The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-22
W. J. POTTER GUILTY
VERDICT RECOMMENDING LIFE I'M
PRIsONMENT RETURNED
WILL BE SENTENCED TO-DAY.
SuRY DECLARED swAYNE POTTER
NOT GUILTY.

Jury Reached Verdict Yesterday
HIorning at o O'cIOck-Verdict Re-
.-eived in Court nt 1880 O'clock.
The Elder Potter Broke DOwn-In
Passionate Fit of Weeping He
Thanked God That His Son Was
Freehold Counsel He Would
Rather Face His Creator Than IA
New TrinI-Pnthetic Scene in Sher-
IFS ofHce-Motion for New Trial
VIII be Made-The BourGuin In
dictment StiH StanIs-Jury Thank
ed Court for COurtesies.
After having been out all night, the
fury in the Potter murder case reach
ed a verdict yesterday morning at
o'clock finding w. J. Potter guilty,
with a recommendation that he be
Imprisoned in the penitentiary for life,
and finding Swayne Potter not guilty.
Potter will be sentenced when court
convenes this morning. Judge Twiggs
announced, shortly after the return of
the verdict that ne would move for
new trial, and that the grounds of
the motion would be numerous. The
Potters were tried for the murder of
Fred Taylor, the negro servant of
Bourquin, and the indictment against
them for the murder of Bourquin re-
mains against them.
The verdict of the jury was return
ed into court at 1890 O'Clock, just u
hours after the charge of the court.
When it was announced that the jury
had reached its verdict. the prisoners
were sent for. and court and counsel
We're notified The elder Potter, who
had broken down from the strain of
the trial, wore an anxious and despond-
ent look, thought his son, while grave,
showed no signs of fatigue. The news
that the verdict had been found spread
rapidly, and when the result was an
nounced in court. an anxious knot, of
spectators were present.
Potter, who was even then in state
of physical collapse. broke completely
down, when the verdict was read. He
walked mutely from the court room to
the sheriff's office. where he burst into
a fit of passionate weeping. He talked
wildly, and could not be consoled by
his counsel.
my God!" he said, II am glad my
boy is loose" And he placed his hand
on the youths shoulder, in an affec-
donate manner. Then he burst into
tears again. Counsel endeavored 10
console Potter. He told him that his
family would be provided for. and that
it would all come out alright.
you shall have NEW trial, Potter"
said Judge Twiggs.
q had rather my Creator take me
away! l don't want new trial." he
said bitterly.
The prisoners were led away to the
Jail by the deputies. AS they quilted
the Court House, the father gave way
again to his, feelings. The younger
man bore the strain with more forti-
tude, and importuned his father to
keep quiet. The trial had been a great
strain on the elder man, and he show
ed it plainly. He bore up well under
the ordeal. until the last day. when
his changed look was evident to every
one in the court room. When he was
taken to the sheriffs office, at the con-
clusion of the trial. he was able to
stand the strain no longer. and
stretching himself full length on the
floor, wept until he was taken away
by the deputies.
How the Jury stood.
Because they believed that Potter
should be hanged, two members of the
jury held out until 9 o'clock in the
morning for conviction without a rec
omnendation. Only when they real
lied that the county would be put to
big expense If there was a mistrial
did they agree to the verdict that was
finally returned.
Two versions were given as to how
stood a 10 htft
agreed that the men who insisted upon
an unqualified conviction were the ones
who remained out so long. 1t was said
by one member of the jury that on the
first ballot seven were for guilty with
2 recommendation, three for a straight
verdict and two for acquittal. After a
little talk the second bal
lot resulted in the two
for acquittal and one of those for
hanging, joining the majority. The
Jurors, for acquittal, however. agreed
to change, with the understanding
that Swayne Potter would be found
not guilty. Not a member of the Jury
favored finding young Potter guilty in
the Taylor case. According to the juror
who discussed the case with a repre-
sentative of the Morning News the
two who were for an unqualified YER
dict of guilty refused to change their
position until they had breakfasted.
Another account of the deliberations
has it that majority of the jury was
anxious to return a verdict before
midnight at which hour Judge Bar
row left the Court House. An obdu-
rate juror who wanted a recommended
ton attached to the finding, while elev-
en- had agreed to an unqualified con-
Viction, blandly announced that he
would remain in the jury room until
New Years before he would sign a
verdict of guilty with death penalty.
At no time, it was eaid, was anX
member of the jury in favor of giving
the elder Potter his freedom On the
frst ballot ten were for conviction and
TWO were for recommendation. Then
one went over to hanging and the lone
juror made his Jan. 1" talk. 1t was
said that this precpitated rather
warm argument. although the Juror
VINO was seen by a representative of
the Morning News stated that there
had been no disturbance and only a
slight misunderstanding. When the
juror who wanted a recommendation
made his announcement nine agreed to
change to his way of thinking, but
two held out for hanging until the last
minute.
The Jury's Thanks.
After the announcement Of the YER
diet. the foreman informed the cour,
that the jury had prepared "a paper
which IL desired 10 present. The com
munication, which proved to be a res.
olutiOn Of thanks, was read by Judge
Barrow IL was:
I'VE the jury IN the case Of W. J.