The Leader, enterprise and press. (Fitzgerald, Ga.) 1915-1921, 1918-03-22
FOUNTAIN TRIAL
REACHES ARGU-
MENT STAGE

Thursday the courthouse was filed
with spectators to hear the evidence
presented to the jury in the trial OF
Chas. Fountain for murder. The at
torneys for the defense, Attys. John
w. Bennett, of Waycross, and Ouin-
cy and Rice, of Della, being pres
emf, Atty. Quincy having arrived from
Nashville, where he was engaged in
civil case in Berrien county the pre-
vious day. The witnesses for the state
and the defense were called and
sworn, and at the request of states
attorney sequestered, about fifty
witnesses for the defense and fifteen
for the state.
The first witness placed on the
stand by the state was Walter Mad
dox, white man living on the Nor
man Dorminey farm. Maddox told
a straight story as to how he was in
the storeroom when the shooting
took place, and so close to the de-
PENDANT that one of the bullets must
have grazed his hand as he swore that
he noticed slight abrasion apparent
Immediately after the shooting on his
hand and hole in his trousers, ap-
peared to have been made by a bull
let passing through it. Maddox had
not heard any statement made by
Fountain. He heard four shots and
saw Fountain leaning over Baltimore
when the last shot was fired into the
negro. The negro fell between Mad
dox's legs after the second shot The
defense attempted to confuse the wit
ness but failed.
Sam Wilson, negro. bore out
Maddox's evidence, describing in de-
tail the relative position occupied by
Baltimore and Fountain when the
shooting took place He heard Foun-
tain say = throw up your
hands - I'll shoot you"
Winfield Cakes, white man, gave
approximately the same testimony,
but did not hear Fountain or the ne
gro make statement.
After the examination of these
three witnesses the state rested their
case and on request of the defense a
short recess was taken to give the
attorneys opportunity to consult with
their witnesses.
S. P. Troupe of Appling county,
was the first witness for the defense
Mr.. Troupe stated that he knew Gal
limore for about Is or 20 years and
that his reputation was bad.
Wright Tomblin was next called by
the defense, but was not allowed to
testify to the same effect, the state
Directing on the ground that the case
had not reached the stage when the
negro's character could be placed in
evidence.
Hanly Cobb, for the defense, stated
that he heard Baltimore apply filthy
epithet to Fountain just before the
shots were fired.
Steve McInnis entered the place
five minutes after the shooting, saw
an open knife laying by the side of
the dead negro.
At this point Judge D. A. R. Crum
ordered the jury be taken to their
room. The judge ordered a bailiff
be placed at the door of the witness
room and not. to allow attorneys or
other parties to consult with parties
in the rooms.
0. G. Ray was on the stand when
Sheriff Dorminey interrupted the
court by bringing Tom Fuller, well
loaded and in possession of bottle
OF whlskey from the witness room
OF the defense, and presented him to
the court
The jury was again retired, pend
ing the disposition of this unusual
feature, and Fuller was remanded to
Jail.
On examination of Ray, who was
| In the act of entering through the
swinging doors. he swore he heard
the negro apply an oath just before
he heard the shots. Later when he
returned to the place, saw an open
knife beside the dead negro.
Bob Brown, a negro employed by
young henry Fountaln, SWore that
Baltimore cursed Fountain as alleged
by others and put his hands to his
hip before the shooting.
Will Gattling. another negro, also
.swore that he heard the filthy epithet
applied.
Whit Wash swore that Baltimore
was drunk and staggering about the
room sometime before the shooting.
That he stepped on Fountains foot
and that Fountain made some remark,
replied to by an oath and lverson
McCook and J, G. Mitchell gave about
the same testimony. A number OF
witnesses to establish the bad charac
ter of the dead negro were here in
troduced by the defense which was
followed by witnesses by the state.
Chas. Fountain took the stand and
made short statement. saying that