The Savannah morning news., 1904-07-11
INTENDED FOR
The DEAD DOCKET
GREENE AND EVANS CASES
But MIX. OLIVER, REPRESENTING
OFFICER COLLINS, DECLINED.

Tvirrs 4 oliver Are Defending
Evans and Assisting in PrOsecu-
ton of Henry &. Greene-BOth De-
PENDANTS Indicted on MurderOus
Assault Charge-BOth Juries stood
Eleven for AcquittnI and One for
Conviction When MistriaI Was De-
cIared.
Back of the assignment of the cases
Of Henry q. Greene and Nat l. Evans,
both charged with assault with intent
te murder lies an interesting story
The Greene case is assigned for
Wednesday and the case against Evans
for Tuesday.
Some months ago Evans was tried
on a charge Of assault with intent TO
murder the case being an outgrowth
of the Doss' gambling room shooting
row. The case resulted in a mistral,
the jury standing II for acquittal to
one for conviction. The defendant was
represented by Twiggs & Oliver.
Green was tried on a charge of as
sault with intent to murder. the case
being an outgrowth of the shooting of
Patrolman Charles Collins in the
Mayors office during an investigation
of an arrest and fine imposed on
Greene in the Recorders Court. This
case also resulted in mistrial, the
jury standing IL for acquittal and one
for conviction. In this case Twiggs
& Oliver represented Officer Collins
and assisted in the prosecution.
At the term of court Immediately
following the first trial of Evans the
case of the State against Evans was
assigned, but never brought before the
court. 1t was intended at this term
of the court to put the case on the
dead docket and. unless the state
should later find more evidence. this
would have been the end of it,
This course is always pursued in cases
where conviction seems hopeless, as
indicated by the standing Of the jury.
similar disposition was to have
been made in the case against Greene
The case was to have been called at
this term of the court, assigned. and
then passed. At the next term it was
TO have been placed on the dead docket
Hitch in the Programme.
But a hitch occurred which marred
THIS programme, a programme mapped
ouI 20 save the state an unnecessary
expense. When the case against Greene
was called in the Superior Court MIR.
Oliver of Twiggs & Oliver announced
that he would insist upon a trial. his
client, Patrolman Collins, demand
ing it.
The solicitor recalled the standing Of
the jury and pointed out the fact
that conviction was practically hope
less unless some new evidence of i'm
portance had been brought to light Mr..
Oliver hnMTaNar In ha
client, insisted on a trial.
The solicitor at once announced that
II the Greene case. i'm which Twiggs &,
oliver were the prosecutions attorneys.
was tried, he would try the Evans
case, in which the same attorneys rep
resented the defendant. This statement
made no great impression on Mr.. Oil
YER and Judge Cam then assigned the
cases for trial.
Both Cases Hard Fought.
Both cases were hard fought at their
first hearing and every effort was nut
forth by each side Judge II. H d.
Twiggs conducted the Evans case for
the defendant and fought every move
of the state to a standstill. So success
full was his method of defense that he
shattered the seemingly circumstantial
evidence of the state and the trial Jury
stood II for acquittal and l for conVic-
ton from the first ballot
The Greene case was equally hard
fought, Judge Samuel b. Adams repre-
senting the defendant and Mir f. NJ.
oliver assisting Mr.. Osborne. In this
case the jury stood 10 for acquittal and
2 for conviction on the first ballot. On
the second ballot the vote stood II for
acquttal and / for conviction. This
ratio was maintained until the mstrial
was declared.
AS far as can be learned. there has
been no new evidence adduced
by the state in either case Owing to
the conditions under which the Greene
shooting occurred no new evidence can
be adduced by either side. 1t is ru-
mored, however that the defense in
the Evans case has brought a new fact
to light which will throw out a con-
tention of the state that the revolver
offered in evidence as Evans was his
pistol.