The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-11-13
ALL TESTIMONY IN
ARGUMENTS To JURY IN POTTER
CASE BEGUN.
POTTER MADE STATEMENT
GUN WOULD HAVE GIVEN
HIMSELF UP.

Solicitor Osborne, VINO Will make
the Only Address for the State,
VIII Contend That the only Hy-
pOthesis Possible shows Potter
Killed observation-disclosures Seeks to
Prove nm AIibi-W. w. Sheppard
and John T.. Myrick Made Adj
dresses Last Night-EarIy Recess
Tnken because of Sick Juror.
Judge TwigGs and Solicitor Gem
eraI Osborne to Address Jury
This Morning.
The Potter case will go to the jury
to-day probably by the dinner
recess. All of the testimony was
in yesterday, the state outlined it's
theory of the case, and two members
of counsel for the defense, Messrs. w.
| w. Sheppard and John e. Myrick, con-
Guided their addresses to the jury. The
case for the defense will be concluded
by Judge Twiggs, and that for the
state by Solicitor General w. w. Os-
borne.
Since the jury was selected one MEM
Der of it, Mr.. B. w. Tedder has been
taken i'll. 1t became necessary to call
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juror is still so indisposed that it was
partly in consideration of his condi-
ton that Judge Barrow took a re-
cess earlier last night than had been
planned when the night sessions were
begun.
The features of yesterdays session
were the statement by Potter in his
own behalf and the introduction by
the state of it's testimony in rebuttal.
particularly the introduction of a num-
Der of photographs taken at the scene
of the killing as recently as last Sun
day and for the purpose of showing
that the body of a man might lie on
the track where the body of Fred Tay-
lor was found and still be so incon-
spicuous from the Bourquin crossing
as not to attract attention or even no.
tice from any one standing on the
crossing, and having no previous
knowledge that body was there.
There was nothing of special inter-
est in the testimony of the first wit
nesses, John L. Card, Robert Cramer
and T. c. Dixon. Richard Kelly was
put on the stand and asked by Judge
Twiggs about a visit he was said to
have paid to Mr. Oliver of Twiggs &
oliver, the witness mistaking Mr.. Oil
yer for Mr.. Osborne, and saying that
he had come to get money for testify
ing at the former trial
Kelly admitted the visit, but denied
that he had asked for money for tes-
timony. He said he had very short
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asked him if it were not a fact that
he had called at his office, found that
states witnesses were not allowed
money and gone off without getting
any thing. This Kelly affirmed.
Mr. Oliver himself went on the stand
and made statement relative to the
call of Kelly at his office, alleging,
though with greater detail, all that was
inferred in Judge Twiggs' question to
Kelly.
This happened months aft~r the
first trial, did it not?" asked Mr. Os-
borne.
Yes, sir" replied witness.
Part of Photograph.
After the dinner recess. C. ]. Wall
was put on the stand, and told about
the hunt that took place some days
after the shooting, explained his rela-
lions with and knowledge of, Potter,
and of his visit with Martin Chambers
and John L. Card to the scene of the
Taylor killing to make the expert
ment of having one man lie on the
track, in the location and position that
Taylor was found, while the other stood
at the Bourquin crossing to see If a
body in such a position could fail or
being seen.
The witness explained that Chambers
had suggested the experiment and that
Card had laid on the track while he
and Chambers looked on from the
crossing. In reply to the solicitors
question as to how large the man on
the track looked the witness said:
HE looked as big as a cow; he was
twice as large lying down as he was
standing up.
MIR. Osborne then handed a photo
graph to witness, asked him to ex-
anime it carefully. and tell what he
saw remarkable If anything about 1t.
Judge. Twiggs Immediately wanted to
know what there was about the pic
ture and though the solicitor allowed
him to see 1t he refused any explana-
ton of 1t at the time, 1t not having
been put In as evidence.
81 want to know the reason of this
photograph" remarked Judge Twiggs.
"I don't know myself, Judge, remark
ed Judge Barrow. but you remember
the Bible says That which we know
not now ye shall know hereafter.
The witness was allowed to leave
the stand after testifying, at the in
stance of Judge Twiggs, as to the gen.
eral reputation of Mr.. Bourquin for
violence.
state Tried an Experiment.
]. D. Horn was the next witness OF
Importance. He told in detail of the
visit of himself and family to his
place in the vicinity of the shooting
on the day of the shooting, then, at
Mr., Osborne's suggestion, told of
trip to the scene of the killing, made
Sunday by a party in which were
Messrs Osborne, Charlton, O'Connor,
F. A. EXley and another
The witness stated that he went
with Mr. Osborne to the Bourquin
crossing while Mr. Charlton went to
the place where Taylor's body was
found and there FAY down on the track.
Referring to Mr. Charlton while in
that position, Mr.. Osborne asked:
Gould you tell it was a MANI"
Nor, sir" came the answer
Look like a cow
The witness answered in the mega
awe, and added that there was nothing
at all about 1t to excite attention as
the man on the track from the dis
lance of the crossing looked something
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