The Savannah morning news., 1902-12-17

day previous. the boy sitting on tbs
right of counsel and the father on this
left.
The 18th Juror.
Shortly after the court convened in
the morning the twelfth juror was OBJ
tanned, and the case went to trial. The
juror is MIR. Norton Frierson. The
state at once proceeded to make out ii:
case. Solicitor General Osborne an
| nounced that the state proposed tc
weave a web of circumstantial evidence
about the accused which would leave
| no doubt in the minds of the jury as
to their guilt. The defense made m
| statement.
Mr.. Guilleman Bourduin was the
| first witness. He testified to the i'll
| feeling existing between the elder Pot
| ter and his father, resulting from Pot
! ter's trespassing on his fathers place.
| He said that he saw Potter shortly
| after he was notified of his father S
! death. The statements that Potter had
| come to his fathers place to hunt
! deer, and had come to kill his father,
| were not admitted in evidence, as they
We're hearsay.
POtter's Threats.
Mr.. Albert Wylly testified further as
! to threats and retractions which the
elder Potter had made. Mr.. Wylly
| had made notes of them. and this
memorandum was presented to the
court and admitted in evidence. 1t
read: Saturday Dec. %. 1895 at 5A
| miles on the Ogeechee Road, / met
Messrs. Potter and Plummer-Potter
said: IF Bourquin kills my dogs, I
will kill him. Plummer said: If We
go to his house to kill him. Yes said
Potter.
mr. William Potter was in my Of
! flee, oct 16, '02, p. m, and said Mr..
| Wylly, l wish to withdraw my re-
| marks made to you five years ago in
reference to Mr.. Gugie Bourguin, and
! now hold no feelings against Mr.. Bour-
| quin and would do him no harm,
| Potter, he said, came to his office be-
cause having heard that he had re-
| peated the threats made by Potter.
Called BOurouin Hard Names.
j. H. Smith testified that he saw
1 Potter about three weeks before the
| homicide, at Eden, at which time Pot
1 ter, on being twitted by some of the
| boys about being afraid to hunt on
! Bourquin's land. said that if the old
! - - ever came his way he
would kill him. The witness said that
he knew Bourquin's reputation as a
| dangerous man, and said that he had
| heard that his land was white with
the bones of dogs which he had killed.
Mr.. Edward p. Lowell testified to the
| finding of the bodies and indicated by
the map where the buggy was, and
where the negro. Taylor's boyd was
| found. The bodies, he said. were dis
| covered about 4:30 o'clock in the aft
| ernoon. He indicated how the gun of
| Bourquin was found lying in the road,
| and said that both hammers were
| down. He said that his first impress
sion was that some one had hit Bour-
| quin and pushed him down into the
| buggy, since he saw a scar on the
! forehead.
Had Warned Potter.
He said that, in his opinion, the gun
| had not been discharged, since no por-
| ton of the cap remained on the tube.
He told also of letters which he HIM
sells had written Potter, telling him not
to hunt on his land. On the occasion
of the first letter. Potter had admit
ted his guilt and had assured him that
he would not hunt there again. After
the second letter, Potter came to him
| and told him that he had been mis-
| informed. The witness said that the
best deer drive in the county is near
where the killing took place. He said
| that he had never seen Potter hunting
on his land, but had been informed
| that he had hunted there since he
| wrote the second letter
Mr.. ]. w. Howard testified that he
! had drawn the map used in evidence
| He said that it was made from the
county map and later maps. On cross
examination, he said it was within
about one-sixteenth of mile of be-
ing correct.
Wounds That Killed Bourquin.
1 G II
animation of the bodies of Bourquin
and Taylor. and introduced a diagram
showing rear view of Bourquin's body
on which the wounds We're indicated
These were: One, a flesh wound, neal
left temple, the bullet having ranged
upward and backward, and come out;
one through the left kidney; one above
the ilium; one in the right hip, and
| four in the left arm. He said that
the shot through the kidneys was fatal
that the others would not. probably
have produced death. He testified that
the buckshot which pierced the left
kidney was fired from behind.
The body of the negro, he said, wal
much mangled when he saw it, and h,
was unable to tell much about it, l
had the appearance of having been il
a machinery accident. There were, h,
said, three buckshot wounds in tn,
back of the neck. He identified
buckshot, as one which he removed
from Mr.. Bourquin's body This wa
the buckshot which the solicitor hand
ed Rocca.
Toby williams Testimony.
Toby Williams, colored, 90 years old
and of the -be1lum brand, testified
at length as to his meeting Mr. Bour
quin on the Dean Forest road at Alex
jenkins house. He said that the train
went down while he was talking to Mr.
Bourquin. That was. he said. abou
1850 o'clock, The old Negroes pecu
iiarities caused much mirth.
You may sit down if you wish to,
said the solicitor
'Tanky" he answered, At res m,
corn"
Frank Harris. Rebecca Harris anC
Peter Smith all testified as TO the tim,
when they saw Mr.. Bourquin and tn,
old negro, Taylor, on the road tina
morning. They told of the position O.
the men in the buggy and of the place.
where they met them They also tolC
of others whom they saw on the road
The question of time was made tn,
subject of special enquiry, and tn,
modes by which time was determined
by some of the witnesses was amusing
Peter Smith was on the stand whel
the court took recess at o'clock.
Saw BOurquin Drive Past.
The court resumed its session ali
$3.50 O'Clock. James Jenkins. a younf
negro, said on the direct examination
that he saw the two men pass in tn,
buggy in the morning. On the eros.
examination he admitted that he had
previously told the defendants at.
he mi