The Savannah morning news., 1903-03-15
YOUNG POTTER FREE.
Continued from page Twenty.

but for the killing of Fred Taylor, but
it is also true that it was diclosed by
the testimony that they were both
killed at the same time and place;
that Taylor was the servant of Bour-
quin and that they were driving in a
buggy together. This testimony was
admitted by me upon the authority of
Kirk vs. state, 70 Georgia, $40; Kelly
VS.. state, 40 Georgia, IL; Turner vs..
state, 20 Georgia, 766; Butler VS.. state,
81 Georgia, 161.
The Fourth Ground.
1.-THE fourth ground of the motionIre-
lates to the admission of the Judgment
of the court in the former case, which
was rendered; that is to say, the sem
tence imposed upon Potter in that for
mer case. 1 admitted this sentence
under the familiar rule of law that
when the record of a case is rendered
in evidence, it is inadmissible unless
accompanied by the judgment. Many
verdicts are set aside by the judgment
and are never followed by a judgment
which enforces them, and, therefore,
1T would have been error for me to
have allowed the presentment and YER
dict to go in evidence without the sem
tence. Non constat that verdict ever
had a judgment or sentence entered
upon it enforcing it unless it was shown
by the introduction of the judgment
which completed the record.
LAS to the grounds No. fifth, SIXTH
seventh and eighth, refer to the gen.
eral charge of the court upon the sub
ject of witnesses and their impeach-
mert. also refer to the cases of Nc
Pherson vs. state, % Georgia, 49;
Shorter VS.. Marshall, 40 Georgia, 81.
Newly Discovered Evidence.
LAS to the ninth and tenth grounds
of the motion, which relate to newly
discovered evidence, think it is cumu-
lative. 1t is not a newly discovered
witness which entities a party to
new trial, but newly discovered evil
dence. Burgess VS.. state, SO Georgia,
304
1T is, therefore, considered, ordered
and adjudged that the motion be, and
the same is hereby, overruled, and
new trial refused"
Judge Twiggs is confident that he
will be able to secure new trial when
the case is reviewed by the court of
last resort. The bill of exceptions in
the case will be filed this week, and
the case will go Immediately to the
Supreme Court. There it will take
concluded the docket with which it
is now engaged.
why, certainly he will get a new
trial. said Judge Twiggs. when asked
after the decision had been rendered
what he thought of the chances of the
defense. There is not the slightest
doubt about it. If the Supreme Court
doesn't give Potter a new trial I'll
swallow this umbrella cross wise
and he raised the umbrella which he
held to show it's size.
Knows the Murderer,
"They never will convict Potter with
the testimony which we now have.
They never would have convicted him
at the last trial If we had had it then.
The truth is that three men shot
Bourquin. There We're three men who
did that shooting. We can go and put
our hands on the man who did it. Pot
ter knows who did it, but he is just
that man of iron who will remain in
Jail rather than disclose his identity.
He has never told me that he knew
who did it, but he knows.
"He didn't do it. He is the most
earnest man on earth in denying it.
When 1 told him first of the newly
discovered evidence, he cat once ex-
claimed that Providence had made
those men turn up to prove his inno-
cence"