The Savannah morning news., 1903-11-08
POTTER'S NEW TRIAL
WILL BEGIN IN SUPERIOR COURT
TOMORROW MORNING.
NINETY-EIGHT WITNESSES
TO BE PUT ON STAND OR THEIR
FORMER TESTIMONY TO BE READ.

Nearly Three Hundred Men Have
Been subpOenaed for Jury Duty
and 1t May BE Necessary to Secure
ms Many MOre-Defense Will In
trOduce Two New Witnesses.
Three of States witnesses Have
Died Since Former TriaI-Three
other Persons Who Testified BE-
fore Out of State-Much Trouble
Encountered by Officers in serv-
ing Warrants.
With undated interest on the part
of the public, the second trial of w.
]. Potter for the murder of Fred Tay-
lor, the negro servant of Gugie Bour-
quin, will be watched in the Superior
Court this week.
1t is expected by counsel on both
sides that the case will occupy the en-
tire week, an expectation that is nat
ural when it is known that ninety
eight witnesses will appear in the case,
or that their testimony from the for
mer trial will be read, and so much
trouble is expected in securing a jury
that already 266 have been summoned,
and possibly as many more will be
summoned from which to select the
twelve to pass upon the case the sec
ond time.
AS has been stated in the Morning
News, three of the states witnesses,
who testified at the former trial, have
died. They were Mr.. John H. Fox,
Mr.. G. Fraser Law and Tom Johnson,
a negro. In summoning the remainder
it has been found that three others,
two for the prosecution and one for the
defense, are out of the state. Their
evidence in the former case will be
read to the jury.
SO far as is known, the state has
no new witnesses to introduce, but
the defense has two, Mr.. Martin V.
will testify that on the morning of
the killing of Bourquin and Taylor they
met Potter on the road half way be-
tween the scene of the tragedy and
the city; that he was on his bicycle
and carried a bunch of greens; that
they followed the road to the place
where Taylor was afterwards discov-
cred dead on the railroad track; that
they were surprised to find railroad
in that location, stopped and examined
it particularly and saw nothing of
either Taylor or the buggy in which
he and Bourquin had been driving
when Bourquin was shot.
Ihey VIII further TESTIFY that they
continued to the Horn place and that
while there they heard five shots fired
in rapid succession. 1t was chiefly on
the statements made by these gentle
men after the conviction of Potter that
new trial was secured.
The trouble that may be anticipated
in securing jury is shown by the eff
forts of those against whom subpoenas
have been issued to dodge the efforts
to serve these papers. Rather an
amusing case of this sort occurred yes
terday afternoon. One of the sheriff S
deputies had made five efforts to serve
a subpoena upon a gentleman within
two minutes walk of the Court House
but each time he had failed to reach
him, being met at the door with the
statement that Mr.. 80 and So" was
out. The telephone was resorted to-
and 1t was found that the man was al
his place of business, then the deputy
made another trip only to find again
that the man sought was "out."
The affair was related to Judge Bar
row Just as that gentleman was leav-
ing the Court House late in the after
noon. "Give that subpoena to me, Mr.
Sheriff" Judge Barrow said, "and ]
will serve it." And he did.