The Savannah morning news., 1904-03-19
EVIDENCE WAS
NOT EXPECTED
JUROR SURPRISED DEFENSE
BY REPORT MADE ON REVOLVER
WHICH WAS IN EVIDENCE.

man Harry Weed with the Expec-
tatiOn That He Would State That
1t Had Not Been Fired-Answer
Was That 1t Had Been Fired
Twice-Judge Twiggs NOnpIussed.
Case Against Evans Marlborough.
The jury in the case of the state
against Nat l. Evans, charged with
assault with intent to murder, is still
out.
Judge Cam waited on the jury I'M
til II o'clock last night and when no
verdict had been reached at that hour,
he ordered the sheriff to prepare the
jurors comfortable lodging and then
left the Court House.
The most interesting feature of the
trial was the setback given to Judge
H. H. d. Twiggs, who was represent
ing the defendant, by Mr.. Harry
Weed, one of the jurors. Judge
Twiggs was arguing that the revolver
produced by Supt. Garfunkel as one
of those found in the locker in the
room adjoining the Doss' gambling
rooms, had not been fired.
The superintendent had testified that
there were powder stains in two of the
chambers, but that they had disap-
peared. In examining the revolver
Judge Twiggs believed that all the
chambers were creased, a condition
which could not have existed had the
revolver been fired.
After ~
this fact Judge Twiggs handed the re-
volver to the jurors, asking them to
look at the chambers closely. Several
on the front row examined the revolv-
er and, then, Judge Twiggs noticing
Mr. Weed, handed the revolver to him
with the words:
Il will give this to a competent
judge, to one who is well versed in
firearms. His opinion will be one
which cannot be gainsaid. Take this
revolver, Mr.. Weed, and examine it.
Turn it to the light so that you can
see it clearly. We want light shed on
this case"
Revolver Had Been Fired.
Mr.. Weed looked at the revolver and
then handed it back to the attorney,
with the words:
Yes, sir, that revolver has been fired
twice"
The answer completely nonplussed
Judge Twiggs, and for a moment he
could say nothing. At last he turned
and laid the revolver on the solicitors
table, with the words: 81 did not in
tend to make a witness out of a jury
man.
The answer of Mr.. Weed and its eff
feet on Judge Twiggs caused ripple
of laughter to run over the court room.
he s,,.4 L,
fought and every point stubbornly
contested by counsel. One of the feat
ures of the trial was the work of So
licitor Osborne, who put forth every
effort to secure conviction. His ques-
tions, especially on cross-examination
of the witnesses for the defense,
brought out much important evidence,
and much that could not have been
obtained from the states witnesses.
Judge H. H. D. Twiggs and Col. Rob-
ert L. Colding are representing Evans
and worked hard in the interests of
their client.
ROsenthals Story of Shooting.
The jury was secured without much
difficulty and at 1910 the case began.
One juror, just before the jury was
sworn stated that he was opposed to
inflicting capital punishment He was
informed that this would be no bar
to his serving.
Doc Rosenthal was the first wit
ness called. Rosenthal stated that he
had had an alteration with Charles
Odell and that one of the persons in
the room had seized him and attempt
ed to hold him. He had, in attempting
to wrench himself loose struck the
man holding him with the case marker.
AS witness turned he saw James Doss
Of ic rix a To offi0a nd
shoot at Reynolds.
The witness stated that he at once
rushed at Doss, with the intention of
striking him over the head with a case
marker, in the hope of disarming him
and preventing him shooting at any
others. AS Reynolds fell, he shot at
Doss and just as Rosenthal reached
him, he fell Witness then rushed by
into the private office, and then it was
that Evans shot him. The first bullet
entered his hip and the second went
through his coat. Witness was Crap
ping with Evans when the second shot
was fired. Evans threw him off and
then rushed from the room.
On cross-eXamination Rosenthal adj
mitted that while in the lookout's
chair, Evans had his hat and coat off
and that witness saw no revolver on
him at that time. On close questioning
witness stated he might possibly have
been mistaken in the belief that it was
Evans who shot him, but that he did
not think it was at all probable that
he could be.
With the evidence of Rosenthal, the
only direct evidence given against
Evans, the state rested it's case.
Evidence for the Defense.
Evans took the stand on his own be-
half He made a clear statement of
the events leading UP to the shoot
ing and threw considerable light on
the inside history of the trouble be-
tween the gamblers. He denied being
in either gambling room, or in Doss'
private Office when the shooting oc-
Cured, and stated further that he was
not armed on that night.
The party who had held Rosenthal
when the trouble with Odell started
was then called. He testified to rush
ing from the room when the shooting
began, and said he met Evans in the
hall, coming from the lavatory. Wit
ness stated that it would have been
impossible for Evans to have been in
Doss' private Office when the shooting
occurred.
On cross-examination witness admit
ted that a man named Goldstein had
been in the room at the De Soto but
could not state whether or not Evans
had sent for him. Witness did not
see Evans with a pistol on the night
of the shooting, and did not know that
he owned one.
Charles Odell was then called. Odell
stated that he was not In the build
ing when the shooting occurred. Wit
ness did not see Evans in Doss' pri-
vate office, though he had rushed In