The Savannah morning news., 1904-10-21

its case, the state contending that
Goodman shot Zipperer while the men
We're ten feet apart while the latter
mad only the short club in his hand
ana while a third officer of the law
stood between them. The defendant
set up self-defense and contended that
Aipperer was reaching for his revolver
When the fatal shot was fired.
PatrOlman MaIphuS Testifies,
Patrolman c. NJ. Malphus was the
first witness called for the state. and
as 1t afterwards proved, the only one.
he told practically the same story of
the affair as he did Immediately after
the shooting. He pictured the two men
standing there before the Union Sta
ton and arguing as to whether it were
pest to arrest certain negroes who were
acting as runners" for a saloon.
The men began getting heated and
then reached for each other, though
the witness could not say which made
the first move for the other He then
jumped between them and ordered them
to Stop your nonsense. =" Zipperer then
called to Goodman, Take your hands
off of me, and then the witness push
ed both men apart.
Zipperer's Dying Words.
They both unbuttoned their coats
and Zipperer drew his short club. An
instant later Goodman shot, and the
other officer sank to his knees with the
exclamation, "Oh, Lord, my poor wife
and children The defense objected to
this statement coming in as evidence,
but the objection was oVerruled
The witness then began struggling
with the defendant to disarm him, and
after few minutes scuffle succeeded
in getting his pistol. AS he turned to
Zipperer, lying on the ground in a dy-
ing condition, he noticed his pistol ex.
tending from his right hip pocket
Cross-eXamination failed to shake the
evidence of Malphus, and an attempt
to prove that he was more intimate
with Zipperer than with Goodman
brought out evidence just the reverse.
The state here rested it's case.
The Defendants Statement.
The defendant then took the stand
III his own behalf and made his state
ment. His account of the fighting was
very brief, and he spoke low and rap
idly. The entire statement, which is
here given in full took only a minute
or more:
Gentlemen: On the 2sth day of
September, | was standing in the
driveway at the Union Station, talking
to Officers Zipperer, Malphus and Sergt.
Davis. We were talking there about
the negro drummers around the depot
Officer Zipperer said that he would ar
rest them every chance he got. l told
him that there was no use to do that,
that a man could handle them without
arresting them, and that l would not
arrest them unless they were OBJ
structing the sidewalk. He said that
he would.
81 said: ANY man can handle a
crowd of negroes without arresting
them
HE said he could not and 1 said:
Well, you can If you have any sense
He said: You are a - - fool
Leading Up To Shooting.
$50 then I threw my left hand on
his breast and he threw his right hand
on my breast, and reached with his
left hand for his club. Mr.. Malphus
stepped between us and pushed us back
and said, Don't have a fuss
'Zipperer stepped back and he threw
his hand to his right hip pocket, that
way Qndicating), and tried to pull his
gun. 1t seemed that he made a sec
ond attempt. As l saw Malphus be-
tween me and him, and as l thought
he was going to shoot me, 1 tried to
hit him in the right shoulder, so as
to disable him from using his gun.
81 thought he was going to shoot me
is the reason l shot him. Mr.. NAL
phus asked me TO give him my pis-
toll, which l still held, and l called
Malphus attention, Don't you see that
man trying to shoot me- He then
took the pistol sticking out of Officer
Zipperer's pocket, about that position,
Gndidating). 1t seemed that when he
pulled at it the hammer caught and
he couldn't get it out of his hip pock-
ct, and as he lay, his hand dropped
away from his pistol"
Judge Adams for the defense, stat
ed that in view of the fact that the
state had offered but one witness, he
would rest his clients case.
RebuttnI Testimony.
In rebuttal the prosecution called
Officer Malphus, who stated positively
that Zipperer did not curse Goodman.
The state then closed its case, Solicit
tor General Osborne followed his usual