The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-29
DEATH PENALTY FOR SMALL.
SENTENCED TO BE HANGED ON FRI
DAY, OCT. Is, 1895.

| ence. Reviews the Case Thorough
ly-The Prisoner Had n Fair Trial,
Says the Judge, and Has been
Most Ably Defended-The Crime an
AtrOcfOus One, Cruel and COOIIy
Planned and the Jury's Verdict n
Just One-smaII UnmOved by the
Sentence.
THAT you be taken by the sheriff and
upon a gallOws erected under the super
vision of the proper authorities of said
county. you be hanged by the neck until
you are dead and may the Lord have mercy
on your SOUL" said Judge Falligant.
in slow, impressive tones, as he concluded
the death sentence upon Abe Small, con-
victed Of the murder of Policeman Neve,
last February, in the superior court yester-
dag morning, in the presence Of the solic-
itor general, Mr.. Charles n. West of eoun-
sci for the prisoner, many of the jury that
convicted him and a small number of spec
tators, numbering not more than forty.
1t became noised around that Small was
to be sentenced at noon. though the court
officials were very non-communicative in
the morning. and small crowd of spec
tators assembled to hear the sentence
oner.
At p o'clock Small was brought IN
and he took a seat behind his counsel
Mr.. West. Three deputy sherlffs were in
charge and they stood within easy reach.
AS the judge took his seat an ominous
aiianca nravafIad md m air Of exnectancv
was observed. 1t seemed solemn and inn
pressive, and even Small appeared for
moment to realize what it meant He
gazed around the room. searchingly, his
eyes scanning every face. as If for sym
pathy. and then he lapsed into his old air
Of stoldity and impasslveness.
ABE Small. stand up" said Judge Fall
lgant. The prisoner did so. standing
erect, facing the judge and looking
straight at him.
ABE Small" continued the judge. 1.-THE
jury has found you guilty of the crime Of
murder, and 1 impose the penalty as
prescribed by law. Have you anything TO
say why it should not be passed.
mo, sir. have nothing to say" replied
Small quietly
Il have listened very carefully to the
evidence and the arguments in this case
continued the judge impressively, ION
your behalf, to the jury and the court,
and feel constrained to say that never
in my experience have / seen greater
efforts made to have fair trial for you.
In regard to your defense, / appointed
gentlemen well known at this bar for
their skill and ability, and you have had
every opportunity to meet the charges
made by the state.
Il feel it my duty to say that I think
that the verdict was fully sustained by
the evidence. You were charged with
the great crime of murder. The evidence
showed that before the commission of
this offense for which you were tried, you
were wanted for burglary. The officer
sent to arrest you was fired upon and
wounded by you. You fed from this
scene, and when heard from again yon
were fully armed TO defy the law. The
jury must have been fully satisfied from
the evidence that you fired upon the Off
GERS first; that you had made up your
mind to kill. 1t appeared to me that you
had determined not to surrender to them.
You had made up your mind to kill or
be killed. This was a cruel crime when
you shot Officer Neve. There was no
excuse for firing that fatal shot. He
had no means to resist. 1t was a cruel
cool. deliberate and heartless murder.
The jury pronounced a just verdict,
and every good citizen who desires to see
the law vindicated and preserved must
agree with 1t. There Is no revenge in the
law, but 1t must be INDICATED. 1t is not
taking your life in a spirit of revenge at
all. The highest crime known is the
murder of those entrusted with the execu-
ton of the laws mandates.
Il feel deep regret at all times to
pass the sentence of death upon any Grim
inal. l trust that this example will do
good. 1t is useless to try and escape
from the meshes of the law, after COM
uniting crime, as your case will show,
fou had every reason to believe thar
you were SAFE but the law found you
out. and brought you back to Justice
Whereupon 1t is ordered, considered and
adjudged by the court that you, Abram
Small, be taken hence by the sheriff to the
common jail of Chatham county and there
safely confined until Friday, the 18th day
of October, 1885, and that upon said day
to wit: on the said 18th day of October
1895, you be taken by said sheriff and
upon gallows erected under the SUPER
vision of the proper authorities of said
county you be hung by the neck until
you are dead. and may the Lord have
mercy on your soul.
And 1t is further ordered that said ex-
ecution do take place between the hours
of 10 o'clock in the forenoon and O'Clock
IN the afternoon, in private, in the Jail
of said county.
at is further ordered that the sheriff
of said county have at least one physician
of said county in attendance upon said
execution to determine when death in
tervenes."
Small stood facing the judge as the
latter addressed him. Not even the SOL
emn, impressive tones of the judges
voice seemed to move him. He noncha-
lantly' chewed at his "cud" of tobacco.
as he did throughout the trial, and when
the sentence was passed, sat down with
out motion or change of countenance
When the sheriffs deputies took him off
he moved out of the room with a quick
step, still chewing vigorously. but not
appearing to have been troubled at all
by the sentence.
Messrs. West and Ravenal still have
charge of Smalfs interests, having been
appointed by the court, and they are
still working in his interests. A formal
notice that a motion for a new trial
would be filed, was made when he was
convicted. 1t will be flled before the
hearing is had The attorneys have il