The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-20

inc Jay OF the nOfI1lcldei anu bAdt ne
was glad he had not, for if he had
he would have been suspected. In this
| conversation he said Potter told him
that he wouldn't go hunting with
| Morgan, that Morgan couldn't Kill a
deer if it were as big as the side or a
house; that he had killed Bill Water rs
dog; that whenever he wanted meat he
| took his son and went out and got
| enough meat to last a week
As the witness was testifying both
Potters listened attentively. The face
of the elder Potter did not change ex-
preston, but the younger Potter
showed evident signs of anger and
was observed to mutter, as the wit
ness made statements relative to him
said He Didn't Go Hunting.
On cross-examina ton. the witness
said that Potter had told him that he
didn't go hunting, but went to get a
bunch of turnips and to exercise his
dogs.
| Guilleman BOurQuin was placed on
the stand for the purpose of rebutting
the statements made by witness for
defense that buck-shot cartridges
which he said he had purchased from
Marion PEG pies, baltimore and Lowell,
the cartridges being 10 and 12-gauge.
They were opened and exhibited to the
jury.
|
! the instance Of the solicitor, he had
made aSest with his fathers gun. He
said that he had fired the gun four
times, and indicated the load which he
had placed in 1t each time. The &vo
last times he fired it, he left the trig-
gers down. The gun was shown to the
jury
One of the caps remained intact on
the tube, while the other was almost all
| 10 Lee, vi H. of sav4ty
which he had found at his fathers
country home. and several of which
kind were found in his vest when he
was found on the road.
The test was made for the purpose of
demonstrating that Bourquin did not
fire his gun on the day of the homi-
eide.
There were other Witnesses offered
in rebuttal. Marion Lucas testified that
Potter had said that he did not go
| hunting on the day of the homicide,
and that he was glad that he didn't.
for if he had he would have gone to
the place where Bourquin was killed.
Deputy Sheriff Charles O'Connor pro-
duced number of buck-shot which
he cut out of Bourquin's buggy. These
We're introduced in evidence to prove
that they were similar to those with
which Rocca loaded the shells for Pot
ter. He testified also as to statements
made by Potter to him after his ar
rest.
Before the argument was COM
menced Judge Twiggs asked for an ex-
tension of the time for argument, stat
ing the defense desired five and one
half hours in which to argue their side
of the case, two and one-half hours for
himself and one and one-half hours for
each of his associate counsel The
a 70 hot doc t~od feSr,v
hours, and the arguments were begun
at 3:45 O'clock
MIR. Hartridge's Argument
Mr. Hartridge began the argument
for the state by invoking the law,
which the state maintained was APP
plicable 1t would maintain, he said,
that upon the day in question Bour-
quin was killed in pursuance of a
common intentl.not an intent formed,
necessarily, on the day before but at
the md.ent: and if in pursuance of
that common intent. to destroy the evil
dence of the living witness, old man
Fred Taylor was killed, then both are
equally guilty before the law.
lit will be contended, as a matter of
fact" he said that the state has pro-
duced enough testimony to convict
these prisoners upon two theories.
First, on the evidence of an eye wit
evidence"
Mr.. Hartridge then discussed the an
imOSity which for years had existed Ee-
tween Bourquin and Potter, and said
that he thought the state had pro-
duced suffi evidence of the intent
to kill which existed in the mind of
Potter, and had shown that when the
opportunity presented itself he killed
him.
The Abb Theory.
Referring to the alibi of the defend
ants, he called the attention of the jul
rors to what the defense had purpoSeC
to prove in establishing it, and sait
that whereas leading counsel had an
nounced that it would dispel any rea
sonable doubt of innocence by provins
that the two men were absent from
that the evidence of their own wit
nesses showed that they were gon
more than two hours.
Mr.. Hartridge then began a discus
sion of the PotterS' movem ents on thu
. day of the crime, beginning with tn
= inception of the hunt on the day be
! fore, and following them to the Bodi
fords. He then discussed the testi
mony of the Bodifords, and called at
tention to the irregularities and incon
sistencies which existed in it, ant
pointed out the differing statement
made by the father and son.
Pictured the Crime.
Mr.. Hartrdge pictured the Grim
committed in the still woods on
peaceful Sabbath morning-two oil
men, one of them bent by the inroad
of time, the other tottering on the yer.
edge of the grave, riddled with buck
shot-shot, cut down like dogs, as
sassinated by towards the blackes
crime which had ever Swallowed tn
criminals records of the county. H
5 described the killing as his construc
e ton of the evidence presented it to him
touching graphically upon the fearful
\ flight of the old negro, who, by tn
interposition Of providence, left the in
l disputable evidence of his fight il
tracks which spoke his infirmity. H
| discussed the diagram offered in evi
dence by Westcott, and said that ha,
I Potter nailed his visiting card on
| tree, he could have left no more poten
: evidence of the cruel assassination
D than he did by the tell-tale track
which evidenced his pursuit of tn
E faithful old servant, whose lips h
4 wished to seal in death.
r He ridiculed the statements mad
by Dixon that a two days hunt ha,
been arranged on Saturday, for Sun
: day and Monday. He discussed tn
! evidence of Candis Kelly, and main
tained that though she said that tn
crime occurred about the time that tn
, Central train went down, she reall,
! meant to say Seaboard train since tn
Seaboard runs by her house, and tn