The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-23

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and Aired. small turned partially around
and fired at the officers. and then ran on
He did not know Till afterWard that he
had shot his pursuer.
The statement was made calmly and
with precision, though Il was seen that
Small was rather nervous. At the request
OF his counsel he removed his shirt and
showed the jury the marks Of what he
called a gunshot wound on his left shoulder
at the back Il looked more like shot
wounds than from a bullet, however. This
correspondent 10 GoIphins testimony, as
the latter said that he hit Small, his gun
being a double-barreled shot gun.
Dolphin was recalled by the solicitor
general 20 prove that bird shot were in his
gun. and thar he mad fired from distance
exceeding 20 yards. He admitted that
he put In the shell that storekeeper Myers
gave him.
Detective scuIy testified that Wilson
said to him that he wanted to 90 on the
stand against Small. as he saw the shoot
ing snu that Small shot nrst. ms was
told him al the barracks. Wilson was re-
called and denied the story.
Some capital for the defense was made
in she cross examination, wherein the
work OF Wilson as a spotter was spoken
Of. II was shown that Wilson went on
Journeys for Scully and aid work for him.
him Mr. West sarcastically commented
on the fact that q man convicted, as VIII
son was, aid work OF this kind. instead Of
serving on the chain gang.
Policeman Ben Floyd testified that Par
son Thompson came 10 him few days be-
fore the case was first assigned, and talk
ed n over. Thompson asked If a man had
70 testify unless summoned. He intimated
to the officer that the police Aired first and
when the officer asked him II he thought
that way, he said no. that he really
thought that Small fired first. Thompson
denied this in toto. Under the cross exami-
nation, the officer admitted that his tone
In questioning Thompson evidently
changed Thompson's views. I'm fact"
said the officer, Il had not really made up
my mind about il then and haven't as yet,
either"
The state tried to impeach the testimony
Of Lindor. Joe Brown testified that he met
Iindor, in company with Mr.. Morgan and
that LlndOr made statements different TO
them than those which he testified to.
This Lindor who was recalled, denied
most emphatically
George Brown stated that 'Parson"
Thompson met him the evening Of the
shooting and had asked him about the at
fray. Thompson was coming from Low
ers lane and they met on Vine street.
Thompson talked as II he didn't know OF
the shooting and the witness told him all
he knew. Thompson was then recalled
and he denied that he had talked with
Brown or had met him al stated
Tom Holmes testified that he was not
IN the crowd as had been stated by Kinds.
The latter, when recalled, stated that he
had been told that Holmes was in the
crowd, but that he didn't see him.
Chief McDermott testified that in all his
talks with Small the latter never mention
ed a wound. This was TO discredit the
wound shown by Small as having been
received from Golphin's gun.
''Parson' Thompson was then reintro-
duced to deny a etory told by Kinds that
Thompson had told him what 10 testify TO
in the case. The parson waxed wroth and
Indignantly denied the story.
c. b. Westcott was introduced to prove
that birdshot wounds did not make any
such wounds as those shown by Small.
The counsel for the defense rather created
the impression In their cross examination
that Mr.. Westcott was not an expert in
cases Of this kind.
At o'clock the state rested. The solic-
itor general then began on his law au-
thorities, and for an hour and fifteen
minutes he expounded authorities to
prove his contention that the arrest had
been attempted legally and that Small
was guilty Of murder In resisting the Of
ficers, that a private citizen could arrest
for felony and that II the prisoner re-
sisted the citizen had the same powers as
an officer
At $50 o'clock Mr.. Ravanal OF counsel
for the defense began his argument. He
combatted Mr.. Fraser's legal points, and
then gave the legal definition Of murder,
manslaughter, homicide, etc, and COM
pared the cases quoted with the present
one. He sarcasucally commented on the
witnesses for the State, Wilson, Ray and
of
all the others proved that they lied out
right. He charged that the mob went af-
ter Small TO kill him, not to arrest him,
and that the policemen were responsible
for the actions of those who went along
with them. The officers had a right to
arrest Small, but not the right TO kill
him.
I'm their efforts to convict Small" said
Mr.. Ravenal with emphasis, some of
these men are trying 10 blacken the mem
ory of that brave officer, Neve. They
say he turned and was running when shot.
I don't believe 1t. They are so pressed TO
convict Small that they are trying to make
a hero Of him and thus insult the dead"
Mr. Ravenel alluded to the inconsistent
cies OF the states witnesses and COM
mented most sarcastically on some Of
the testimony He claimed that the
crowd went out to see Small killed and
that the arrest was a matter not thought
Of. The address was a mastery one and
had it's effect upon the jury.
When the court convened at $50 o'clock
the crowd was larger than ever The
court room was crowded 10 suffocation
almost and the gallery was a dense black
mass.
Mr. West, for the defense. began his
address at once. Before that little sharp
discussion ensued between the solicitor
general and Mr.. West regarding the first
indictment. The solicitor general stated
to the court that the defense could not
use that Indictment. as IL had not been
put in evidence, and the court 50 held,
upon which Mr.. West blandly inquired
what all the fuss was about.
In his address he alluded to the queer
case made out by the state and expressed
his surprise at its conduct of the trial.
He charged that the state tried to con-
Wet and not get at the truth. If Small is
to be found guilty of murder, he said,
then let him be SO found after a legal
trial Mr.. West scathingly denounced the
witnesses for the state especially the
trio" as he called Wilson, Ray and
| Myers. He ironically congratulated the
| state upon the detective force at its COM
mand and commented upon the fact that
Bossell upon whose Information the grand