The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-22

bullet after him. but he didn't turn his
I back. The officer did not ike some Of the
, questions as 10 his actions ana his replies
were a tribe tart at times.
| On a large map. showing the streets in
| that section, AicCabe drew diagram out
| lining the positions OF the officers and
I Small.
George Brown, living at East Broad and
| Anderson. testified that on Feb. 10 he
heard that Small was located and tele-
I phoned to the barracks 10 send an officer
/ Officer Neve came out and Brown told
/ him that Small was in the field near
/ Grove and Seventh streets. Neve asked
4 him If Small was the person who shot
I Humphries and Brown said he was. Neve
replied that he was going down. Brown
warned him, but he went on. Brown
went along too. He saw McCabe later
I on in Grove street. On getting to Seventh
I street he saw Small and a woman. The
woman rose UP and ran Off. The officers
| came up and Small got UP and advanced
| on them, firing as he came up. They re-
1 turned the fire. Small ran TO hay stack
and reached down and pulled out
rife. With this ne began firing at the
officers. They returned the fire until their
pistols were empty. McCabe's horse was
hit, or the officer was thrown. He mount
ed again and rode Off toward Waters
road. BY this time Small had left the
| haystack and was running through the
field, near the ditch on Seventh street.
! He and Neve We're stin firing at each
other. Finally Small crossed the ditch
and got out into Seventh street. He then
turned on Neve, who was following him
with an empty pistol, and levelling his
rifle, fired on him, and Neve fell. The
officer was about 100 yards from Small
when he was shot and probably over 800
400 yards from where the fight first began.
Brown was very positive that Small fired
rnff faH
several times.
Mr. West made avery sharp cross-exam-
ination, but the main testimony was not
shaken. There seemed some errors in the
distances, the map seemed to bother him,
as ii did most of the witnesses.
Joe Brown was the first witness in the
afternoon. He told the same general sto-
ry as his brother as to sending a message
to the barracks about Small. He testified
also that he went out to hunt for Small
and that the latter was too smart for
him, and had been reused before he had
got near him. He stated that Small was
armed and that while Brown was trying
to steal up on him in the field in ditch,
Small saw him, and half raising himself,
kept his Winchester trained upon him so
that If necessity arose he could use 1t.
He did not want to shoot Small, while he
thought he had authority to arrest him,
he did not think he ought to kill him.
Isaiah Ray, colored, was with the
crowd of boys and men that went down
to the scene of the "skirmish" when the
officers left Myers store. His story of
the beginning was similar to the others.
He stated that after McCabe had gone
off and Small had crossed the ditch, he
turned to Neve, who was coming toward
him, and cursing him, fired point blank at
him. Neve's horse swerved and the bullet
entered the officers back. He fell and
Small escaped into the Waters road. Ray
Nha
officers first lie admitted seeing the wo-
man with Small and said that she ran on
through the fields. On his cross-eXamna-
ton Ray stated that Detective Bossell
was in sight, "till after the fight"
Henry Myers, a young white lad, was
with the crowd and he witnessed the af-
fair at close quarters. He saw the firing,
and knew that Small fired first. He heard
the cursing when Neve was killed.
Isaac Wilson testified to the same gen.
eral story.
DR.. w F. Drummer testified as to the
wound and its position, showing that the
officer was turned half way round when
shot and that he was mounted.
The state closed at 6 o'clock, and the
first witness for the defense, Abraham
Kinds, was sworn. He stated in substance
that he was at Myers store when Neve
passed. McCabe was not seen till later.
He saw the officers begin the fight by firing
at Small first, Neve firing and then Nc
Cabe. Then Small fired back. He did not
see the crowd of boys and men that the
others swore were along with the officers.
Leander Golphin, Rev. ]. B. Jackson ana
Charles Williams were also sworn for the
defense Their stories in a general way
bore out the main events as told by the
previous witnesses. They all swore, how
ever, that the officers fired first on Small,
who was eating inside a yard, near the
corner of Vine and Seventh streets.
Small fred back and the "skirmish" as
most of them called II, was kept up. One
persisted that Neve had been wounded,
and thrown, but finally admitted that it
might have been McCabe. They were
near when the final shots were fired, at
least two of them, and they did not hear
any cursng from Small. One of the wit
nesses stated that Neve was following
Small up with an empty pistol. Small
turned and fired at him, but missed. Neve
then turned right off to the right, and
started to ride out into the field when
Small fired again, hitting him.
AT o'clock the court adjourned till 10
oclock this morning.
The stories told are mainly the same of
the general features of the affray, but the
main difference is the point made by the
defense that Small did not begin firing UNI
til after the officers had fired on him. Then
thinking his life in danger he returned the
fire, and endeaYored to escape. Such is the
testimony of all of Smalfs witnesses, while
those of the state all say differently. The
stories as to the place where the shooting
took place and where Small crossed the
ditch. etc, were varied, but in the main the
general testimony was not conflicting,
save as to the firing.
csREENS Ar THE. TARcrr