The Savannah morning news., 1902-06-13
WOMEN WENT FREE
PROSECUTOR COULDN'T FIX THEFT
ON EITHER ONE OF THEM.
LOST DURING THE DANCE.
BIRD, WATCHING THE WALTZ, WAS
TOUCHED FOR HIS WAD.

Interesting Criminal Cases Tried
Before Judge Barrow in the Su-
periOr COurt-MaEgIe Terrell and
Reta Hammond Found Not Guilty,
While Case Against Ivy Ponder
WINS MOL PrOssed-NegrOes Who
Shot Jasper Hayes Got on Light,
one With a Year on the Gang and
the other Scot Free-Other Crimi-
nal Cases Tried.
The trial of two interesting criminal
cases marked the session of the SUI
perior Court held yesterday morning.
There were two defendants in each
case, and in one of the cases one of
the defendants and in the other both
of them managed to secure their lib
erty.
Perhaps the more interesting of the
two cases was that in which the de-
PENDANTS were Maggie Terrell and Reta
Hammond, who faced a jury for the
larceny of $1265O from E. F. Bird.
Because the uncertain character of the
evidence, both the women were acquit-
ted.
With two of his friends Bird went
to the house of which the two women
were among the inmates. He said on
the stand that he had a warrant for
the arrest of a woman whose name
and description corresponded with
those of one of the women in the
house.
Touched for His Money.
However that may have been, the
visit assumed rather early different
form. There was some dancing in
progress, and the prosecutor gave it
as his opinion that it was in the mazes
of the waltz that he had been touched
for his wad. He couldn't say which
one of the women had done the steal
ing, nor had he any particular reason
to suspect either of them All he
could say was that he had his purse
when he entered the house and that
it had disappeared when he left.
The other witnesses gave testimony
to the like vague and general effect
There was nothing in any of it to
fix the theft on either of the defend
ants. and when counsel for the women
asked the court to direct a verdict of
HOl guilty JuuES DATUM
granted the order. At the trial the
solicitor general appeared for the
state and r. l.. Colding, w. F. Slater
and Raiford Falligant for the defense.
A second indictment, preferring the
same charge, had been returned by
the grand jury against Ivy Ponder
the proprietress of the house in which
Birds money had been lost. On the
failure of the other case this was mol
pressed.
For Shooting Jasper Hayes.
The next case in the matter of in
terest and Importance was that against
Tom Turner and William lizard, who
were charged with assault with intent
to murder Jasper Hayes. Turner was
found guilty, with recommendation
to punishment as for a misdemeanor,
while lizard. found not guilty, was
given his liberty.
Hayes is the brother of Seaborn
Hayes, who shot and killed Motorman
Varnedoe al Sandfly Station, two years
ago. 1t will be remembered by those
who followed that interesting case that
Jasper Hayes was first suspected of
the crime, and was arrested and held
for some time.
Hayes testified on the stand that he
had seen Turner and lizard standing
together and that Turner had deliber-
ately raised a pistol, shot him and dis
appeared. The bullet from the weapon
struck Hayes in the stomach. inflict-
ing a painful and dangerous wound.
Sang Different Tune.
At the time of their arrest, on the
night of the shooting, both Hayes and
lizard denied knowing anything about
it. but when they made their state
ments at their trial they had had time
for reflection and changed their tune.
They said instead that Turner had
been handling his pistol and that while
so doing, 1t had been accidentally dis
charged. Turner said he had not seen
Hayes at the time, did not know of his
presence and had no wish or thought
TO injure him. lizard said he knew
nothing about the matter whatever,
save that he was with Turner at the
time and had seen him handling his
pistol.
The jury's recommendation saved
Turner from a term in the penitentiary
and gave him instead, by Judge Bar
rows sentence, twelve months on the
changing of the county lizard went
free. The defendants complete denial
of all knowledge of the shooting made
to Deputy Sheriff Sweeny on the night
of the shooting and of their arrest, for
some reason did not appear in evil
OenCes anu This TACT pOSSlDlg accounts
for the form and substance of the
jury's verdict. The defendants were
represented by w. f. Slater.
Broke Railway Car.
James Brown was tried for breaking
and entering a car belonging to the
Southern Pacific Railway, while the
car was in the Central Railway yards
here. The evidence admitted of no
doubt of the defendants guilt and the
jury so found him, but accompanied its
verdict with a recommendation TO pun
ishment as for a misdemeanor.
Judge Barrow sentenced Brown to
pay a fine of 500 and the costs Of the
prosecution or in lieu thereof TO serve
twelve months on the changing of the
county.
John Lucas. tried for the burglary
OF the dwelling house Of Jesse Howard
also escaped with a twelve months
sentence, the jury's recommendation
reducing his punishment from term
IN the penitentiary 10 a shorter one 10
the gang
He has had an interesting career