The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-07-28
SMALL AS A DESPERATE.
SOME THINK HIM NOT so DEsPER-
ATE As MADE OUT.

Others Say He Il Bad Man and
should BE Done Away With-He
VIII BE Given Counsel Tomorrow
and His Case Assigned for Trial.
Could Not Plead Guilty md Get n
Life Sentence without the Con-
sent of the Court and the Solicitor
GeneraI-SmnIrs First Day in Chat
ham County Jail.
The capture OF Abe Small and his i'm
prisonment in Chatham county jail was the
general topic of discussion on the street
yesterday. and all sorts OF opinions upon
the case were ventured. In fact, there are
few. II any. people in the city who have
not expressed some opinion with regard
% the case from what they have heard.
This it would appear is rather a serious
situation, as there will be the necessity OF
picking a jury from among the citizens
Of the county before which to try him. IF
any one will listen to the street talk, how
ever. it will be seen at once, that the mat
ter of selecting an impartial jury is not
going to be an easy one.
It is a fact, too. that public opinion is
two-slded. In spite of all that has been
said Of Small and his desperate character,
there are many who incline to the belief
that he is not as desperate as has been
stated. In fact. Small did not talk like a
desperate when asked about the shooting.
He was neither pert. impudent nor sullen,
but talked very freely and clearly about
the affair, and there are many who seem
Inclined to give more credit to his state
ment than was at first believed would be
the case.
on the other hand there is considerable
feeling against the prisoner in other
quarters. Some Of the negroes even have
been heard to say that he was a bad
man and ought to be put out OF the way.
There are a great many who have taken
this view of the case, and who have ex-
pressed the opinion that the man ought
to be hung 1t is rather strange, but
nevertheless true, that where the whole
community a few weeks ago, would prob
ably have rejoiced over Smalls hanging,
as being the means of Kidding it OF des-
perado who had no regard for human
life, there are many now who think he
should be punished by penitentiary SEN
tence. That will depend, however, on
what sort of a showing he makes when
his case is called for trial.
There has been some talk about Smalls
pleading guilty, with the hope that he
can get off with a life sentence There
is little in this. No man can plead guilty
to the crime of murder under the laws
of Georgia, but 1t is possible for person
to plead guilty to murder as with a rec
ommendation to the mercy of the court,
in which case a life sentence would be
pronounced. This, however can only be
done with the consent of the court and
the prosecuting attorney. Mary Washing
ton, who killed Isaiah Harden about two
years ago, was allowed to make such
plea, and was sent to the penitentiary
for life. Otherwise, the case must be
tried. Counsel is appointed to defend the
party accused, and a trial is had.
Smalls case will no doubt be brought
to the attention of the court tomorrow.
He will be given counsel, and then his
case will be assigned for trial, probably
at a very early date. 1t has been re-
ported that Small has some little money
in bank, which he might use to employ
counsel This, however, is only report,
ana Small has stated himself that he
has only a few dollars.
Solicitor General Fraser expects to make
a visit to the Jail to take a look at Small,
in order to satisfy himself as to whether
the negro has ever been, before him in
court before. Chief McDermott has sent
to Baltimore for Smalls pistol, and the
officers there have written that they will
send it to him. Small had the pistol in his
pocket at the time he was arrested. He
passed a very quiet day in Jail yesterday,
was rather serious all day, but did not APP
pear nervous or particularly worried
about what is before him.