The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-20

s3'1 %sAsNxEMG4z@a~
not wear my good shoes in the woods.
That is all / know-those are my old
hunting shoes. They are the shoes l
had on that day. l never wore these
l got on in the woods"
was that boy with you all day ?"
asked Judge Twiggs.
Spoke for His SON.
HE was with me all day. He was
not out of my sight, except when he
left on his wheel to go to town, and
the few minutes 1 was talking to Mr..
Dukes. During the time we were avv ay
from Bodafords house he was not out
| of my sight-not more than one min ute
! at any time-if that long.
"I have nothing else to say. don't
know of anything right now. | am 4
years old, going on 43. The registra
! ton books will show that, think L We
been working hard for the last Il years
to raise this boy-he is the pride of my
! life-to lead that boy to devilment! I'D
rather be dead-and God knows 1t! I'D
rather be dead-and 0od knows 1t!
There is one more thing 1 want to
call your attention. Mr.. Lowell is a
| him to be such I would no more turn
| a dog loose on his land! I would not
| do it under any circumstances and
| Mr.. Lowell knows that to a certain ex-
| tent, too-there is nothing else that
| can think Of"
Missing witness Returned.
When the court convened at II
o'clock, the defense, before placing the
defendant on the stand. announ ced
| that John Harris the recalcitrant wit.
ness, who lived at Brisket Hill. and
who left the court house with the
avowed purpose of not return
ing, was placed on the stand
] He testified that he saw Pot
I ter pass Four Mile Hill before IL 81
! o'clock in the morning, on the day Of
the homicide.
Mr.. W. w. Sheppard testified as Il
tests made by him and other mem ber'
| OF counsel at the scene of the crime, thu
| purpose of the testimony being to dis
prove the statements made by West
colt that prints could be seem IL
certain places. Mrs. Bedford identified
a gun as the one which Swayne haC
used on the morning of the homicide
in which there were two No. shells
which she said had not been removed
Indictment 70 In Evidence.
When Potter had concluded his state
| ment the defense closed its case, ant
the state began the introduction Of -es
timony in rebuttal. The first evidence
offered was objected to- resulting in {
| prolonged argument of counsel,
~ tender in evidence indictment No
rs, charging Potter with a misdemea nor
with entries thereon, and senten ce,
said the solicitor as he passed the in
dictment to the counsel for defense.
"As a matter of course we will OBJ
ject to this piece of evidence" Sait
IN. Alb 4hot
hardly necessary to argue the ques
ton" The Indictment was handed t
Judge Barrow, who asked that tn
jury be excluded from the room pend
ing argument by counsel. Judg
Twiggs argued that the evidence wa
inadmissable on the grounds Of its ir
relevancy. maintaining that an indict
ment against man for Sunday hunt
ing, found last November had III
bearing at all on the case. Durinl
the course of his argument counse
said that 1t was no sin to hunt Of
Sunday-that it was sin Tnaulum pro
hibitum, but not sin NAHUM in Sc.
DO you not think that it is a sill
nahum in seq" asked the court.
Il do not, sir"
DO YOU not think that it is an in
fraction of the Commandments to hun
on the Sabbath day."
AhG anu oh SuhN@A ~
In answer to this query Judge Twigg
said that a great deal depended on tn
! community one was in. and describe
I graphically the scenes on Manila tia
Beach on a Sunday afternoon, and sal
that even If that was deSecration o
| the Sabbath, he had never seen any
} thing in the Bible which prohi bite
fishing and hunting on the Sabbath
l At the conclusion of the argument q
Judge Twiggs, Mr.. Osborne conte nde
to the court that the relevancy of TIL
testimony was to prove motive and {
rebut the statement made by the de
: fendant about Sunday hunting. TIL
principal witness against Potter yvhe
the indictment was found the soil otto
: announced was G.. Bourquin.
Judge Twiggs said that he had no
noticed that. He commended that TIL
indictment was not introduced for tn
purpose of showing motive, but in or
: der to prejudice the minds of the ju
! rors. He admitted aninus betNvee
| Potter and Bourquin, and admitted a
! true the statements made by STnitr
WyTly and Lucas as to threats an
admissions of bad blood but danie
that the indictment had any applica
| tion to the case.
Had the threats not been made Pot
, ter would never have been ares ted
: | OUTSIDE OF nOtlNe thefe hasn't bee
enough evidence in this case to han
a yellow dog" Judge Twiggs con
! | Guided.
Judge Barrow allowed the evid enc
( to go IN. on both ground insisted 0
by the solicitor. The sentence Shove
I that Potter had been sentenced to pa
5 a fine of $50. or serve twelve month
- on the chaingang.
A. To Potter's and Bour4uln'n TEeIa
tons.
E II. f. Fulton testified as to CONVEX
I satioDs which he had had with Poi
ter both prior 10 and subsequerat
E the homicide. the former converss
y lions being held about "a year h.fo:
2 the killing. He said that he knew ba
l.. blood existed between Potter an
; kourguin, that he had seen Tsottf
hunt On b0urquins land. In the STATE
7 ment made 10 him by Potter PRIOR
the homicide, be- said thaf he has sal
thar it4urQuln woe down an hlm. tha
De- bad killed HE friend Panel. I'M
, haf killed dogs that if he eYer m,
, BIN ln Che road Do wouldn't lef hll
/ hlun him. 0r 1901 his aons
a