The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-01-22
DID NOT FIX GUILT
Unusual VERDICT RETURNED BY
CORONER's JURY.
SAID DORTlC KILLED DEEGAN
THEN LEFT THE CASE FOR THE
GRAND JURY.

the Grade of Crime Ihat hhu bteh
Committed-CorOne Keller viii
swear Out Warrant Charging
Murder. and DOrtic Will BE Conn
mitfed to Jail Until Grand Jury
Gam Ppsn UDon the Case-Deegan's
Dying Statement-Witness All
Testified That DeegRn Was
CrouchinE and Trying to GET to
the Rear of the Bar when Shot.
The killing of John A. Deegan by
William H., alias Doc" Dortic, was
left to the grand jury by the coroners
iury last night to determine what
grade of crime, if any, was committed.
The Jury impaneled by Coroner Keller
wrestled with testimony and law for
nearly three hours. and then agreed
not to pass an opinion.
I'VE find that John A. Deegan came
to his death from a pistol shot wound
inflicted by w. H. Dortic on Dec. 70,
1901. Death resulted on Jan. 20, 1902.
This was the finding of the jury, to
the disappointment of the crowd that
had waited outside the court room dur
ing the rather lengthy discussion OF
the law and facts as seen by the six
men who signed the verdict. Friends
of the dead man and those of the pris-
oner had listened attentively, all the
while standing, to the testimony of
the several witnesses to the shooting,
and were surprised when the jury
failed to express an opinion on the
guilt or innocence of the prisoner.
With one exception the jurors were
drawn from the jury box and were not
those who usually serve at inquests.
The testimony of the witnesses sum-
moned by the state was taken care
fully, but the jury preferred to have
the coroner commit Dortic to Jail to
await the action of the grand jury
rather than assume the responsibility
of fixing the grade of crime. The ver-
dict did not mean that Dortic should
be released, but simply allowed the COR
oner to swear out a warrant and COM
init the prisoner to Jail. From the
first a majority of the jury expressed
a desire not to name any grade of
homicide in the finding and to put the
burden on the grand jury, upon which
it would fall no matter what the find
ing might be.
AS far as is known, however. SIM
liar verdict-one in which absolutely
not disposition is made of a charge
has never been returned in Chatham
county Not that the finding of
coroner's jury would have really meant
anything, for in any event the grand
jury would have to pass on the evil
dence and return an indictment. The
finding of the jury could not be I'M
derstood by those familiar with the
holding of inquests, and was freely
commented upon.
One member of the jury at first ex-
pressed himself as being in favor of
a verdict of justifiable homicide and
another expressed the opinion that the
crime was manslaughter. A third
juror insisted on the form of verdict
rendered and it is doubtful if the six
men could have been induced to agree
upon any other form of verdict than
that which was returned
The dying statement of Deegan, in
which Dortic was anything but exon
Grated for the shooting, was read to
the jury by County Detective d. ].
Charlton. The statement was made
by began in the presence of DR.. M. X.
Corbin. his attending physician. at st.
Joseph's Hospital on last Saturday two
days before the death of the wounded
man. At that time there was not the
slightest hope for the recovery of Dee
gan and he made the statement showing
the commission of a crime knowing
that within a short while he would
breathe his last. The statement is as
follows:
Il cursed Dortic for everything that
] could think of and shook my finger at
his face, but did not attempt to strike
him. and | could not have struck even
though | desired, as he was behind the
counter and out of my reach. Dortic
went for a cigar, | think for Kavan-
augh, at least that is what ] thought
he went for; but in place of getting
the cigar he got his gun and poking it
at me said: Now, you -, you have
been looking for it and / am going to
give it to YOU and with that he fired
/ never carried a pistol and did not
attempt to draw one that night. The
only thing that / did to Dortic was to
curse him out and point my finger at
him. / fully realize that / am in a dy
ing condition and am conscious as to
the cause of my death and as to the
party who shot me-
The testimony of all of the witnesses
who saw the last and fatal shot fired
went to show that Dortic ran from be-
hind the bar to shoot Deegan, who, in
a crouching position, was moving to-
ward the rear of the place This was
after two shots had been fired by Dor
tic near the cigar case, between the
swinging doors of the bar proper and
the front door. There was little or no
conflict of testimony and the fact was
established that when the last shot
was fired Deegan was on hands and
knees, or almost so, making his way
for the egress in the rear of the place.
The conflict of evidence was strikingly
slight and the use of profane Ian
guage by Deegan to Dor-tic was undis-
puted even by the dying man in his
statement to his attending physician
and the county detective.
William p. Kavanaugh, who was
shot by Dortic accidentally, was the
first witness on the stand. He was
struck by the first bullet, the ball en-
tering under the left ear
and coming out the right
eye. The witness had gone into Lee
vans place for the purpose of getting
supper and was leaving when the
trouble occurred. Although he had
been shot through the eye Kavanaugh
accurately described the positions of
Dortic and Deegan when the other two
shots were fired, and told of the at
titude assumed by Deegan, who fell to
his knees, and began crawling TO the
rear under shelter OF the counter.
Kavanaugh declared that Deegan was
on his hands and knees, looking up at
the counter, when Dortic ran from be-
hind the counter with the smoking re-
volver and almost stumbled over the
crawling man. at the same time firing