The Savannah morning news., 1903-11-15
POTTER NOT GUILTY
VERDICT OF JURY IN TAYLOR
MURDER CASE,
ELEVEN FOR ACoUITTAL
FROM FIRST BALLOT TILL
TWELFTH MAN WAS WON OVER

Potter Not Yet Free But Held to An
swer Charge of Killing BOurquin.
Solicitor General Not Decided
When the Case VIII Come Up.
Judge TVviggs Expects to Secure
Potter's Release on Bail TO-mOr-
row-Win Plead Former Jeopardy
when the Case of killing BOur-
quin Js Brought Up-Jury's Long
Delay in Reaching Verdict Was
Thought to FOreshadOVV Mistrial.
w. J. Potter has been found not
guilty of the murder of the old negro
Fred Taylor. The jury returned YER
dict to that effect at $40 o'clock last
night, after having been out since 1880
O'Clock in the morning.
Potter was overcome with emotion
when he heard the verdict. He was
quiet enough in the court room and
displayed his feelings only in hearty
grasp of the hand of Judge II. d.
d. Twiggs. and that of his son, SNayne
Potter, but later, when he had left
the room he embraced Judge TWiggs
and called down the blessings of God
upon him. In fact, Potter declared
that God almighty had been in the
case and that Judge Twiggs had been
his instrument
To BE Tried for BOurquin Murder.
The verdict does not mean that Pot
ter is a free man, however. No
sooner had he finished his talk with
Judge Twiggs than he was taken back
to Jail, for over him still rests the in
dictment charging him with killing
Gugie Bourquin. Just when this case
will be brought up Solicitor General
Osborne was unable to say.
Judge Twiggs in discussing the trial
said that he had no doubt of the ac-
quttal of his client, and was not sur
prised at the verdict, though he was
none the less gratified by it. An eff
fort will be made to secure Potter's
release on bail tomorrow, he said,
and he believes there will be little diff
Guilty in doing so with a nominal sum
as surety.
AS to another trial for Potter on the
charge of killing Bourquin, he said, if
the case is brought up, he will move
its dismissal on the ground that the
murder of Taylor and Bourquin hav-
ing taken place at the same time and
evidently BIZ the same party or par
ties, to try Potter for the killing of the
second man after having been acqut-
ted of murder of the first would be to
place his life in jeopardy twice for the
same offense.
How Verdict Was Reached.
The verdict was a surprise to the
public as it was felt that a mistrial was
foreshadowed by the long time that
the jury took in reaching a decision.
AS a matter of fact a verdict of ac-
quittal would have been reached within
-.
charged and retired, but for the fact
that one man held out for conviction;
the other eleven were unit for ac-
Quittal from the first ballot.
After a number of ballots had been
taken and arguments We're found of
no avail with the juror bent on con-
viction, the jury asked that they
might secure further information re-
lative to the testimony of former train
master McGaw of the Seaboard Air
Line, who had testified at the former
trial, as to the time the trains on his
road had passed the point of the muir
der on the day it was committed.
Wanted Further Evidence.
This first request was made at 1870
o'clock. Mr.. Osborne assented to the
request for his part, but Judge TWiggs
objected, and the jurors were returned
to their room TO wrestle with the prob
lem with no other aid on this point in
the testimony than could be furnished
them by their memories. 1t seems that
their memories were not in accord and
that the question of securing the in
formation sought appeared an impor-
tant one, for at $50 o'clock they again
made request for McGaw's testimony
and this time Judge Twiggs withdrew
his objection and the information was
given them. Before retiring with 1t
Mr.. John NJ. Thomas, court stenog-
rapher, was put on the stand and testi-
fed to the accuracy of the report.
Pledged to Secrecy.
The jurors, as is customary, made
an agreement before leaving their room
that they would not discuss what hap
pened there while considering a YER
dict and they kept their counsel to
the extent of keeping secret the in
ducements that We're brought to bear
on the one man who stood out for
conviction, but whatever they were
they proved effective in the long run,
and at about $50 o'clock the deputy
was notified that an agreement had
been reached and this fact was COM
municated to Judge Barrow, Judge
Twiggs and other attorneys for the
defense, and those interested gathered
in the court room to receive the YER
dict.
The case was begun Monday morn
ing and has occupied the entire time
of the court since that time. The in
terest that was taken in it was shown
by the large crowds that thronged the
court room during the greater part