The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-22
WHO FIRED THE FIRST SHOTS7
ABE sMALLS COUNSEL CONTENDS
THE POLICE DID.


of Small for the killing of OHicer
Neve-The Testimony of n Very
Contradictory Nature-One Set I'D
witnesses Swears That Small Fired
Mt the Officers First. and Another
set That the Officers Fired at Small
without Cause.
It was afternoon yesterday when the
Jury was secured in the Abe Small case, in
the superior court.
The court convened at 10 o'clock, but
Constable James Humphries kept It wait
ing until u.0 O'Clock though officers were
out after him. He was in court the day
previous and was told when the trial
would be called. the solicitor stated. but
for some reason he was not present at the
opening Of court
Fifty-one names were called for the jury.
OF these the state struck five, and the
prisoner seventeen; seventeen were ex-
eused for cause, four being against capital
punishment. The jury as secured is as fol-
lows:
Alexander K. Wilson, Leigh NJ. White,
Charles NJ. Gibbs, Richard H. Macleod,
william c. Workman, James Z. Meldrim,
Henry G. Ward. Troup B. Hodges, Will
liam H. schley, George F. King. Joseph
p. Sinclair and Albert Howarth.
The prisoner was arraigned though his
counsel stated that he pleaded not guilty.
But the solicitor general said that in muir
der cases this must be done
The indictment was read, the solicitor
general stating the case to the jury in
brief: Constable HUMPHREYS had a warrant
for the arrest of Small for burglary.
Small fed and in trying to arrest him
Humphries was shot. Officers from the po-
lice barracks were sent after Small, and he
fired at them before they had reached him,
and without warning and in the fight that
followed Officer Neve was killed. The So
hcitor added that If these facts were prov
en-, as he expected they would be- he would
ask and expect verdict of murder.
Mr.. C. N. West, 81 counsel for the pris-
oner, made short address to the jury
stating that the defense was not expected
TO make any address or any presentation
to the jury. He asked. however, for pa
tient hearing of the case and said that
they would expedite matters as much as
possible though they would do everything
for the prisoners benefit.
Constable HUMPHREYS was the first wit
ness for the state. He testified. in sub
stance, that he was an officer of the court
IN 1894, as deputy sheriff. He was given
a warrant against Small, for burglary.
This was about two days before the kill
ing. he thought. He heard Of Small be-
ing at or near Henry street lane and
Randolph street. He went out there with
a small eolOred boy. They saw Small and
he ran from them. HUMPHREYS followed
and called to him to stop, but he would
not. At the corner of Clifford and Perry
streets, while crossing a square, Small
having gone on ahead of him, and Hum
phries being in the blaze of the electric
light. Small turned and fired on him.
The bullet struck him In the neck. He fell
down, but got UP and followed Small for
a short distance, when he quit and went
for aid. He went first to DR.. Reds drug
store and then to McBride's barroom,
where he saw a doctor.
The solicitor general asked HUMPHREYS
If he then went TO bed.
This brought the counsel for the defense
TO their feet Mr.. West objected TO the
question. Continuing on the objection, he
stated that he desired to know whether
the theory of the state was that the police
were to arrest Small for the felony In
shooting the officer or for the burglary
case. This brouhgt on argument that the
Judge settled by admitting the question,
the solicitor general admitting that prob
ably the police tried to arrest Small for
the felony. The witness further testified
that the police knew of the occurrence at
once, as he told the officers who came into
the barroom, though he was too sick
TO make a formal report himself.
na a w r
rant which charged Small and two others
with burglary, breaking into the store
house Of NJ. Gardner, Jan. 81, 1894, and
stealing cash register with S175 in 1t. This
warrant was issued from Justice Naugh-
toms court.
Sergeant Mock Of the police force testi-
fed that he was on duty at the barracks
on the day of the killing. That on the 10th
of February, 1894. he was telephoned by
Joe Brown of Brown Bros, of West Broad
street, that Small was located. He at once
sent Detective Bossell down TO the scene
and ordered three mounted officers, Nc
Cabe, Neve and Wilson to report to him at
Anderson and East Broad streets. He told
Bossell to arrest Small for shooting Hum
phries. Some time after he received word
of the shooting of Neve. He did not go to
the scene as he was on duty but Assistant
Chief Reilly went out.
Patrick McCabe a middle aged officer,
was the next witness. he testified that he
was detailed by the sergeant to report to
Bossell and that he did so. Bossell ordered
him to go down to East Broad and Ander-
son to investigate. He went there but saw
nothing. He rode out to Lovers lane and
saw Neve riding along about 600 yards
ahead of him. Thinking something was up
he spurred on and caught him. He coun-
selled Neve to hold on and wait for the
Others, but the latter said he was all right
and that there was 400 in it," They both
rode down Vine street till near Seventh.
There they saw Small in a field. AS the
officers rounded in on Seventh street, from
Vine, Small, according to Nc
Cabe's evidence, began firing
He was several hundred feet
from them and advancing, a small hay
stack being almost in line between them
He fred several shots, but the officers did
not reply. As soon as Small had reached
the haystack he drew out a rifle and be
gan firing at the officers again. McCabt
and Neve returned the fire. McCabe
thought he hit Small once, as the latter
''quivered" and shook. He was then about
seventy-five yards from them. There was
ten foot ditch and a fence between them
His horse began to get FESTIVE and ran of
to one side. Small then ran along towards