The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-02-22
HIS GUILT IN DOUBT.
(contlnued from Tenth PAGE

had been committed and would show
that the law does not put a premium
on cowardice.
MIR Robert l.. Colding made the
opening argument for the defense. In
q strong manner he reviewed the tes-
tlmony of the witnesses and insisted
that the prisoner was justified in kill
ing Deegan.
Two Kinds of towards.
He argued that there are two kinds
of towards. The first, he said is the
man who avoids a difficulty and per-
mits his manhood TO suffer because
of his recollection that he has wife
and child dependant upon him, the man
who persistently. seeks an avenue of
escape from his prosecutor. A striking
contrast is the other coward with
physical superiority who hounds his
victim at every opportunity and who
Is not content with administering one
thrashing, but who seeks on every oc-
casion to make use of his great physi-
cal power. Mr.. Colding said that the
prosecuting attorney was correct when
he said that the law does not pub a
premium on cowardice, and on this
very assertion counsel said that the
prisoner must necessarily be acquitted.
He said that the state would ask for
no more than a verdict of manslaugh-
ter, but that the defense would insist
under law and fact on a verdict of NOT
guilty. Counsel said that we know who
have the cleanest hands before man.
but not who before God. Mr.. Colding
positively insisted upon an unqualified
verdict for the prisoner at the bar.
Judge TwigGs' Argument.
Judge Twiggs followed Mr. Colding
and closed the defense's case. His ar
aaarlf ..~e.. u
and he began by announcing his inten-
ton to destroy the states bulwark--
the law upon which the prosecuting
attorney had asked for a conviction.
Counsel spent much time in reading
authorities to the court and Insisted
that under not only the facts, but the
law, the prisoner was entitled to a
verdict of not guilty.
After going over the principles of
law Judge Twiggs began review OF
the testimony, with observations and
comments. He spoke of the resentment,
animosity and vengeance. of Deegan,
and declared that under the law Dor
tic was not required to live in ever
lasting fear of his life and limb. The
question of murder was not consider
ed by counsel for the reason, he said,
that it would not be considered even
by the state. Judge Twiggs anticipated
that the Solicitor General
would seek a compromise YER
dict of voluntary manslaughter.
Dortic's Statement.
The attorney declared that the homi-
eide could be no more manslaughter
than murder. He discussed the law
of manslaughter. There had to be
passion-that Sudden heat of passion
supposed to be Irresistible" the
letters of the law. There was total
absence of passion, according to every
witness and this crime could not be
considered in forming a verdict. Judge
Twiggs spoke of Deegans invasion of
Dortics place of business, where the
prisoner had a right to be. He recalled
the foul and depraved language used
by Deegan and pictured Dortic's man
ner as the vile words were heaped upon
him. He described in graphic man
ner Dortic's plea for peace, even in
the face of such fire of profanity,
Counsel declared that the prisoner had
his foot implanted upon his native
heath" when he used his weapon. The
defense planted its case upon the
eternal rock of self-defense, and under
this law an acquittal was demanded.
When Friends Fall Out.
Judge Twiggs said that when friends
fall out the deadliest enmity exists;
deadly than brother arrayed against
brother. He declared that the evidence
showed that there was not the slightest
reason for Deegan's hostility towards
Dortic, and that, too. Deegan had been
assured that this was true.
Judge TWiggs said that it was not
his purpose to condemn or say any
thing against the dead. God forbid
that he do this he said, "or say one
word that would cause pang to cross
the breast of the old father of the dead
man" While he would not denounce
the dead, he said, he must discuss the
Facts in the case, but he would deal as
gently as possible with Deegan. He
declared that while he had no unkind
word for the dead, he would do his
duty to the living.
A Picture of Christmas.
In reviewing the assault committed
upon Dortic in Bryan's place the night
before the homicide, counsel painted
word picture of Christmas day; day
of rejoicing, when all i'll feeling should
be banished. He told of Dortic's man
ner Of entering Bryans bar; his
Merry Christmas Cad, and God bless
us ALL" the proffer of a Christmas
drink for the prisoner; the untouched
glasses and the undrunk salutation;
MS thoughts OF 'Peace on earth, good
Will to men," the sudden appearance
Of Deegan, with blazing eyes, tower
ing over the prisoner, with the glare of
vengeance like the cleaning eyes of q
spotted tiger about to spring upon it's
prey in the forest; terrific smash on
the jaw; his PROSTATE form on the
floor where the whisper of his wife and
prattle of his babe caused him to avoid
trouble ana retreat. Counsel was par
ucularly dramatic and held his lis
teners spell-bound as he painted the
picture with all the zeal and skill that
he possessed. He asked why Dortic had
been struck by this giant; this man
noted for his muscular power
Judge Twiggs scored County Detec-
tive Charlton and commented at
length upon the statement Of Kava-
naugh. He felt sure that with one
eye shot out the witness could not
have told what followed. Counsel said
that doubtless Kavanaugh thought
that he had seen all that he described.
1t was a surprise to Judge Twiggs
that he had not seen 10000 blue devils
dancing in the bar. Counsel followed
the three shots fired by the prisoner.
Two were fired from behind the cl-
gar counter in front OF which Dee
gan was standing The first bullet
entered the wall on the opposite side.
The second struck Kavanaugh. came
out at the right eye, and stopped in
the shoulder OF Bennett. Judge