The Savannah morning news., 1904-12-13
GAVE TESTIMONY
FOR HIS CLIENT
LAWYER OLIVER A WITNESS.
CASE IN WHICH HE APPEARED AS
COUNSEL FOR DEFENSE.
rool. Stand nnd ToId OF CONDITION..

Took Stand and Told of Conditions
Prevailing at Scene of Alleged
Murder of Turner-James Rhodes,
COIOred, Was observation-disclosures OF
the Murdered Man Figured to
Some Extent-NO Likelihood OF
Jury Agreeing mt an Early Hour.
Counsel for the defense taking the
stand in behalf of his client was one
of the features of the trial of James
Rhodes in the Superior Court yester-
day. The accused is charged with the
murder of James Turner.
This feature developed at the close
of the trial. Witnesses had been sub
poenaed who had been over the ground
to substantiate the testimony of two
witnesses for the state whether the
scene of the homicide could be viewed
from a certain point. Both witnesses
time and witnessed the killing.
The defense contended that from the
point indicated they could not have
seen the blow which produced death.
Deputy Sheriff Meldrim took the stand
and substantiated the testimony of
the two negroes as far as the posi-
bility of watching the killing was con-
cerned.
AS the officer stepped from the stand
Mr.. Frank M. Oliver, one Of counsel
for the defense, stepped forward and
asked to be sworn. This was done by
the court and the attorney at once
stated he had been on the ground and
was unable to see more than faint
outlines of the figures at the scene of
the homicide. Assistant Solicitor Cen
eral Dan ]. Charlton asked only one
question of the attorney on cross-ex-
animation. This closed the evidence
in the case and the argument was at
once commenced.
All Manner of Testimony.
Rhodes is accused of having struck
Turner with a billy, about six miles
out from Savannah near the place
where the Seaboard Air Line tracks
cross the Ogeechee canal This scene is
close to the place where Gugie Bour-
quin was killed several years ago and
some of the witnesses who figured in
the trial following his killing were call
ed in this case
There was all manner of testi-
mony. Some of the witnesses were
hard to get started. but when they
once got under way, it was even
harder to make them stop. 9th
ers were just the reverse and could
not even get out the simple word NO
without much hesitation, and stam-
mering and repeated attempts.
Two witnesses, Dick Hamilton and
Aaron Givens. both testified they had
seen Rhodes standing under a pine
tree and Turner approaching. When
Turner was just opposite the defendant
Rhodes jumped out at him and struck
at him with a billy. The man Turner
fell down the bank and was heard to
exclaim, ''Oh, please don't, please don't
kill met
Turner's Ghost seen.
There We're some rather wierd ex-
plantations connected with the evidence
and some rather startling terms used.
Inc negroes referred to the lament
tation," the 'oneration," the ''confus-
Ion" and the first dark of the night"
Hamilton had some UNIQUE ideas of
punishment and when told of Rhodes,
arrest said: If yo' KEEP him in Jail
10 three days hit hain't but a minute,
utes hit haint but day, 'siderin' what
he has done done''
Givens got in some other startling
testimony and called on. Turner's
ghost to bear witness that he was
telling the truth. He informed the
jury that Turner's ghost had appeared
to him in vision, walking in a stately
manner about the room and motioning
toward the scene of the homicide. Civ
n
even at the ghosts bidding. He ad-
mitted the ghost said nothing to him
but claimed he motioned out consider
able.
Defendant in Bad Plight.
The defense set up an alibi and call
ed witness after witness who sWore
Rhodes was not at the scene of the
homicide at the time it was commit
ted. The defendants mother, who is
aftiicted with an impeachment of
speech, swore the boy was home at
the hour Turner was alleged to have
been killed.
When Rhodes took the stand in his
own behalf it soon developed he could
scarcely get out word. II took him
hfteen minutes to stammer out II don't
know nothing about it," and that was
all the further he got. He made a
pitiable attempt to explain his where
apouts but could not get out the
words and gave up in despair. All
the humor that might have Iurked in
the efforts of the defendant to speak
vanished with the thought that the
man was on trial for his life, and UNI
able to tell his side of the case.
Shortly after o'clock both sides had
finished the taking of evidence and the
argument began. Assistant Solicitor
Charlton appeared for the state and
Twiggs & oliver and Mr.. John Rourke,
Jr., for the defense. Mr.. oliver OPEN
ed for the defense. He was followed
by Mr.. Charlton and Judge Twiggs
closed. There was no likelihood Of the
jury agreeing at an early hour this
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