The Savannah morning news., 1902-12-18

spit 1u-gauSe gun-Wdd, IN the water
near where the old darkey was shot.
This half wad was exhibited to the jul
rors and introduced in evidence. 1t
was over the question of the loading
/ of Potter's shells by Rocca that Rocca
! was impeached by the solicitor on the
! day before. Judge Twiggs then intro
duced in evidence two sample wads,
one of which was entire, while the 9TH
er was split. and asked that the jurors
compare the half black-edge wad which
| he gave them with the one purported
TO have been found by Westcott.
Westcott told of the tracks of the
younger Potter, which he said led up
| to a point in the rear of a small pine
| sappling. 1t was, according to his
| theory. from this point that the shots
were fired into BOurquin's left side
| he said that while engaged in endeav-
| oring to ascertain from what point the
| shots had been fired. judging from the
/ direction from which they entered the
| body, his attention was called to an
| open space directly in line with the
buggy. which had evidently been made
| by a gunshot. Some of the "splines,"
he said, had been cut away by shot,
and gave evidence of powder burns.
The witness testified that the buck
shot holes in the buggy and in Mr..
Bourquins coat indicated that the
SnOlS from the rear Hdl UEtn littu llOlli
a lower point than those from the left
side A photograph of the scene was
produced, and the witness indicated by
marks where the shots were fired from.
He also described the tracks of dogs
and deer in the immediate vicinity of
the crime. and told of how he follow
ed the tracks of a mule, or horse,
around the land in the vicinity of the
crime.
Put on His Fathers Coat.
Mr.. Guilleman Bourquin put on the
coat worn by his father at the time
that he was murdered. This was done
for the purpose of having the wit
ness indicate from what direction the
shots were fired The diagram show
ing the tracks of the old negro, the
deer. dogs mule, and those which Mr..
Westcott said were the tracks of the
two Potters was introduced in evil
dence and handed the jury. Judge
Twiggs objected to the pictorial por-
tions of the diagram, representing the
deer, dogs etc, and Mr.. Osborne had
them erased.
On the REORGANIZATION. the wit
ness admitted that in substantiating
his theory, he had assumed that the
murder was committed as the buggy
was about to turn out of the road, and
was below the regular turning point
the best of his knowledge and belief
the shoe-tracks on the scene of the
crime were made by the Potters. He
would not swear unequivocally.
Would Not Waiver.
us it possible for a man with the eye
of an eagle, or a hawk or an Indian to
see the tracks which you say you saw,
at the scene of the crime?" Intercepted
Judge Twiggs, with some vehemence.
1T is" replied the witness.
Then Judge Twiggs took the photo
graph of the scene of the crime. and
indicating the points where the grass
and underground was thick, asked the
witness if he could see tracks in that
sort of ground He replied that he
could see enough imprint to follow the
trait. though the track was not plain
in such places. Judge Twiggs then
examined the witness searchingly about
the various tracks which he discovered
at the scene.
He said that to the best of his
knowledge and belief the wad which
he found in the water near the place
where the old negro was killed. was
a split black-edge wad. The witness
said that the shots which were fired
from the rear. were fired at a distance
from about twenty-three to twenty-five
yards. The witness said that he had
made measurement of the tracks at the
scene of the crime, and had made dia-
grams of them but acknowledged that
he had judged the tracks which he saw
the Potters make later. with his eye.
The state Rested.
After the conclusion of Westcott's
testimony, the state rested it's case.
Judge Twiggs announced that he de-
sired to open his case by an exami-
nation of the same grand jurors
which were examined on the day be-
fore by the state. While these were
being reached by telephone by the
sheriff, Judge Twiggs made his first
statement to the jury of what the de-
Tense expects to prove.
Il desire to open this case to the
jury in a few words" said Judge
Twiggs, as he turned to address the
Jurors. 81 will tell you in a few words
what the defense expects to prove. We
propose to show you Individually by
testimony that it was practically i'm
possible for Mr.. Potter and his son to
have done the shooting. We propose
to show you that he left home intend
ing to go hunting with several parties;
that he was disappointed; and that he
went to the Bedford house, expecting
to meet them there.
Gone Forty-ave Minutes.
THAT they went around the Boda-
ford field, not having been gone but
three quarters of an hour: that they
abandoned the idea of going hunting
because there were not enough in the
party; that not a living being saw
them hunting. Indeed, we will show
you that there was no hunting at all
done in that community on that day.
We will show you that when they got
to Bodaford's place be went around the
field with his son, at the instance of
Mrs. Bodaford who said that fox had
been after her chickens and that they
might jump him.
I'VE Will show you that they got
back to Bodaford's house at 1890
o'clock We will show that young Pot
ter got a 12-gauge gun from Bodaford,
and number 6 shot. and returned the
gun and two unused shells That Pot
ter left the gun at Bodaford's, and
came to the city; that his son came
to town ten to twenty minutes ahead
of his father: that the elder Potter got
turnips and rode 10 town slowly
leading his dogs.
Reached the city at Noon.
1--WE will show you that he reached
Savannah at - o'clock, city time, and
the son at 1890 and, therefore, it
was impossible for them to have done
the shooting. We expect to demon
strate that and very much more, by
proof. l only give you a general out
line, without going into details of
testimony, which we will bring out
in our defense of this very important
case"