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8 A PURE QUESTION OF FACT. SEABORN HAYES’ FATE TO RE LEFT WITH THE JIKV TO-DAY. Tlie Evidence for State and Accused la All In and the Argument* Will Be Berlin V\ hen fonrt < onvene*. The Inoe Made on a Purr UtiPatlon of Fuct, as to Wlietlter the Idotor mau or His Slayer Fired the First . Shot—Evidence In the Case Inter- j estinft Almost Tbrtmghont-Many Witnesses Were llMimlin'd-Pris oner's Statement in lonj Respect* Remark* hie. The evidence in the case of Seaborn Hayes, charged with the murder of Mo tor man Lucius li. \ arnadoo. was given to the jury on yesterday. There remain only the arguments of counsel and the charge of the court, before the fate of the accused will be committed to the hands of the twelve men iropanelled to determine it. The arguments* will be made and Judge Falligant’s charge delivered this morn ing. Under the evidence, us given to the jury, there can be but one issue for its determination, and that issue, a sim ple one of fact, is clean, clear-cut and distinct. It is whether or not the first shot fired on the night of Ihe homicide came from the revolver of S aborn Hayes, qr that of the unfortunate motortnanj who met death ot his- hands. Upon the jury’s determination of this issue depends the life of the accused. The case was called yesterday at 1:20 o’clock, when the jury in the Buncomb murder case retired for deliberation, and to make up its verdict, liuyes was ar raigned in the stately and solemn fash ion prescribed of the law, answering the questions propounded him by the So licitor general in a voice that was with out a trace of nervousness or a quaver of fear. “To this indictment, how say you, Sea born Hayes?” said the solicitor general. “Are you guilty or not guilty.” “Not guilty,” came the answer of the defendant. "How will you be tried?” “By God and my country.” “And may God send you a speedy de liverance!” Thus began the trial of one of the most interesting murder cases heard for many years in the courts of Chat liam county. The defendant was represented by Mr. Baiford Failigant, by whom he eat while the introduction of evidence went on. The father of the accused, an old negro of Edirvple and respectable appearance, whose munife&t Farrow and humiliation at the plight in which his boy had found him self attracted the sympathy of everybody 5n the court room, sat ji*t to the rear of the accused. Contrary to the general expectation, the selection of the jury did not conaunie any very great length of time. From the first forty-eight Jurors who were called the twelve men were chosen, with three still to spare. Of the forty-five who were put upon the voir dire, the state struck four and the defense twelve. Seventeen, most of whom were opposed to capital punish ment, went off for cause. The jury finally chosen wus an follows: William J. 'Walker, l*awrence E. McCarthy, James B. Floyd, William P. Brunson, Robert G. Krieger, Henry F. Lubs. James M. Owens, Lewis W. Roberts, James L. Mehrtens, John B. Haney, J. Stark Clay and John. O'Gor man. The selection of the Jury was oonsluded just a*t 2 o’clock, the hour of the regular rece-ss for dinner, and the further con sideration of the case was postponed un til 4 in the afternoon. When the afternoon session was begun the solicitor general began the introduc tion of evidence on behalf of the state by placing on he stand Coroner John A. Gootte. Coroner Goette testified to the death of Motorrnan Varnudoe on Sunday, the day following the night he was shot and wounded by the defendant. Ho described the nature and location of the pistol •wounds in the stomach, from which death had resulted. The most important piece of evidence, however, iluit came from the coroner was the dying statement of the motorrnan, which had been made to Mr. Goette on the day of his death. Lc-erribing his aggressors as Jasper Hayes, Varnadoe told the coroner of the previous difficulty with Hayes and the men with him, when the conductor and some of the passengers had put them off the car. He said that when his car reach ed Bandfly station, returning after the trip to the city, Seaborn Hayes had jumped up from the side of the road and demanded that it be stepped Varnadoe said he had told the negro, who held a pistol in his hand all the time, to behave himself, and that it was then that the first .shot* were fired. They had come from the man he believed to be Jasper Hayes, but who sub sequently turned out to be Seaborn Hayes, the defendant on trial. This last fact never became known to Varnadoe. The next witness was Mr. T. J. Davis, who was the leader in putting Hayes and his companions off the car. Mr. Davis 6aid the negroes had been noisy, profane nod generally disagreeable and disgusting 3n their conduct, and that he had advised that they be ejected. Lloyd got off quiet ly enough and Hayes, without any very great amount of resistance. Their at titude ond don due I, however, had been threatening. Mr. Horry Cowan, who resides near the corner of Whitaker and Tenth streets, •where the Isle of Hope cars stop on their return to the city, testified that he had loaned the conductor of the car a re volver, being afraid from the manner in which the negroes who had been ejected had acted, that there would be trouble. He gave his revolver, with an additional round of cartridge*, to Conductor Whaley. Then came the conductor, who gave the first direct evidence of the manner in which the motorrnan received the wounds that resulted in his death. After de tailing the incidents connected with the ejectment of Hayes and his companions from tlw* car. and recounting how he had been furnished with the revolver and cartridges by Mr. Cowan, the witness plunged into an account of the homicide. “When we got to the Thunderbolt cross ing, on the return trip to Isle of Hope.” be said, “the car was waved down by Mr. J. M. Love, who boarded it. He told me tha* I had bettor prepare myself, as there was a crowd of negroes at Sandfly station, who ‘swore forme.’ I Interpreted this to mean that they were going to kill me. I consulted with the motorrnan as to the wisdom of going on, and we de termined that we would proceed on the way to Isle of Hope. “As the oar rolled under the shed I wat> sitting on the; seat lx hind the motor man, the second from the front. 1 saw two negroes on the left aide of the track end was looking at them, expecting them to make trouble. Just as the front end of the car cleared the shed Hayes, the defendant, stepped out into the light, in front and to the right of he car. lie held a pistol in his hmid. Standing where he had stepped into the light, this negro naid: ‘Slop the car. Mr. Varnadoe.* To this the motorrnan replied: ‘Go ahead. I don’t want any trouble with you.” “He had scare got then* words out of bis mouth,” said the witness, “when Hayes fired two shots. I was sitting in the raar of the motorrnan. and Varnadoe turned and taking the pistol I carried in my hand, returned tha fire of the negro on the ground. He fired five shots and the negro *Lo oocitinuad to fire, until, as (Continued on Third Page) GREEKS AT THE R ANGE. First Prise in the First Clh*n YVon by Sergt. J. 31 Doyle. The Irish Jasper Gr?ens spent yester day afternoon on the rifle range. The company was ordered out by Capt. P. F. Gleason for the annual practice, and thir ty-nine enlisted men responded. The three officers of the company were also out, and tiie shooting was considered unusually good. Capt. Gleason expressed satisfac tion with it, and the figure of merit of the command will receive a decid and impetus from the afternoons practice. Th Regimental Armory was left at 4 o’clock in the afternoon, when cars for the range were taken, in the shooting this! ensued the company was divided in to three classes—first, s cond and auxilia ry. Prizes were contested for in each class and the rivalry made the practice very ir.4l rcsiing. In the first class the prize for the best shot was the gold medal <t the company, together with SIO.OO in gold. Private T. G. Philpot had worn this medal for two years, but Sergeant J. M. Doyle wrested it from him, winning by a score of 87 at the 2 0, 3CO and 50) yards range**. P/ivate Philpot was second in the contest, his score being 84 and his prize $5. In the first class were all numbers of the com pany who had ever qualified as marks men or sharpshooters. In the second cla> the first prize was won by Corpl. J. M. Hayes. A silver medal and $7.50 In gold were awarded him. Corpl. Hayes’ score was 25 at the 200 and 300-yards ranges, while that of Corpl. M. J. MacMahon, who was second, was 31. The second prize was $5. Mr. N. P. Corrish won the prize, $5, in the contest that was open to all other than active members of the company. His score at 200 yards was 19. Upon the return to the armory refresh ments were served, but, before they were partaken of the. company witnessed the presentation of the prizes. Corpl. C. V. Hohenstein had been selected for this, and his speech was graceful and well received. He commended the company highly upon the success of the shoot, os did Capt. Gleason. RAYS A NEGRO STRI'CK HER. Strange Story of h l.ittle Sufferer on Tnttnall Street. A strange occurrence was reported to i he Morning News yesterday, which seems to deserve investigation. Tuesday morn ing a little girl whose parents live on Tattnall street was sent to the market by her mother. She returned about an hour later and complained of feeling badly, but did not soy she had been hurt in any way. Tuesday night she was taken very ill, raving aaid out of her head. No attention was paid to her ravings at first, though it was noticed that she spoke continually of being 6truck in the head by a big black man. Yesterday her mind was clearer and she held to her story of being struck by a negro. The affair occurred in the square on Barnard street, south of Broughton, she said, and the negro struck her be cause she got in his way. She iwas near ly stunned and sat down under a tree. A lady came along and offered to help her, but she was unable to tell the lady where she lived. Afterwards she recovered suffi ciently to go home. She did not tell her mother about it. she said, because she did not want to worry her. The father of the child is very anxious to obtain further light on the subject and would be glad to have the lady in ques tion address him at 345 Tattnall street. The little girl says she can identify the negro, if she sees him again. WILL OCCUPY ENTIRE. SITE. Seaboard Will Not Bnlld Freight Depot on Stewart Street. Plans for the new union depot have not been decided upon as yet. It 1 learn ed, however, that the passenger station will cover more ground than was origi nally intended. It was at first proposed to use a portion of the site, on the Stew art street side for a freight depot and warehouse for the Georgia and Alabama and Florida Cetnral and Peninsular rail roads. The present arrangement which the Seaboard has, however, of receiving freight on River street and transferring it across the river, is understood to have proven so satisfactory that the former plan has been abandoned and the entire site at West Broad. Stewart and Roberts streets will be included in the union de pot, thus giving a more commodious and iloubtleae a handsome building. FDR AN INDIVIDUAL MATCH. Mr. Charles Murk* Offer* n Handsome Gold Medal. Mr. Charles Marks has demonstrated his interest in the approaching rifle con test of the state troops by offering a handsome goJd medal to be shot for as an individual prize. Col Geo. T. Cann, inspector general of rifle practice, said yestereday that the medal would doubt less be accepted arid an individual match arranged. Such a matches likely to add consider able local interest to the shoot. There are a number of fine* shots here, who have been longing for something of this sort for some time in order that they might have a fair trial of skill among themselves and under proper auspice*. Such a match as that proposed would give the desired opportunity. NEW TELEPHONE EXCHANGE. Mr. Bl*lee Get* n Fruitehln© to Ilnild tine in Macon. Mr. W. A. Bisbee, president of the Geor gia Telephone Company, is preparing to make another venture of this kind. The new Savannah exchange having proven such a satisfactory enterprise and seeing in Macon a similar opportunity to the one which he took advantage of here, Mr. Bisbee, applied to the City Council and obtained, a few days ago, a franchise to construct and operate a telephone sys tem in that city. Mr. Bisbee is in New’ York, but it is understood that he will make arrange ments to begin work in Macon at an early date. With the completion of the Macon exchange it is probable that a long dls lance line will be built from Savannah to Macon, via Dublin, connecting the two new exchanges of those cities. SOFTIIAIDERS WANT A CLOCK. Are Hotlng to Get One for the Eighth Street School. The citizens of the southwestern part of I the city are circulating a petition for sig natures, asking the City Council to put a clock in the tower to be erected on the Eighth Street Public School House, now in course ot construction. There is not a public clock south of Og lethorpe avenue, except that of the Inde- IKUident Presbyterian Church, though the city extends a mile and three-quarters be yond that point. If the city will contrib ute the clock and bell, the Board of Edu cation will doubtless have the cupola con structed so as to hold them. Tou never read of such cures elsewhtrs at those accomplished by Hood's Sarsa parilla, did yoti? It is America's Orsatsst Medicln*.- ad. THE MORNING NEWS: FRIDAY, AUGUST 17, 1900. FORFEITURE RULE DISCUSSED. MATTER TAKEN I P IIY COTTON EX CHANGE DIRECTORS. Action Deferred I util Next Week When a Larger Attendance of Di rector* In Expected—Liverpool Ha* Made Some Severe Critlclinn on .Savonnull Cotton in tlie Pn*t—Poor liulinu und Pucklnir Cause* Cotton to Arrive at Foreign Ports in Bad Condition—3lr. G. E. Diekinnou Given Reasons Why the Rule Should Re Enforced. That the proper baling of cotton i& a serious question for the Savannah Cot ton Exchange to- grapple with at present is thoroughly realized by all its mem bers. At a meeting of the direJtors yes terday the forfeiture rule, which has been the subject of much talk here and away, was taken up, but owing to the absence of several of the directors whom it was desired to hear on the subject, further consideration was deferred until a day to be fixed next week. Definite action will probably then be taken, either for the repeal of the rule, or for its suspension for a period to be named by the board. Farmers and the trade generally seem to have either lost sight of the importance of proper baling, or lost sight of the repute into which the port was falling by the specimens of holing which, in some cases, found their way to the other side. Should the kind of baling complained of continue, it would, in the language of the street, result in giving the port a “black eye” in the estimation of the for eign trade. Evidence of the effect of the improper baling of cotton on the foreign trnde may be had from the findings of the commit tee of the Liverpool Cotton Association, Limited, which has been investigating along this line for some time past. The committee has either inspected cargoes at* they arrive on the other side, or has had the inspections made for its benefit. Their findings as shown in circulars sent to this country, do not show some of the South Atlantic ports to be at the front, and foremost in the proper baling of cotton. Savannnti among the ports unfavorably criticised. As far back as November, 1897, the Liverpool people were watching the South Atlantic ports, and they have continued to do so through the cotton protective de partment since. Here is one of the cir culars promulgated from Liverpxd to the American cotton trade: “The Trade Supervision Committee beg to remind you that in July, 1895, a resolu tion was passed by the association to pen alize all American cotton not packed in accordance with the rules of the New Or leans Maritime Association, held in February. 1895. In deference to the wishes of the American cotton ex changes, the operation of this resolution was suspended to allow them time to ef feetby their own methods an improvement In the packing and handling of cotton, which they promised would be more ef fective than the course proposed by this association. The committee regret to fiave to report that as far as some of the ports on the Atlantic seaboard are concerned, there has not been the slightest improvement, nor can they learn that any effective steps have been taken to bring about reforms. "They therefore purpose to lay before you, from time to time, reports on the cargoes from these ports, in the hope that the publicity thus given will enable ship pers and importers to discriminate be tween shipowners and charterers who take care of the colton entrusted to them, and those who exercise little or no care In the matter. They also hope that by this means traffic tviil be diverted from the routes whose record is bad into the better- channels. "In order that a fair comparison may be made between different-size*! cargoes, the average of "loose” per 100 bales is given, by which test it would appear that vessels from Charleston, Savannah and Port Royal turn out the worst cargoes.” Referring to the cotton cargoes received from the Atlantic ports the committee had the following to say: "The committee are g a ified to learn that the publicity they have given this question has attracted the attention of shltpers in the. United States, and inquiry ha* been made whether the cargoes from Gulf ports compare favorably with those from 4he Atlantic, and whether shippers would fare better by diverting cotton to New Orleans at equal ra es of freight. The experirnoa of the comml tee Is that cargoes from New Orleans, Galvts'on an I Mobile, and by liners from New York. Boston, Baltimore, etc., are landed n a much better condition, and with much lest lots than those Irom the Atlantic por.s." While the criticisms of the Liverpool committee evidently refer largely to the manner In which cotton Is handled at the ports ond stowed aboard ship, it is also very evident that careless packing and baling, and more particularly irregular sized bales are largely responsible for sub sequent damage and the poor condition in which the cotton reaches the ports on the other side, Mr. Gardner E. Dickinson of the Sa vannah Cotton Exchange, who does a large cotton brokerage business yearly, favored the forfeiture rule when it was adopted, and still favors enforcing it. He believes it the best way to correct an evil which is seriously affecting the port, and thinks it high time that aggressive steps were being taken by the trade to bring the shipments of cotton from this port in the same' good repute they are from the Gulf ports. "It seems that sentiment among the trade favors the repeal or suspension of the rule, and if this is the case I shall not oppose this course," said Mr. Dick inson. "However. I am thoroughly con vinced that the proper thing for the lo cal trade is to take firm measures at once to bring cotton to Savannah In more acceptable packages. This position I be lieve to be to the -best Interests of the cotton farmers. Why Is it that one por tion of a lot of cotton, say In Mississippi, may be shipped to Savannah ond the other portion to New Orleans, and yet the portion shipped to New Orleans will sell for % cent more than that shipped to Savannah? It is for the simple rea son that those ports have established the reputation abroad of shipping none but tirst class packages, for which the con sumer is willing to pay more. There is nothing wrong in speaking the plain truth, and the truth is that the cotton from all South Atlantic ports la placed at a discount because it is not carefully pocked. With a proper knowledge of what will bring him a better price for his product I believe the farmer will do the rest. "As an Illustration of what is holding up the desired change in gin boxes in this sect on." said Mr. DLkinson, "I re call a conversation 1 had with a farmer recently. He asked me if the forfeiture ride adoptel by the Savannah Cotton Ex change was to be enforced, or whether it was simply a dead letter. I tc!d him It was to he enforced. He arid he c >uld change his gin box for $1 or $5, but did not care 10 trouble himself If the rule was not to be enforced My advice was to make the change as the cost was nomi nal compared with the gain. This goes to show the small considerations which are in some Instances holding up this most deslrid improvement. "This talk about providing a premium for totton properly picked seems ini pracllcal to me,” contPued Mr. Dickin son. "Who intends to pay a premium? Will it come out of the fretgth? Few will be inclined to pay premiums when they can buy cotton elsewhere without paying them. Buyers have a right to expect that cotton be pock'd properly. The farmers in other sections do so, and there is no reason why it should not be done here, so that the advant*g's may be enjoyed with tte porta that observe these rules. "My belief is that the present rule is the direct method of bringing about this reform,” he said. “When the forfeiture is charged against the cotton, and the charge goes through its various channels until it gets back to the countryman, results will be forthcoming. The coun try buyer who handled that cotton ond paid tho penalty, will say to the farmer next year, that he must put his cotton up in the right sort of package, right size and good packing, or it will not be taken at market prices. It will be an easy matter to bring about a change with this rule in effect. It strikes me just at this time that Savannah could afford to lose cotton packed in a way to do the port far more harm than good. As for the rule, however, which provides only for the 24 by 54-inch bale, it might be expedient to suspend it, but certainly not longer than the season about to open.” CAPT. JANIES OF ADRIAN. Who Farina by Wholesale and Make* Slioney in Cotton nml Cane. Capt. T. J. James of Adrian, one of the largest planters of Middle Georgia, if not of the state, was in the city yesterday. He says that the outlook for the farmers is very good indeed, and that they are looking forward to a most prosperous sea son. The cotton crop, in particular, he said, is very good. He himself planted this year no less than 2,000 acres of the staple, nnd expects to market between 800 and 1.000 bales. This crop, as well as tho3e of his neighbors, will be ginned at his gin in Adrian. Another crop that has been planted heavily, and one that is becoming yearly more popular with the farmers, is cane. • ’apt. James has increased his acreage of this crop each year for several years past, having at the present time a crop o£ 150 acres. This he will convert almost en tirely into syrup making, only enotlgh crude sugar to supply the local trade of his neighborhood. Georgia syrup, he says, is steadily increasing in favor the whole country' over, and he finds a ready market for all that he makes at the whole sale prices of 30 cents a gallon. At this price, he says, it is more profit able, as well as more marketable, than sugar and more profitable than cotton even at 10 cents a pound. The average yield of syrup from an acre of cane is, he says, about 264 gallons. The cane is at present in hardly what could be called first-class condition, owing to the long drought that has marked this month, but it is by no means damaged and a wet September will bring the cfop up to the average. He will begin grinding about the middle of November. Another crop that Capt. James plants largely is rice, which he says is quite a profitable ore and is meeting with con si leratle fa\or with -he farmers. Besides farming, Capt. James has large lumber in eresis. But the bottom dropped out of tne lumber market seme time ago, he says, and while there has recently been some improvement in the number of orders received, the prices are deci dedly' lower than those that obtained at the ame time last ytar. In connection with his cotton gin, Capt. James will next year build a cotton oil null with a capacity of twenty tons of seed a day. This mill, with the seed from his own crop and that he will buy fiom the surrounding planters, he experts to keep running at its full capacity nine months of the first year. THE LOT IS TOO SMALL. Real Estate Agent Runs Afonl of a IliilldtuK Ordinance. A meeting of Council was called yes terday afternoon by Acting Mayor Dixon, at the request of Mr. W. C. Fripp, to consider a petition of the latter. Owing to lack of a quorum nothing was done. Mr. Fripp ie acting as agent for Mrs. A. A. Allen in the construction of three frame houses at Abercorn and Hunting don streets. He made the usual applica tion for a building permit and supposed that it hod been granted, but it seems ihat the permit had not passed through the proper channels and had not been approved by the Mayor. Under the supposition that permission had been given Mr. Fripp proceeded with the work, but was stopped by the superin tendent of the fire department, under a section of the city code which provides that, within a specified district, only one wooden dwelling can be erected to a single lot and that no wooden dwelling can be erected on a lot less than forty three feet, nine inches front. As Mr. Fripp is undertaking to erect three wooden buildings on a single lot he is clearly in violation of this section of the code. As the foundations had al ready been laid and the contracts given for lumber and other materials Mr. Fripp thought Council might make a special enactment to cover the case after the cir cumstances had been explained. This could not be done yesterday after noon, however, for the simple reason that a quorum of Council could not be ob tained. There are only six aldermen In the city nnd as two of these are physi cians it is rather difficult to get a quo rum at present. STOLEN MONEY RECOVERED. rollcentan M. Davis Discovered Hid ing Place of tlie Spoil. By short and quick work, aided by good fortune. Patrolman M. Davis yesterday recovered S4O that had been stolen from a lady living at No. 110 State street, east. It was shortly after 2 o'clock in the morning when the loss was reported at the barracks, and, none of the detectives being available at that hour, Davis was sent to look into the matter. The money, so the owner said, had been taken from a pocket book in her room, the poeketbook being left and nothing else disturbed, nor any trace left by which the thief might be identified or even suspect ed. The officer suspected the servant and going to her room woke her up and told her to dress os he intended taking her to the barracks. Tartly asleep, ond thoroughly confused by the unexpected visit nnd command, she tvas less careful than she otherwise might have been, and in dressing allow ed the money to fall from her person, where it had been concealed, to the floor, where it was picked up by the officer. The money was returned to Its owner, and the woman released, as her employer refused fo prefer charges against her. THEY YVILL FIGHT TO-NIGHT. Corcoran and Penrce Will Re on for Titcuiy-flre Hounds. The Corcoran-Pearce fight will be pulled off to-night at the theater. All the ar rangements for the bout have been per • fected, and it is expected that the finest exhibition of the fistic art ever seen in Savannah will take place. Both men are In fit condition, from all reports, and they will give the house its money's worth. Interest In the fight has been great, and It Is believed there will be a big house. The prices of scale are a little above what has been charged for prize fights in the past, but it is thought there will be a dif ference between this fight and others that will wariant the advance. A lot of money Is up. and that, too, will mean greater in terest. The Morning News received last night from Paddy Mills of Louisville, a telo gram saying that he was willing to bet fdO or $1,060 that Peirce will defeat Corco ran. BUNCOMB GOES UP FOR LIFE. VERDICT OF Gl ILTY WAS ACCOM PANIED IIV A RECOMMENDATION. Murderer of Hl* Brother Tried in the Superior Court, Lei* Than a Week After the Comiiil**lon of th* Crime. Rut Four WltiieHe* Examined. These Made Out a Clear Case of - Murder—Defendant Stated He Wn* So Drunk on the Nit;ht of the Hom icide He Did Not Remember the Occurrence—Till* Contention I'rgeu Before the Jury With Good Effect. Convicted by the verdict of the jury that tried him of fratricide, yet recommended in the same verdict to the mercy of the court. James Buncomb was sentenced by Judge Falligant yesterday to confinement and hard labor in the penitentiary, for the term of his natural life. The case, in which there were but four witnesses to be placed on the stand, was taken up before that of Seaborn Hayes, charged with the murder of Moiorman Lucius B. Varnadoe. The evidence show ed, in brief, that on last Saturday night Buncomb, filled with mean whisky, be came abusive and quarrelsome, that he first beat the niece whom he had vir tually adopted and supported as his daughter, and, when remonstrated with by his brother, Jeff Buncomb, drew a knife and stabbed the brother to death. Solicitor General W. W. Osborne con ducted the case for the state, while Messrs. Richard M. Charlton and Cosmo R. Hardee represented the interests of the defendant. In but little more than three hours the jury had been selected, all the witnesses examined, the arguments made and the charge of the court delivered. In a half hour more the jury had reached its verdict and the defendant had been sen tenced to expiate his crime by a life term in the penitentiary. The first witness was Coroner John A. Goette. Mr. Goette testified to the nati’.rs of the wound which produced the death of Jeff Buncomb. He had found the body of the dead man in the house on Lumber street, in which the homicide had been committed, and described to th© jury the situation and furniture of the room. The wife of the dead man, Emma Bun comb, was next placed on the stand. The witness was not in the room in which the homicide‘was committed, but through the thin partition that separated her from the other members of the family she could hear all of the conversation and the noise of the other incidents that immediately preceded the killing. James Buncomb had come home in a state of partial intoxica tion and had been rough and abusive in his conversation. She had heard the out cries of the girl. Martha Brown, when her unrle was beating her, and had heard her husband remonstrate with his brother for this piece of unnecessary butality. Then she heard her husband say, “You’ve got a knife,” and immediately afterwards, “My God, you’ve cut me.” When she entered the room she found her husband weltering in hits blood. Jacob Buncomb, the son, and Martha Brown, the niece of the dead man. were eye-witnesses of the homicide. Their evidence was practically identical, show ing that the quarrel had begun over the beating of the latter by James Buncomb, Jeff Buncomb taking the girl’s part. The fratricide caught his brother by the throat and drawing his knife plunged it into the latter’s breast. The man who was killed had made no effort whatever to use any weapon that would justify the other in believing that his life or limb was in danger. From the evidence ad duced the state made out a clear case of murder. When placed on the stand to make a statement in his own behalf, the defend ant had only a few words to say. He told the jury he had been drinking heavi ly on the night of -the homicide and that the incidents of that unfortunate time had passed from his memory. He neither remembered having a quarrel with his brother or having stabbed him; he knew nothing whatever about the homicide un til after he had recovered from the ef fects of his debauch. The prisoner said that he and Jeff had always been on the best of terms and were very fond of each other. He would have shared anything he had with his brother and to harm him was the last thing that would have entered his mind, when he was in his right senses. Messrs. Hardee and Charlton both spoke for the defendant and the solicitor general for the state. The plea of the defend ant's counsel for Hie consideration of the jury was based on the contention that the drunken condition in which he was on the night of the homicide negatived any pre sumption of malice that might otherwise be implied from the facts and circum stances of the killing. As the event prov ed this plan of defense was a wise one and doubtless served to save the neck of the defendant. When the jury returned, at 2 o'clock, with its verdict, and the verdict was read. Judge Falligant directed the prisoner to stand up. "Y’ou may congratulate yourself.” said the court, "on the tender consideration of the Jury in this case. The circumstances of the killing show, to my mind, that you acted under the dictates of unbridled pas sion and causelessly took the life of your brother. Under the circumstances, how ever, I must yield to the recommendation of the Jury.” With these preliminary remarks, Judge Falligant passed sentence in the usual form of law, directing the removal of the defendant Cos the penitentiary and his con finement there, or at such other place as the Governor of the state may direct, for the term of his natural life. The prisoner and his counsel are doubtless very well satisfied with the verdict and sentence and an application for anew trial is improba ble. , GETS THE CITY' REFUSE. County to Pay S2OO a Y ear for Street Sweeping*. The County Commissioners will get some of the city’s refuse for the county farm, even if they do not make a deal to get all of the city garbage. The director of public works has closed a contract with the Commissioners by which the county is to get the manure from the city stables and all the street sweepings, which are also to be deposited at the stables, for the sum of S2OO per annum. This is about what the truck farmers have been pav ing the city for the same material. The county will send its wagons to the city stables for the material. Eighth Annual Mountain Excursion to North nnd Mouth Carolina Point*. The Seaboard Air Line Railway will sell cheap excursion tickets to the moun tain resorts in North and South Carolina Aug. 22. good to return until Sept. 3. For full particulars apply at city ticket office, corner Bull and Bryan streets, or ’phone 28.—ad. At Estlll's New* Depot, No. 45 Bnll Street, Savannah Morning News, New York, Boston, Philadelphia, Baltimore, Charles ton (S. C.), Jacksonville (Fla.), Cincinnati, New Orleans, Washington (D. C.), Chica go. Augusta (Ga.), Atlanta, Macon (Ga ), and other prominent dallies; also the va rious monthlies and weeklies, new books and everything else usually found in flrst-clses news depots.—ad. Moantalu Excursion via Plant Sys tem. For trains leaving Savannah Aug. 22, the Plant System will sell round trip tickets to Lookout mountain, Tenn., $11:60; Monteagle, Tenn., $12.50; Sewanee, Tenn., $12.40. All tickets llmitea to return to Sept. 3. This line offers double daily ser vice to the above points and schedules are shorter and more c:nveni*nt than any other line. If you are thinking of mak'ng this nip, cal at city ti:ket of fice, De Soto Hotel, phcne3 73.—ad. Annual 31ount**n Excurnion via Southern Railway. Very low rates to principal North Car olina res rts. Special train, luxurious day coaches will leave Plant System station 7:00 a m. railroad lime, Aug. 22nd. tick ets limited 9 pt. 3rd, gcoi returning cn regular trains. Ja?. Fietman. il’.y pas s' nger and ti ket agent, 141 Bull street. Phone 850.—ad. A Fever-Stricken Camp. Everett City, Ga., July 21, ISOO.—I am a strong believer in and advocate oY the use cf Johnson’s Chill and Fever Tonic. I know what it will do. I have tried it in Cuba and the low lands of Mexico. I have been a soldier in my time and have found the Tonic invaluable in cases of camp fever. Only those who have been in the tropics as soldiers can comprehend the horrors of a fever-stricken camp, miles and miles away frem its base of supplies. It was in such places that Johnson’s Tonic came in. You did not need any Calomel or quinine or any other drug. Stick to the Tonic and you will be able to eat embalmed beef again. Yours very truly. Chas. F. Roden. —^ Annual Mountain Excursion via Southern Railway. Very low rates 1o principal North Car ol na resorts. Spcc'al train, luxurious day coaches will leave Plant System station 7:fo a. m. railroad tlm*. Aug 2£nd. tick ets limited S*pt. 3rd. good returning cn regular trains. Ja*. Freeman, (ity pas senger and ti ktt agent, 141 Bull street. Phone 850 —ad. The summer is passing, have you taken in the Plant System Sunday excursions to Charleston? One dollar for the round trip, —ad. “My Wife Take* It.” "Graybeard is a. fnmily medicine with us," said a prominent business man yes terday. "My wife takes it, and I notice she is enjoying better health than for years. The children keep well by taking it.” Graybeard may be obtained at all drug stores or write to us for it. Respess Drug Cos., sole props., Savannah, Ga.—ad. Chair cars on Plant System excursions to Charleston every Sunday; engage your seats on Saturdays at the De Soto Hotel ticket office.—ad. To Brunswick nnd Rftnrn SI.OO via tlie Plant System, Sunday. In addition to the Charleston Sunday excursions, the Plant System are selling round-trip tickets to Brunswick, good on Sundays only, at rate of SI.OO for the round trip. Trains leave at 2:10 a. m. and 5:20 a. m.—ad. The Plant System excursion train to Charleston leaves Savannah at 6:20 a. m. Sundays; tickets are sold at one dollar for the round trip.—ad. “It Cured Me.” “Graybeard broke up rheumatism on me,” says Mr. Chas. Thomas, the Jew eler on 'Whitaker street. "And put me in better health than I have enjoyed in a long time.” Take Graybeard Pills for that dizzy feeling—Lost appetite, and follow it up with a bottle of Graybeard. It is all you need. Respess Drug Cos., sole props.. Savannah, Ga.—ad. A Dellctou* Smoke, The Herbert Spencer is an elegant cigar and is truly a delightful enjoyment to Inhale the fumes of this fine tobacco; it is evhilarating and delicious. See that the name of Herbert Spencer is on every wrapper of every cigar, with out which none are genuine. The Herbert Spencer cigars are only sold by the box of 50. Conchas at $3.50, and Perfecloe. $4.90 at Lippman Bros., whole sale druggists, Barnard and Congress streets, of this city.—ad. Cider. We have a nice line of cider in bottles, pure and genuine, from the celebrated establishment of Mott & Cos., of New York. The Russet Cider and the Crab Apple Cider are very good. Lippman Bros., cor ner Congress and Barnard streets, Sa vannah, Ga—ad. Annual Mountain Excnrnfon via Sontliern Hallway. Very low ratrs to principal North Car olina resorts. Special train, luxurious day coaches will leave Plant System station 7:CO a. m. railroad time, Aug. 22nd, tick ets limited Sept. 3rd, good returning on regular trains. Jas. Freeman, city pas senger and ticket agent, 141 Bull s'reet. Phone 850 —ad. Sunday Trip* to Brunswick via Plant System, sl. The Plant System wili sell round-trip tickets to Brunswick on Sundays, limited to date of sale, at rate of SI.OO. Trains leave at 2:10 a. m. and 5:20 a. m.—ad. Rhine and Moselle Wines. The fine French wines in bottles are im ported direct from the well known house of Everest, Dupont & Cos., Bordeaux, France, by Lippman Bros, of this city! Lippman Bros, desire to call attention to the St. Julien brand of claret wine, which Is very rtne, but quite low-priced. Ineir Chauteau Leoville is known as one of the finest claret wines Imported to the United States. Lippman Bros.’ importations of Rhine wines are certainly worth the attention of connoisseurs. They are from the cele brated wine grower Martin Deutz of Fronkfort-on-the-Main, Germany. His Bodenheim Rhine wine is very nice and delicious, but low price. His Marcobrunner Cabinet, from select ed grapes, is well worth the attention of the finest Judge* of Rhine wine in the city. His Yohannlsburger Cabinet is very deli: cate and rare, and is perfection of wloe and the finest of all.—ad. A Doctor'* Advice Free, About Tetterine, Dr. M. L. Fielder of Ec. i iectic P. 0., Elmore county, Alabama, says: ”1 know It to be a radical cure for tetter,salt rneum, eczema and all kindred diseases of tlie skin and sculp. I never prescribe anj thing else in *ll skin trou i hies." Send 50c In stamps for a box of If I postpaid, to the manufacturer, J. T. Shup trine, Savannah, Ga., if your druggist doesn't keep it —ad For Over nfty Years. Mrs. Winslow's Soothing Syrup has been used for children teething. It soothes the child, softens the gums, allays all pain cures wind colic, and Is the best remedy for D.arrhota. Twenty-five cents e bottle, —ad. A High-Grade Institution for Ladles.— Shorter College. Rome., Ge. Write for catalogue.—ad. Consider The saving you’ll make if you make your stove or range purchases now. We are offering inducingly Low Prices because we can do the work at a much less cost while we have plenty of time. We have Richardson & Boynton’s “PERFECT” RANGE, the ROYAL MAGIC RANGE, and the OTHELLO. No better line anywhere. No lower prices any where. Come see us. WM.&H.H. LATTIMORE, West Congress Street. 8., 1.81. Of HOPt HYmC. BS. R’Y. scHuuti.ii; For Isle of Hope, Montgomery, Thunder bolt, Cattle Park and West End. Dally except Sundays. Subject to change without notice. ISLE OFHOPE: Lv. City for I. ot H.| Lv. Isle of Hope. 630 am from Tenth | ti 00 am for Bolton 730 am from Tenth j 600 am for Tenth 830 am from Tenth i 700 am for Tenth 9 15 am from Bolton j 8 00 am for Tenth 10 30 am from Tenth |lO 00 am for Tenth 12 00 n'n from Tenth jll Ou am for Bolton 1 15 pm from Bolton |ll 30 am for Tenth 230 pm from Tenth j 2 00 pm for Tenth 330 pm from Tenth 240 pm for Bolton 430 pm from Tenth 300 pm for Tenth 530 pm from Tenth 400 pm for Tenth 6 30 pm from Tenth 6 CO pm for Tenth 730 pm from Tenth | 700 pm for Tenth 830 pm from Tenth | 800 pm for Tenth 930 pm from Tenth j 9CO pm for Tenth 10 30 pm from Tenth (10 00 pm for Tenth MONTGOMERY. Lv city for Mong'ry. | Lv. Montgomery^ 830 am from Tenth | 715 am for Tenth -230 pm from Tenth | 1 15 pm for Tenth 630 pm from Tenth j6OO pm for Tenth CATTLE PARK. Lv city for Cat.Park' Lv. Cat 'ie ParkT ' 6 30 am from Bolton | 7 00 am for Bolton 7 30 am from Bolton j 8 00 am for Bolton 1 00 pm from Bolton ( 1 30 pm for Bolton 2 30 pm from Bolton j 3 00 pm for Bolton 7 00 pm from Bolton j 7 30 pm for Bolton 8 00 pm from Bolton I 8 30 pm for Bolton THUNDERBOLT. Car leaves Bolton street Junction 5:30 a. m. and every thirty minutes thereafter until 11:30 p. m. Car leaves Thunderbolt at 8:00 a. m. and every thirty minutee thereafter until 12:00 midnight, for Bolton street Junc tion. FREIGHT AND PARCEL CAR. This car carries trailer for passenger* on all trips and leaves west side of city market for Isle of Hope, Thunderbolt and all intermediate points at 9:00 a. m., 1:00 p. m.. 5:00 p. m. Leaves Isle of Hope for Thunderbolt, City Market and all intermediate points at 6:00 a. m., 11:00 a. m., 2:40 p. m. WEST END CAR. Car leaves west side of city market for West End 6:00 a. m. and every 40 minutes thereafter during the day until 11:30 p. m. Leaves West End at 6:20 a. m. and ev ery 40 minutes thereafter during the day until 12:00 o’clock midnight. H. M. LOFTON. Gen. Mgr. Fruit Jars Cheaper Than Ever —at the— Right Place to Buy. Fruit is plenty and the best makes of fruit jars are very cheap here. We have a beautiful line of Brass Vases and Onyx Tables. Q. W. ALLEN & CO., STATE AND BERNARD STS. JUST RECEIVED A CAR LOAD OF GARDEN TILE. HD mill's SB 113 Ilrongton Street, Writ. SEED RYE. TEX AS RED R. P. SEED OATS. HAT, GRAIN, FEED, FLOUR, BTC. LEMONS. Vegetable* and Produce. New Crop B. E. and Cow l*ea. W. D. SIMKINB & CO.