The Savannah morning news., 1902-02-21
HARD TO GET A JURY.
CONTINUED from 1Oth Page.
xavnnaugh'a story of The shootiu


the first bullet fired by Dortic. The
ball entered just below the left ear
and came out at the right eye, causing
him to lose the use of that optic. He
was in LeYan's restaurant when his
attention was attracted by a scene in
the saloon. He was eating at the time,
but saw Deegan shaking his finger at
Dortic, who was behind the bar. Dor
tic, the witness said, was walking up
and down. He did not hear what was
being said. When he left the restau-
rant he had to go through the bar,
and heard Deegan say to Dortic, You
dirty, eoWafdly cur, where can | meet
you The witness thought that Dor
tic acted like man who was badly
frightened.
Mr.. Kavanaugh said that he was in
the swinging doors talking to Frost,
another bartender, when the first shot
was fired The swinging doors separ-
ate the saloon from the cigar counter,
which is just at tht front door. Ac-
cording to the witness his back was
turned towards Dortic, who at that
time was behind the cigar counter.
Dee~an was in the middle of the sa-
loon. The witness was positive of this
and was sure that he could not have
been in front of the cigar stand.
kavanaugh struck.
Mr.. Kavanaugh said that the first
shot fired struck him, but that he re-
membered distinctly what happened
afterwards. Deegan dropped, to his
hands and knees and began crawling
towards the restaurant in the rear. Ac-
cording to the witness Deegan was
close to the counter, and could not
Lave been seen by Dortic, who ran the
length of the counter to the oyster
Oh l.. 1,,l H,.1l Oh. - = .1k
time, and the third and fatal shot was
fired at the oyster stand. AS Dortic
went from behind the counter he en-
ccuntered Deegan who was still on his
hands and knees. There it was
that the shot was fired as
he was looking up at his assailant
KaVanaugh stated that Dortic fairly
stumbled over Deegan and had to Step
back before firing.
Visited the scene OF Shooting
While I<avanaugih was ON the stand
the adjournment for lunch was had.
Counsel and others made use of the
recess of half an hour by visiting the
scene OF the shooting and inspecting
the surroundings.
When court reconVened Mr. Kava-
naugh underwent the cross examine
ton. lie stood by his statement and
several times BEGAN an argument with
counsel for defense. The witness
Insisted that saw clearly even aft
er he had been shot. He thought that
Dortic might have taken him for Dee
gan when he fired the first shot
Or. Marion X. Cor'bn was the second
witness put on the stand by the state.
He attended Deegan and said that
death was the result of the gunshot
wound. The witness described the
wound and said that it must have been
made while Deegan was in a stopping
position.
Deegan's Dying Declaration.
A dying declaration made by Deegan
to County Detective Charlton and the
witness was offered by the state and
a legal argument on it's admissi-
biIity followed. The jury was
excluded and the question of admitting
the statement was argued by counsel
for an hour and a half. Several ex-
pressions of opinion were ruled out and
the following dying declaration was
admitted as evidence:
81 cursed Dortic for everything that
l could think of and shook my finger al
his face. but did not attempt to strike
him, and could not have struck even
though l desired, as he was behind the
counter and out of my reach. Dortic
went for a cigar for Kavanaugh, at
least that is what I thought he went
for; but in place of getting the cigar
| he got his gun and polxing it at me
said: Now, you = -, you have been
looking for it and I am going to give
it to you and with that he fired.
did not attempt to draw a pistol that
night. The only thing that 1 did TO
Dortic was to curse him out and point
my finger at him. l fully realize that
l am in a dying condition and am con-
scious as to the cause of my death and
as to the party who shot me-
A diagram of Levan's saloon and
restaurant was introduced by the state
after which the prosecution closed.
Cad NJ. Bryan was the first witness
for the defense. He is proprietor of a
cafe at No. 80 Bryan street. east, and
knew Deegan well. He also knows
Dortic. Dortic WAS in his place on the
Merry Christmas" to the witness.
Deegan and Hills were in the saloon
at the time, and without any warn
ing, Deegan struck Dortic in the face.
No words had been passed, and the
witness pulled Deegan back and pushed
Dortic towards the door. Dortic only
threw up his hands and was trying to
get out of the door when struck ana
kicked by Hills, The witness did not
iCNdlt having HtdIQ any luEGetlS Ildue
by Deegan afterwards.
saw Deegan Chnse Dortic.
Al Woodccck was in Bryan's place
on Christmas night. Deegan was ia
the restaurant when the witness en-
tered. lie saw Hills and Deegan chase
Dortic, but did not see the actual as
sault. lie saw Deegan knock Dortic's
hat off. The witness had. not heard
any words passed. He tried to get Dor
tic return to the saloon. but Dortic re-
fused on the ground that he did not
want to have any trouble and that
he wanted to go home.
John Howard was in the saloon on
the same night and witnessed the as
sault upon Dortlc by Deegan. Dortic
had stated to the witness that he was
afraid OF Deegan.
Male Henderson came IN from the
race track with Deegan on Christmas
Day Deegan told the witness that
Dorhc had given him the worst OF II
In some money matters. They had been
partners IN a TURKEY rattle and Deegan
only collected SO as his share Of The
graft He expected half Of what was
taken IN and had been told that Dor
&c had given him the worst ~ H. he
announced thai be would follow Dortic
and that whenever he got n chance be-
would beat his damn brains out The
witness know both Weu and said that
Dos "a Waa muah a a. best man physi-
olIlf. There were fo men in abe city
who aero better phl 5irHlly fhau Dee-
gan Tho wifness recalled ihre.ts made
hy Deegan against uortio The ian-
guaTe Was more positive Chan elegapt