The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-10-21
VERDICT OF JURY
FIRST REJECTED
GUILTY OF MANSLAUGHTER
IN GOODMAN MURDER CASE WAS
NOT RECEIVED By COURT.

neys and Solicitor FOIIOWed-Ju-
rOrs Charged as TO Granddaughter,
A Few Minutes Later Were Again
Called Back and a Supplemental
Charge Was Made-Verdict or
Guilty of Voluntary Granddaughter
with Recommendation to Mercy
Then Returned.
After three charges had been deliv-
cred by Judge Cam and a verdict of
1--WE, the jury, find the defendant
guilty of manslaughter and recon-
mend him to the mercy of the court"
had been rejected, w. c. Goodman was
last night found guilty of voluntary
manslaughter, in the killing of E. o.
Zipperer, with a recommendation Co
mercy. This verdict was received at
11:50 o'clock.
The case was given to the jury at
$50 o'clock in the afternoon, the court
charging that it must bring in YER
dict of guilty, guilty with a recon-
mendation to life Imprisonment, or
not guilty. Varying reports were sent
down from the jury room, the general
for conviction and five for acquittal.
At 10 o'clock Foreman Gordon L.
Grower sent word that a verdict had
been reached. The court officers hur-
ried in and the prisoner was brought
from the Jail and took his place by the
side of his counsel. Back of him sat
his two brothers, who had been with
him during the entire trial, and they
and the prisoner anxiously scanned
the faces of the jurymen as
they filed into their places. With the
exception of Foreman Grower, not a
single juror glanced at the prisoner,
and this was interpreted by those in
the court room as evidence of a con-
viction.
Declined to Accept Verdict.
In response to a question from the
court, Foreman Grower announced
that a verdict had been agreed upon,
and the Indictment was handed to
Clerk Carr. Case of the state against
w. C. Goodman; murder" read the
clerk. I'VE. the jury, find the de-
PENDANT guilty of manslaughter and
recommend him to the mercy of the
court"
Judge Cam studied a moment and
then, turning to the counsel for the
defense, asked, Have the counsel for
the defense any objections to receiv
ing the verdict?"
ANY objections of what nature?"
asked Judge Adams.
ANY objections of any nature to
rppeiVinpr and recording verdict
answered the court.
Il do not know that we are under
any obligations to express an opinion
as to the receiving and recording of
the verdict, or that we are called upon
to object" came the prompt answer.
Judge Cam hesftated an instant
longer and then turning to the jurors
said: You may retire to your room
and make up a verdict. This verdict
cannot be received under the charge
of the court
Solicitor Osborne Sent For.
The twelve jurors filed out and
Judge Cam retired to his chambers. A
moment later a bailiff was sent in for
Judge Adams and Col. Colding, coun-
sci for the defense, and Deputy Sheriff
Sweeny was directed to send for the
solicitor general.
The reason for rejecting the verdict
first brought down was that, under
the charge of the court, there had been
no reference to manslaughter and
hence a manslaughter verdict could be
contested, and perhaps thrown out.
During the time the court was waiting
for the solicitor. the prisoner sat in
the sheriff's Office. his arms folded on
the window sill, and his head resting
on them. One of his brothers sat be-
side him. and the two conversed to-
gether in low tones.
Mr.. Osborne reached the Court
House shortly before IL o'clock, and at
once went to Judge Cams chambers.
A short consultation between the court
and the attorneys followed, and at it's
conclusion Judge Cam again entered
the court room. and turning to the
sheriff, said: Mr.. Sheriff, bring down
the jury"
Second Charge to Jury.
AS soon as the jurors had taken their
places and the prisoner was brought
in, Judge Cam said;
Gentlemen: The court received a
request from the jury to be charged
as to manslaughter, and after mature
deliberation it considers it it's duty to
charge you on that point. DO you re-
member clearly the charge as delivered
to you on the laws of murder ana
justifiable homIcide?"
81 expect it will be best to charge
US in full again." replied Foreman
Grower.
Judge Cam then delivered in full his
first charge, and elaborated upon il.
The laws governing manslaughter were
charged In full. The closest attention
was paid to the charge by the jurors,
many OF them leaning forward in their
seats, as though they feared they
would miss some of 1t.
Judge Cam outlined the theories of
the defense and illustrated the text Of
the law with facts from the case. A
careful distinction was made between
a felony and misdemeanor and es-
pecial attention was paid to the bear
ing each had on the case. The ques-
ton of fear of death was treated elabo-
rately, the judge referring TO It twice
during the charge.
Made supplemental Charge.
After charging the jury for twenty
i've minutes the court said: You may
retire and" Before he had finished
Judge Adams said: II wish the court
would make itself clear on the duty of
the defense in regard to our theories
take IL that the state must prove
that our theory is not the true one,
and that we are not called upon to es-
tablish II beyond a reasonable doubt"
The judge briefly outlined the theo-
ries Of both the state and the defense
and instructed the jury to retire.
Judge Adams, after a short consulta-
tion with the court. took his seat.
Judge Cam at once turned to the sher-
im and again gave the order TO bring