The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-21
bouquet for the solicitor.

which she made before she came on
that stand, she said she didn't see the
shooting.
Bouquet for the solicitor.
with all my remarkable friends
astuteness," Judge Twiggs said, half
turning toward where the solicitor sat,
and l consider him one of the most
astute, one of the most capable law
yerS l ever knew-a man without "a
peer in his great gift of drawing what
he wants out of a witness-did he
draw it out of her in the grand jury
room? All! he'd have gotten it, had it
been there. He would have dug it out,
had it been in a rock-he would have
hair from her head!"
Did you ever hear of such remark
able eyesight. Oh! 1 hope when l am
at the advanced age of 70, 1 will be
able to see and recognize small objects
for half a mile down d railroad track.
The vision of Ezekiel was not half so
strained! 1 reckon through that old
hurricane root that they talk so much
about she must have seen WestcOtt
others within the range of her incom-
parable vision.
Handed One to Deputy WestcOtt.
For a short while, then, counsel quit
his respects to Candace Kelly, and gave
his attention to Mr.. Westcott who sat
nSar the Judges bench. He began by
saying that he reminded him of the
ghost in "wanfred"-"I am the rider of
the wind and welder of the storm--I
leave the hurricane behind"
"Oh Deird, ward, peculiar imaginator
of facts, isn't it too bad that in build
ing your creation you placed the buggy
in a place below the turning point?
where are the wads, Mr.. Detective!
where are the twelve gauge wads, 50
keen scented a man should have pro-
vided for that,"-and as he turned to
the jury, "Oh, he's straight as a waist
coat! But where, oh where, are those
wads? and Westcott could see a flea,
or ant or a spider; and wads are still
they don't crawl like chiggers, or
fiies-oh no! They lay perfectly quiet
and say: Come and look at me-"
Laid 1t to Imag ination.
"Oh, my friend Westcott, there are
more things in heaven and earth than
were ever dreamt Of in your philoso-
ply! The fact is the experienced wood
man overdid 1.-THE overshot the mark,
in his excess zeal. The best of us
overstep the mark. WeStcott did. Why
he ought to write a poem. His i'm
agination runs riot-it is luminous He
makes something out of nothing! 1t is
said in Holy writ that God made
Adam and after he made him he caused
a deep sleep to come on him. and during
that time he took rib from his side
and made a woman. Woman! Match
less woman! The greatest of all crea-
tons! l admit he had bad material
to make her out of-but that was all
he had. unless it was those tempting
apples we read of there. But the most
marvellous creation of something from
nothing heard of since that time is this
pictorial affair of Westcott's.
Bring me that oil painting of West
cott's," called Judge Twiggs, referring
to the states strongest bit of evidence
in a manner that convulsed the court
himself. He had counsel hold it be-
fore the jury and standing at a dis
lance, his head careened, he surveyed
it critically over his glasses, as his fur
rowed forehead bespoke a sportive
mind.
Like FiddIers ON the Sands.
"You know what that reminds me
off," said ne as he looked it over.
You've been on the beach-you've
been by the seaside! Well, it looks
like lot of fiddlers! Fiddlers! And
Westcott pursuing them with his Ca
SAiOOS No-GhOOg Sd-NhUO, dlu COuHSGl
catching the corners of his coat, imi-
tated the deputy sheriffs, in maj inner
that shook the spectators with laugh
ter.
"Tracksi Tracks! Nothing but
tracks! AS thiclS as TIE auturnnal
leaves in the vale of Alambrosia."
Defended the Abb Theory.
Then Judge Twiggs abandoned his
satirical strain for a while and enter
ed upon a serious discussion of the
case. He maintained that the defense
had established a perfect alibi-that
they had done even more than that
they had broken down the states
case. The state itself, he said, had
proven an -alibi for the defense, by
witnesses who swore that the crime
was committed after the passage of
the down Central train. He rediculed
the position which the state had as
summed when, after proving that the
homicide happened while the defend
ants we're in Savannah, counsel asked
that their testimony be disregarded.
He said that the evidence was I'M
contradicted that Swayne Potter used
Bodiford's 12-bore gun and No. 8 shells
thus disproving his connection with the
crime. Judge Twiggs then cited several
authorities on circumstantial evidence,
dict of guilty was reversed by the court
of last resort. Principal among these
was the Shigg case which is familiar
to the readers of the Morning News. In
this case Mr.. Osborne himself was So
licitor and Messrs. Raiford Falligant
and w. F. Slater appeared for the de-
Tense. The case is conceded to be
about the strongest case of circumstan-
tial evidence ever offered to jury
in the state of Georgia, yet the Su-
preme Court reversed the Judgment of
the lower court in refusing a new trial.
The Solicitor Generals Argument.
Judge Twiggs concluded his argu-
ment at 2 o'clock when court took a
recess until O'Clock. at which time
Solicitor General Osborne concluded
for the state. AS the solicitor began his
argument he was interrupted by dog
fight in the gallery of the court room,
where two belligerent CANNES had
mixed it UP between the legs of the
negroes. Much commotion ensued and
1t was some time before the solicitor
could commence his argument. The
most logical conclusion to be drawn
from Judge Twiggs argument on cir
cumstantial evidence, he said, was that
circumstantial evidence where from
conviction of crime follows. had been
blotted from the statute book; that If
any man had q grudge against an
other, all he would have to do would
be to seek out a lonely spot and have
twelve men say he should go free.
The existence OF such decision as
the one in the Shigg case, he said, put