The Savannah morning news., 1903-11-13
ALL TESTIMONY IN.


Continued from Tenth Page
ment before. and didn't think it neces-
sary to go over the ground again, he
said, in substance, that at the time
of the killing of Bourquin and the
| negro he was working for T. c. Dixon
who had suggested the hunt.
Continuing, Potter said he had agreed
to go on the hunt and stipulated that
Dixon and the man who was to GO
with the party should be at his house
| on Sunday morning at o'clock. He
was up at 5 o'clock and was preparing
his coffee when his wife got up and
| fixed breakfast. When Dixon hadn I
| showed up at o'clock he told Swayne,
his son. that the men had disappoint-
| ed him, but that he should get his
wheel and they would take the dogs
| out for a run.
Earlier in his statement Potter re-
| ferred to the fact that he had sent
a message TO Horn that he might be
| at his place on the Sunday in ques-
| ton for a hunt. Referring again TO
this Potter said. telling of leaving for
| the trip: Il started not to take a gun,
! but, thinking about the message to
! Horn, did take it. 1t is a Godsend l
| didn't meet Horn, or / might have
| been in the neighborhood of the kill
| ing sure enough. l didn't see Bour-
| quin that day; l was never on the
] ground where they say he was killed,
| and as for the Niger, l never heard
of the niger before
Il want to say what / have never
| said before-if 1 had killed old Gugie
| Bourquin / would have come to Sa-
vannah and given myself up, just as
he did when he killed Willie Farrell,
| and l wouldn't have been in this trou-
Bile now"
Testimony In RebuttnI.
In rebuttal C. 3. Westcott was put
on the stand and again told of his sew
eral visits to the scene of the KILL
of his efforts to trace the steps leading
| to and from the place from which the
men were shot, and told of making
| diagram of the scene and the tracks.
| This diagram the state wished to put
in evidence but before it could be made
acceptable to the defense Mr. Westcott
was instructed to erase certain figures
that it contained.
H. F. Fulton told of a conVersati ton
he had had with Potter during which
Potter said there was a bad feeling be-
tween Bourquin and himself; he said
that Bourquin had killed his friend
Farrell but he'd be - if he let him
bluff him or kill his dogs. Judge
Twiggs secured from witness the ad-
mission that Bourquin's reputation for
violence was bad, but afterwards this
ing that ii was bad as regarded tres
passers on his lands, not to other
people.
The solicitor offered in evidence an
indictment against Potter and others,
dated June u, 1901. and charging them
with hunting on the Sabbath. Bour-
GUMS name appeared on the indict-
ment against the men. Potter was
convicted on the charge.
To this statement Judge Twiggs en-
tered objection but il was overruled.
Other witnesses We're then put on the
stand, among them Mr.. G. Bourquin,
son of the dead man, who testified
as to the time it requires to make a
trip on wheel from the city to the
scene of the killing, as to a. number of
measurements that he had made be-
tween the various places at and near
the scene of the killing and-a state
ment that caused considerable sur-'
prise to the defense-said that the
map of the roads and localities that
had been put in evidence on the day
the trial was begun and which has
been used every day since, was an
incorrect one, the siX-mile post on the
Seaboard Air Line Railroad actually
being between the Dean Forest and
the Bourquin crossings instead of in
the location shown on the map. This
is a matter of much Importance as
much of the outline of the defense's
argument as foreshadowed by the ex-
animation is based on the relation of
place to place.
Messrs. E. w. O'Connor, D. J.
Charlton, Fletcher A. Exley and John
NJ. Thomas were put on the stand In
rapid succession, and at 500 o'clock
the state rested its case. Judge Twiggs
asked the court how much time for
argument he could have, and was told
that he could have all that he desired
The state had the right to the opening
and closing arguments, but Mr. Os-
borne waived the opening merely out
lining, instead. what the state would
attempt to prove.
He would endeavor to show, the
speaker, said, that the circumstances sur
rounding the case exclude every other
hypothesis except the guilt of the ac-
cused man: that there is an eye-wit-
ness that Bourquin was killed in the
buggy and the negro killed for no
other reason than to hide the crime.
and that they were killed by Potter
who afterward went to Bedford s
house to conceal the crime, and then
came home.
Mr.. w W. Sheppard spoke first,
claiming that the defense had made
out an alibi His address was be-
gun at $50 o'clock, lasted until 6, when
a recess for supper was taken and
was continued for another 40 min
uotes when court was assembled for
the night session. Mr.. J. f. Myrick
spoke for about three-quarters of an
hour.