Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28
3, B. l0WMAN is
) FOUND NOT GUILTY
Geo. Lowman Guilty of Murder in
The First Degree,
BUT RECOMMENDED TO MERCY

MuToeT OF dunlap Fhlnney IN Levy
County in June, 1907.
Judge Wills called court to order
promptly at o'clock yesterday morn
ing, when the jury in the Lowman
case was called, and the third day of
the trial Of this celebrated case was
begun.
o. o. Smith Of Raleigh was sworn
for the defense. On the night after
the killing he met Lawrence Gibson
= In his store and asked him to tell him
(Smith) how it happened as he want
ed to know something about 1t. Glib
son replied that he really knew little
about the affair, that he and Is. b.
LoWman were In the Office when the
shooting began and he did not know
how he got out without being hit;
that Gibson showed him where bull
let went through the railing enclos-
ing the office and also where another
bullet struck trunk. On crOss-eX-
animation he said Gibson told him
these shots were fired by Phinney, as
he was the only one shooting In that
direction.
. A. l.. Lowman was sworn and cor
iroborated the testimony of the above
witness, they giving almost the same
testimony word for word. The wit
ness also stated that on the day Of the
inquest he heard Pink Gibson say he
had had 1t in for George Lowman long
time, and though Cap, Phinncy did
not get him" he Pmk) now had
him where he wanted him" Col Riv-
ers failed to shake" the testimony of
this witness on Cross-eXaminatiOn,
During the cross-examinatlon Judge
Carter inquired Of the stcnographcr
II she was getting down everything
that was said, Including the "ah,
hall" OF the state Attorney. She re-.
piled in the affirmative, whcroupon
Col Rivers remarked that he desired
same tohprear in the record
Dr. DePass on Stand.
DR. NJ, II. Dcpass of Archer, who
attended Il. H. LoWmau, testified rs
to the wound inflicted and the
probable position OF the two men
when Lowman received the bullet IN
I,,I a.
the bullet took he would say
they were In the same posi-
ton though 1t was possible rol
a bullet to DETECT in amy direction
under certain conditions. hut not prob
able In this instance Here it VA.
agreed between counsel To cNamiu,
DIR. DePass along an entirely differ
ent line, and the witness was askc,
that II on II day previous To- the Mil
ing Il. B. Lowman had been with him
In his automobile, nr. ncpa~
answering In the Affirmative, ludg,
Carter asked what conversation q,
Cured between them Oh that q,
Casiou Col Rivers promptly ntvl
posed am objection on behalf Of th
state IL Was aGrccd to send the jur
out, 50 tina, defense may show L
court what they expected to prov
by DR. Dcra.s answer The jury haN
ing retired Jud.u Carter stated tina
he expected 10 PROVO ly the witncS
that II. h. LoVm1u oppressed No 81
nifty for Phuncl ANA stated e. vii
ness that he certainly WuuN not both
er him unless phuuvl wol..ted hin
Judge Carter read Nariuu- antNoutic
20 show the admissahilitv of IN, cv
dence lie admitted that under IN
general rule such evidence WA uut q,
missable, but that the pr,s''' cas-
came under I'VE general exception \
the conclusion OF Judge Carriers "a
gument Judge Wills ordered tho lar
brought back into the court room au
sustained the objection OF the stat
and noted an exception for the d
Tense.
Goo. Ions. oolOred. OF Archer, va