The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-13
ABE SMALL'S TRIAL PUT OFF.
JOSEPHINE HOUNG, A MATERIAL
WITNESS, FAILS TO NATE
RIALIZE.

"a
Term on Account of the Absence OF
Material WItness-The state Re-
sisted-JudEe FaIIIgant Thought
Two Weeks Sufficient.
A legal bombsheu was exploded in the
superior court room yesterday morning
at the beginning Of the Abe Small trial.
by SmaITs counsel, and the result was
that the judge granted a two weeks
postponement. setting the case for Mon
day, Aug Is. Small was on trial for
shooting Policeman Jansen Neve. in
February, 1894
The cause Tor the delay was the abb
seuce Of a material witness for the de-
tense, Josephine Young. This woman
was with Small at the time the officers
came upon him, and ii was expected to
prove by her that they fred upon Small
at once without provocation. The
woman subpoeaned in the case was
named Josephine Young, but she was
not the Josephine Young wanted, and
hence the affidavit upon which the judge,
after wordy warfare Of counsel, granted
the postponement
Long before 10 O'Clock the corridors
of the court house began to be filled
with negroes. and at the hour of open
ing court the gallery was packed with
men, women and children. The lower
floor was also well filled. and the court
seemed almost sitting with the crowd
of humanity in it.
The roll of jurors was then called,
and all but two answered. The judge
called the case and the state answered
ready.
Before answering. Mr.. Ravenel, Of
counsel for the defense. asked to have
the names Of witnesses called. lie then
went out to see some one of Them before
the trial began. on his return he stated
that the defense found itself in queer
predicament. A woman, named Joseph
inc Young, a pergon who was with Small
before the firing began, had been sub
poenied, and he supposed that she was
present. He had gone out to Interview
her, and much to his surprise found that
the Josephine Young who had answered
the summons was not the Josephine
Young wanted In fact, the woman
knew nothing of the matter at ALL and
wasn't even near the scene of the shoot
ing The counsel claimed that the wo-
man was an important witness for their
client; that she was present when the
firing began, and that they had no one
else to prove what they expected she
would testify to. Mr. Ravenel asked for
q continuance until the next term, on
this account as it was only justice for
a man to be tried for his life to have
every right that the law granted him.
Mr.. tRavenel stated also that the indict-
ment had been changed and that he had
only heard Of that fact on Saturday. Un-
der all the circumstances he thought
continuance TO the next term would be
right
Solicitor General Fraser objected siren
uously to any delay. He stated that all
the witnesses had been summoned, thar
no question as to what any such wit
ness as this Josephine Young could testi-
fy to had arisen. He had understood,
however, that the moment the firing be-
gan the woman took to her heels and
ran off In regard to the Indictment he
explained that the only change made was
the name Of the slain policeman. the first
indictment naming him "Jense" Neve. his
nickname. instead of Jansen c. Neve, his
proper name.
Mr.. West of counsel for the defense,
was astonished that the solicitor should
object to any postponement He stated
at length what he expected to prove by
the woman and told of the means adopted
TO try and get her here this term of
court. The woman. he said, fled from the
city on account of persecution and had
gone to a neighboring state. They had
tried to find her, but had not as yet sue
ceeded
Mr.. Fraser objected to any such state
ment unless the counsel could prove it.
1T would be inferred that the state had
dntimidated her" the solicitor general
said. somewhat hotly.
Mr.. West replied that he did not claim
anything of the kind. He simply knew
that she had left and was now in South
Carolina somewhere, He had been relia-
bly, informed that she had been subjected
TO some petty prosecutions. If she was
here she could testify as to them for the
solicitors benefit, but in her absence
nothing could be proven. By the next
term of court she could be found, he said
and an important witness secured for the
defense
The court thought that the legal as
poets of the case should be put in writing
The counsel assented and in a few mo-
ments Mr. West read an affidavit signed
BY Small, which embodied the claims
made above.
Mr.. West made strong appeal to the
court for an extension, going over the diff
fculties that the counsel for the defense
labored under in a case that the public
prints declared was a most sensational
one" He read the affidavit and stated
that If the state would admit the claims
of that, especially as to the statement
that the police fred first, they could go
to trial.
Mr.. Fraser answered promptly, with a
smile. that the state could not admit
anything that was false. He said that
the testimony of several reliable wit
nesses would show that the alleged facts
as claimed in the affidavit were untrue;
that Small advanced on the officers, fir
ing on them. The affidavit, he declared,
was of no value. as the defense did not
claim in it, what they intended to prove
by this witness.
Mr. Ravenel answered some of the OBJ
jections made by the state to the afidavit
and stated that the defense did not have
any other witness to prove what it ex-
pected to prove by the woman.
Judge Falligant said he could not grant
a postponement till the next term, as the
law did not allow that, where there was
time to secure absent witnesses. He
would postpone ii till next week, or unit
counsel could get their witness. however
make 1t as long as possible judge
urged Mr.. West.
''Well, we win set it for two weeks to-
day-Aug. 26."
The court discharged the jury unit
Mt q n an,