Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28
B, B. LOWMAN IS
FOUND NOT GUILTY
q, 1owman Guilty of Murder in
The First Degree.
,ur RECOMMENDED TO MERCY

,,,.d.r Of Dunlap Phinney in Levy
County in June, 1907
,,5ca Wills called court to order
promptly at s o'clock yesterday morn
-. when the jury in the Lowman
$3.50. was called, and the third day of
,,s trial of this celebrated case was
begun
q O. smith of Raleigh was sworn
,,r the defense. On the night after
tho killing he met Lawrence Gibson
in hi, store and asked him to tell him
Smith, how it happened, as he want
81 =, know something about it. Glib
,on replied that he really knew little
,h,pt the affair, that he and b. b.
Iovmgn we're in the Office when the
cheating began and he did not know
h,w he got out without being hit;
that Gibson showed him where a bull
l,r went through the railing enClos-
ing the Office and also where another
bu,let struck a 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.. l.Owman was sworn and cor
roborated the testimony Of the above
witness. they giving almost the same
testimony word for word. The wit.
pes, also stated that on the day of the
inquest he heard Pink Gibson say he
had had it in for George Lowman a long
time and though Cap. Phinney did
not get him" he pink now had |
him where he wanted him." Col, Riv-
ers failed to shake the testimony OF
this witness on cross-examination.
During the cross-eXamination Judge |
Carter inquired of the stenographer
II she was getting down everything
that was said, including the "ah!
ha 80 Of the State Attorney. She re-
piled IN the affirmative, whereupon
Col Rivers remarked that he desired
sane TO appear in the record.
Dr., DePass on Stand.
ur VI H. DePass of Archer, who
attended y. b. Lowman, testified as
10 IN" wound inflicted and the
Srohaoi" position Of the two men
When I""man received the bullet in
DIS arm Judging from the course
ne bullet took he would say
.h'E were in the same posi-
'oo though it was possible for
bullet 10 defect in any direction
.Ia'r certain conditions, but not prob
'''~ 80 this instance. Here II was
'''''d between counsel to examine
}" "'Ia-N along an entirely differ.
ny .." and the witness was asked
''' y 40 a day previous to the kill.
Ok . p Lowman had been with him
.. automobile. DR.. DePass ;
.t'.hr Ia the affirmative. Judge
'.'' asked what conversation oc.
.... '''7p'u them on that oC.
'1l Rivers promptly inter.
. election on behalf Of the
was agreed TO send the jury
That defense may show %
' they expected 10 prove {
i..- answer. The Jury hav. ,
Judge Carter stated that
% prove By the witness (
L"Wman expressed no on.
'4ru"y and stated 10 Wit
.. certainly would not both.
Phlnney molested him. ,
read various authorities ,
" 1dmissability of the cvi. ,
'''"I'''d ihat uNdeF the
sC1 evidence was no, ad.
' that the present case
Pr" general exception. At
ION o. Judge Carriers ar
Wills ordered the jury
INTO the court room and
.- objection ~ the state
.. exception Tor the de-
.o.ored Of Archer vas 2
."nlucied restaurant AZ
-.nowbored the time he
., -au had the "spat- he i
H'nrg" LoWman mention q
.~Fs name OF say aay- D
=