The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-21
THOUGHT IT Was SMALL.
Officer Mcguire Decided Not Guilty Of
an Unlawful Killing.

A Superior Court Jury Finds That he
Was justified Under the Circum-
stances in Shooting Eddie Harris.
Harris Taken for Small by Several Of
the Witnesses and Some of Them Still
Believe It Was Small Who Was Shot
by the Polioeman-Harris Was a Bad
Character and an ex-Convict.
Policeman James Mcguire. charged with
the voluntary manslaugh;er Of Eddie
Harris. whom he shot last March, under
the impression that he was shooting Abe
Small. the murderer OF Policeman Neve,
was found not guilty OF the charge after
an all day trial in the superior court yes
terday.
Dan. Kiley's trial. on a charge Of muir
dering Robert Finley, was also set for
yesterday, but this was postponed and
Policeman Maguire's case was taken up.
The jury was made up as follows: George
+. King. John f. Lubs Aubin b. Collins.
William y. Farr, Jr.. Noah NJ. Timer,
Robert p. Waters, Walter b. Fulton,
Charles y. Mccall, A. b. Moore. J. " Nc
Donough. Adam Heller and Robert c. Zlt-
trouer. The state exhausted its number,
striking ten of those jurors offered and
the defendant struck seventeen.
Policeman Mcguire was defended by
Mr.. 5. b. Adams, and Mr. William Pease
aided the solicitor general in the prosecu-
ton. The general testimony was to the
effect that on March 80 of this year Eddie
Harris was shot by Policeman Mcguire.
about six miles from the city. out on the
Montgomery road. the officer being under
the impression that he was dealing with
the notorious criminal, Abe Small. Harris
who was killed, it seems, had been in sew
eral ugly scrapes, he being an eX-convict,
both from the penitentiary and from the
county chain-gang.
According to a number Of witnesses, he
bore striking resemblance to Abe Small,
ana there were some who believe even now
that IL was Abe Small who was killed by
the shot from Policeman Maguire's gun.
Among those who testified on this line
were a man named Craig and his wife,
who keep a store out in that neighborhood.
IL was Craig who brought in word to the
city authorities that there was a man out
in that neighborhood who was acting sus-
piclously Mrs. Craig stated that he had
been to her place several times with a
rifle, that he was acting very suspiciously
and that he bore striking resemblance to
Abe Small.
a photograph of Abe Small was intro
duced as evidence and several of the wit
nesses, who had seen the negro, stated
that Harris was strongly like him in many
of his features and that one might easily
be taken for the other. The Craigs had seen
Small's photograph several times and said
that Harris looked exactly like it. When
word was brought in Mounted Officer
Mcguire was sent out TO make an invest-
cation and arrest Small if he could catch
him. The secret of Harris suspicious ac-
tons was that he was wanted for shooting
a man on Whitmarsh Island.
When Oficer Mcguire came upon him he
was satisfied, from the mans appearance,
that he was Small, and he leveled his rifle
on him, telling him at the same time to
throw up his hands. Instead of doing as
he was told Harris pulled his pistol and
him. Officer Mcguire had no doubt that
il was Small with whom he was dealing,
knowing him to be a dangerous man, and
mindful of how he got the drop on Police
man Neve, and he thought the negro was
going to get behind a tree and fire. 1t
was then that he shot him and he shot to
kill
Sarah Thompson, who had lived with
Harris was the only witness directly of
the shooting, and she was the principal
witness for the state She stated that
she was talking to Harris when Officer
Mcguire came up and shot him from the
bushes without any warning. She admit
ted that Harris had pistol but said he
did not draw it or attempt to use it.
Officer Mcguire made plain statement
to believe that he was dealing with Abe
Small and that he was firmly convinced
that this was the case when he saw the
negro before him. He stated that the
tree. Supposing the man was going to
fire at him he leveled his rifle and shot
him. officer Mcguire was fully vindica-
ted by the coroner's jury which investiga-
ted the case, but some of Harris friends
had the matter brought before the
grand jury and the officer was indicted
for voluntary manslaughter.
The state tried to make out a case OF
involuntary manslaughter in the commits
sion of a lawful act without due eau
ton and circumspection, which is a mis-
demeanor. Mr.. Adams held, how
ever, that the killing was
not involuntary manslaughter at
all. as Mcguire had fired with the inten-
ton of killing when he saw leVeled at
him what he supposed to be Abe Smalls'
pistol The concluding argument for the
state was made by Mr.. William Pease,
who stated that he believed the defendant
was convinced that he was dealing with
Abe Smalls, and that Mcguire had acted
conscientiOusly in what he did, but he
held that he had acted without due eau
ton and care in attempting to make the
arrest The jury was out only a few
minutes, when it returned with a verdict
of not guilty, which was expected by
those who heard the evidence in the case.
Policeman Mcguire is looked on as one
of the best officers on the force, and he
Is always spoken of by his associates as
a brave, fearless, and conscientious officer.
His acquittal is proper Vindication, and
there are none who will regret that this
was the result of his trial.