The Savannah morning news., 1903-03-14
COUNSEL WILL
PLEAD FOR POTTER.
Motion For New Trial I'm Famous
Murder Case Heard To-day.

MURDER Case Heard To-day.
The argument on the motion for a
new trial in the case of the state
against w. ]. Potter. who was, at the
last term of court, sentenced to the
penitentiary for life for the murder of
Fred Taylor, the negro servant of Gu
gle Bourquin, will be heard in cham
bers this morning before Judge Bar
row.
The arguments promise to be lengthy
and interesting, the defense having
hopes of securing a new trial from
Judge Barrow without taking the case
to the Supreme Court. This hope is
induced by the discovery of additional
evidence, which, according to the con-
| tentions of the defense, proves conclu-
sively that Potter was not the muir
| derer of Taylor and Bourquin. On the
grounds which allege error, the de-
Tense also has hopes. One of these
grounds, aScribing error in the charge
of the court relative to the impeach-
ment of witness, is especially relied
on by Judge Twiggs.
The prosecution, on the other hand,
is prepared to meet the argument of
the defense. States counsel believes
| that there was no error committed by
the court, either in the admission of
testimony or in the charge, and at
tach little Importance to the newly-dis-
covered evidence.
The introduction of this evidence will
raise a nice point if the case ever
comes to trial. This testimony was pub
| lished in the Morning News, and was
! the subject of much comment yester-
| day. In short, it was to the effect that
| two citizens crossed tine railroad track
GlIhCaHIRnf n he ir,n haf DOff f-
| admitted to have returned to Savan-
nah, and short time after according
| to the states evidence) the commission
| of the crime, and though they looked
down the railroad track in the direc-
ton of the scene of the crime, they
saw nothing on the track, the body of
| Taylor being Obliged to have been on
the track at that time, according to
the states evidence. Subsequent to
this time they heard rapidf1ring in the
| direction of the scene of the crime.
1t will be the contention of the de-
| Tense that the two men could not have
helped seeing the body, had it been
there. At the trial the defense ridi-
culed the idea that Candace Kelly could
| have seen the shooting at the distance
| she was from the crime. The state
will argue that she was nearer the
scene than were the two citizens who
| made the affidaVits. 1t will also be
brought out that Kirsey, who will be
remembered as one of the principal
witnesses in the case, passed the scene
of the crime only a few yards from
where the buggy stood, in which was
| the body of Bourquin, and that, though
he saw the buggy, he did not, in cross
| ing the tracks later, see the body of
the old negro.
The defendants will not. of course,
be in court. The argument for the de-
! Tense will be conducted by Judge H. D.
d. Twiggs, Mr.. John E. Myrick and
Mr.. w. w. Sheppard, while the state
will be represented by Solicitor General
| Osborne. Counsel on both sides have
spent much time in the preparation of
| their arguments, and in the study of
the points of law involved
The testimony in the case is volumi-
nous, and as the general grounds of
| error are assigned, this will be briefly
| reviewed. The brief of evidence and
testimony in the case comprises $50
pages of typewriter matter, constitut-
ing one of the largest records ever pre-
| pared in criminal proceeding in Chat
| ham county. Because of the work en-
| tailed in it's preparation, it has been
| necessary heretofore to postpone the
| hearing of the argument. In the event
| the motion for the new trial is over
ruled, the case will be taken to the Su-
| preme Court.