The Savannah morning news., 1903-11-12
HELD NIGHT SESSION.


NCOQllDueQ from 1WelIIn HdB6.)
house formerly occupied by the Kellys
had been so destroyed that there ex-
lists not a vestige of house, garden or
fence and, further the pine tree near
the railroad track, which played an
important part in the former trial, has
been cut down. though none of the
other trees, some larger and some
smaller, some nearer and some farther
from the track, have been touched.
Another mild sensation was sprung
when Judge Twiggs, in cross-eXamin-
ing the witness. asked him if he knew
Willie Sims. and being answered in
the affirmative, wanted to know if
O'Connor had not asked Sims if he
hadn't heard Potter make threats
against Bourquin while in Rocker s
store. and when Sims had denied that
he had if the witness hadn't called him
d. liar. and said if you don't
testify you'll be put in Jail. Witness
denied that he had cursed the man or
threatened him with the Jail.
The state exhibited pair of Bour-
quin's trousers, those worn at the time
he was killed, and then rested its case.
Defense Had nm Inning.
The defense began the Introduction
of testimony by recalling Kelly to the
stand. 1t resulted in rather a funny
scene.
Didn't you say" began Judge
Twiggs, starting to ask a question
when he was interrupted by witness
with decided:
mo, 1 didn't"
wait until have finished the ques-
tion," cautioned the lawyer and start
ed again only to be interrupted in the
same fashion several times. Finally
witness demanded that he. be allowed
to talk and he finished telling what
he wanted to in his own fashion.
well, if you're through now, then
I'll TALK said the judge, and he did,
but his troubles were not over for aft
err he had asked witness about a GER
tain statement that Kelly fatty de-
MED having made an appeal was made
to the court stenographer, and that
gentleman declared that as both eX-
aminer and witness were talking at
the same time it was almost impossi-
BILE for him to report what either had
said. Judge Barrow suggested that
each wait until the other had finish
ed; then the examination went on.
Grand Jurors Testified.
Mr.. H. D. Pollard, trainmaster of
the Central Railroad. was called on to
tell the time that a train passed the
point of the killing, then came the read
ing of the Kellys' former testimony
after which Messrs. w. c. Neidlinger,
]. M. Barnard, Jr., and c. c.. Bell,
members of the grand jury that in
dicted Potter made statements as to
what Candace Kelly had said when
she appeared before the grand jury.
Willie Sims was called to the stand
and asked If he had had any CONVEX
sation with Mr.. f. w. O'Connor. He
said he had, that O'Connor had asked
him about threats made by Potter
against Bourquin, that he denied that
he knew of any and that OConnor had
called him liar and said he
would put him on the stand and make
him tell what he knew. When Mr..
Osborne began to cross-question lhe
witness, Sims repeated his story then
said, in an aggrieved tone:
He not only calls me a liar
but he knows me-"
$50 he knows you and calls you q
- liar" the solicitor smilingly
inquired. and the spectators laughed
till order was raped for.
In reply to further questions, Sims
| admitted that he had appeared as a
| witness in the case against Bourquin
| for the shooting of Terrell
Ever been in jail?" asked Mr.
Osborne.
Yes" snapped the witness, nc
more than many another here has
| been"
What for?"
"Some of my misdeeds."
What was it?'
Il took $2.45 a man said was his
money"
"You may come down." said the So
licitor, but Judge Twiggs stopped him.
Notwithstanding this you were
summoned here as a witness for the