The Savannah morning news., 1903-11-07
EVANS FOUND GUILTY
JURY RETURNED VERDICT WITH
RECOMMENDATION.
$500 FINE WAS IMPOSED
JUDGE BARROW BELIEVED EVANS
WAS LED INTO DIFFICULTY.

NerdIct was guilty OF ShOOtlnK at
Another, with Recommendation
That He BE Punished as for "A
MisdemeanOr-Sente Was $500
and Costs or Go to Changing for
six MOnths-Fine Was Promptly
Pnid-EVnns Tried ON Charge of
Assault with Intent to Murder
Cad Bryan-Seven More Cases of
similar Kind May BE Taken Up
To-day.
Nat Evans. tried yesterday in the
Superior Court on the charge of as
saulting with intent to murder Cad d.
Bryan, Jr., in the shooting ARRAY in
Bryans saloon, June %, was found
guilty of shooting at another, with
recommendation that he be punished
as for a misdemeanor. Judge Barrow
told Evans that he would make his
sentence a light one, as he believed he
had been led into the trouble. He then
sentenced him to pay fine of $500 and
costs or to serve six months on the
changing. The fine was Immediately
paid.
The trial occupied the court the en-
tire day, having been started at 10
o'clock, when court convened, and not
having been finished until very near
ly 10 o'clock at night. The arguments
were finished a short time after
o'clock. The jury retired, court was
adjourned and Judge Barrow went
home. In less than an hour the jury
had agreed, the judge was notified, re-
ceived the verdict and pronounced the
sentence.
Case Hard Fought.
If anything, the case of Evans was
fought even harder than was that of
Doss, tried on the same charge, the
day before. Practically all of the wit
nesses examined in that case were
again on the stand, gave evidence quite
as lengthy as in the first case, and
some of them were put on the stand
for the second time, either for supple
mentary statement or in rebuttal.
AS was to be expected, the greater
part of the testimony given was the
same as that given in the Doss trial,
though in more than one instance eff
forts were made to prove that wit
nesses had made different statements
during the two trials while testifying
as to the same points.
The Barber shop Incident.
The statement of Evans was of the
greatest interest, not only from the
fact that he was the defendant in the
trial, but also because he told of a
number of occurrences bearing on the
case which had not been told before.
He told of an occurrence that happen
ed in Gerst's barber shop, subsequent
to the shooting scrape, when, he said,
Cad Bryan had entered the shop, call
ed him a -- ---- --- ana
told him that if it were not for the
place he would shoot his head off. He
also told of a scene that took place III
a Congress street house, when Bryan
had come in according to his state
ment glanced about the place, appar-
emily looking for some one, saw Evans,
turned pale and left. Later Evans
said Bryan had denied that he had
seen Evans, but stated that If he had
caught sight of him he would not have
been responsible for what he would
have done.
This remark was carried to Evans by
a friend and the witness stated. ne
had been advised to put Bryan under
a peace bond, but later decided not TO
do so. as he thought that by such ac-
IlOllS bryan NAoAiCN ~
his reputation as a 'DulldoZef.
saw bryan Have "A Pistol.
The main points in Evans story of
the shooting, that is, so far as he him
self was concerned, were that when
he saw Bryan with his pistol in his
hand, while DoSs was still at the scales
preparing to weigh, he had called out
to Bryan not to shoot, that Jim didn't
mean anything; that he had then moved
to the end of the counter to the posi-
ton of the cigar case and that he
didn't draw his pistol till four or five
shots had been fired. He drew his
gun to shoot Bryan, he said, and that
to do so he stood on the railing and
reached over IVey to keep from hitting
that man. Referring to Bryan, he said:
when l shot he ran; in fact, before
I shot he began to run.
Supt. Garfunkel on the Stand.
Superintendent of Police Garfunkel
was put on the stand by the state to
prove that Evans in a statement made
to him shortly after the shooting had
said that he didn't have a pistol. either
when he went into Bryan's place or
when he came out.
Later Evans was put on the stand
in rebuttal, particularly In reference TO
the testimony of the chief of police.
He had no recollection of making any
statement to the chlet or ponce, ne
said. He explained that when he came
out of Bryans place after having been
shot he felt that his wound was a
dangerous one and immediately went
to DIR. Norton's office and asked for
treatment.
The doctor made him cough, which
caused him to spit blood, he said, and
seeing this, the doctor insisted that
he take dose of severe medicine. He
objected, he continued, but the physi-
clan said that he must take it, and he
did so. Later when he had been taken
to the house of a friend the doctor,
he said made a number of injections
in his arm despite his protest.
Il have no recollection of making
statement to Garfunkel," the defend
ant said, land l never denied the
shooting"
In an effort to prove Bryan's repu-
tation for violence Evans related that
three or four years ago Bryan and
Frank Fulton had had a difficulty in
the Royal Music Hall; that Bryan
had crushed a glass that he was drink
ing from in Fulton's face, and imme-
diately drawn a pistol and showed 1t
in Fultons face.
Witnesses Talked Back.
The first witness on the stand was
Bryan, who made quite as lengthy a
statement as he had made the day
before in the trial of Doss. He was
subjected to a most searching cross
examination. Bryan wanted to tell
the story his own way, while Judge
Twiggs insisted on direct answers. Of
ten Mr. Osborne was called on to say