The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1902-10-29
BARNARD B. EVANS ACQUITTED
OF INDICTMENT FOR MURDER.
Charged With the Killing of ]. J.
Griffin in Columbia Over a
Year Ago.

Columbia, S. c., Oct. 25.-The
trial of Barnard B. Evans, for the
murder of j. J. Griffin over year
ago, began on last Friday and was
concluded on Saturday with verdict
of not guilty.
Col. Andrew Crawford was attorney
for Evans, though N. G. and John
Gary Evans were both aiding in the
conduct Of the case.
The prosecutions testimony did net
develop anything damaging against
Evans. On the contrary, all Of the
witnesses testified that he was very
much excited, and although he told no
one what happened beyond saying that
he was in trouble, yet he made va
rious efforts to get physician. After
the physicians did arrive in the room
Evans implored them to save Grifn's
life, and when they declared that Che
was dying he few into a frenzy, and
ordered them out of the room. DR..
Gibbes was the first to get to the room,
sitter the tragedy and Evans told him
that Griffin had shot himself, and he
asked the doctor to do what he could
to save him.
Evans himself was put on the stand.
He declared that he and Griffin had
been the best of friends, and that
they were in Evans room and had
several drinks. Griffin walked to the
bureau drawer and picked up Evans
pistol and said he intended to kill
himself. Evans rushed at him and
grabbed the pistol, and in the scufle
the weapon fired. Evans did not know
who fred it, it being a self-acting
revolver. Griffin only said: 81 am
shot, and asked Evans to get doc
tor. Evans lifted him to the bed and
made various attempts to get physi-
clan by telephone, finally securing DR..
Gibbes. Judge Ernest Gary was one
of the witnesses. He is first cousin
of Evans. After Evans had ordered
DR.. Gibbes ont of the room the latter
went to the police station and return
ed with two policemen. Judge Gary
had room in the same building and
happened along. Evans had his door
locked and refused to open it until
Judge Gary succeeded in getting him
to do so. He said Evans was in such
a highly nervous condition that he
did not know what he was doing.
Mr.. Crawford suggested that the case
be allowed to go to the jury without
argument, but, the solicitor said ne
had a duty to perform and that the
case ought to be argued. With this
the Court agreed and Mr.. Crawford
opened the defence. He started out by
saying that if there ever was presented
to a jury case in which a verdict OF
acouittsl would be rendered it is this
one. He asked where had malice
been shown, even if the testimony is
taken without Evans's testimony. But
with that he is vindicated and his
innocence is shown beyond doubt.
The whole case rests upon the PROPOSE
tion that malice existed and the State
must prove it beyond reasonable
doubt aud not by the preponderance of
the testimony. With this as premise
ne proceeded to argue from the facts
of the testimony to show that the
friendship existing between the two
men was such as to preclude the idea
of any malice existing. In describing
the struggle for the pistol Mr.. CraW-
ford said that Evans rather fell back
and, his finger being On the trigger,
the weapoon fired, celebrating the cir
cumstance at some length, going to
show that it was the purest accident
and that Evans was fully justified in
grabbing for the pistol when Griffin
was pointing it at his own head; He
declared that if Evans had intended to
commit crime he never would have
asked Mr.. Muller to go to his room
and see what had been done. He then
went on to give in detail Eyans's
efforts to secure physician.
He explained Evans's couduct as to
the physicians and others who came
into the room by declaring that the
circumstances naturally unbalanced his
mind temporarily. He declared that
none of the States witnesses had
shown that any crime was committed.
He denounced as Infamous the lnslnua-
tion that Evans killed Griffin for
money. He did not believe any man
could credit such monstrous charge,
and if it were so, he expressed his own
sentiment and that of Evans's family.
he said, if such an infamous thing
could be true, the jury should hang
Evans until he was dead. But he could
find no words of execration to express
his sentiments as to the man who
could believe such thing, and he did
not believe there was human being
in this world similarly situated as
Evans and Griffin were, who would do
such horrible act. This thing has
not risen to the dignity of charge,
but it was a most Infamous insinua-
tion. He said that Judge Gary's testi-
mony had undoubtedly destroyed the
insinuation that the men were gamb-
ling.
He referred to the wide divergence
of testimony as to the times mentioned
as to Capt. Grifhn's movements on the
day of the homicide, and nothing
definite can be built upon that.
Solicitor Thurmond began by asking
the Court to charge the jury that it
does no5 devolve upon the State to
prove motive. He spoke somewhat
at length as to the duty of jurors and
he said the State relied upon circum-
stantial evidence for conviction in this
case. He said he had no motive to
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