had asked
him II he had any nerve. He was ex-
horted to go around and see "Chansy,"
by which name VIC. Groves seems
TO be known to his friends.
The scheme Was "Chansy's."
Chansy then unfolded scheme to
rob Dieter, into which Mahlay will
ingly fell. Dieter was to be held up
as he drove to his place on the Waters
road, and relieved of his money. The
plan was that Chansy should hold
night, when the cars had ceased to
run. so that he would be compelled to
take a cab. In the meantime Malay