The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-14
SMALL REFUSED A NEW TRIAL.
JUDGE FALLIGANT OVERRULES
THE MOTION IN HIS BEHALF.

He Approved All But Three of the
Grounds for the Motion and Made
Some Corrections in the Lattcr-He
Says the Defendant Had Fair
Trial and Was Given Full Justice.
SmaITs Attorneys VIII Take the
Matter to the Supreme Court.
1t remains for the supreme court to say
whether Abe Small, convicted of the muir
der of Policeman Neve and sentenced to
be hanged, shall have a new trial. Judge
Falligant yesterday overruled the motion
for a new trial made by Smalrs attor-
neys. Messrs. Charles N. West and T. P.
Ravenel.
The attorneys for the defense made
strong arguments on the motion in behalf
of their client. The words. bring him
here" are spoken of in the decision of the
court, and the counsel for the defense
laid particular stress upon them. Judge
Falligant, however, corrected that state
ment, saying the words used were bring
him there"
Judge Falligant approved almost all of
the grounds upon which a new trial was
asked, with the exception of three OF
them. which he corrected in some slight
details before affixing his signature to the
decision and bill. All of the important
grounds were approved. The attorneys
for the defense will take the case at
once to the supreme court. The decision
Of Judge Fallgant is as follows:
I'm Chatham Superior Court.-State of
Georgia VS.. Abe Small, Murder-Motion
for New Trial-The original grounds
of motions /, and are approved In the
18th ground of amended motion the court
sc cd 81 y
bring him here" The words used in the
charge were ito bring him there" With
this correction all the grounds of the
amended motion, except 8, and 10, are ap-
proved special reference being made to the
entire charge of the court in regard to the
grounds of motion based upon refusaIs
to charge and excerpts from the charge
as delivered. AS to the fifth and sixth
grounds, based upon the alleged state
ment by the solicitor general, "as of his
own knowledge and not of the evidence"
it is proper to say that the solicitor gen
eral was replying TO the criticisms of de-
PENDANTS counsel upon the failure of the
and claims that he based his declaration
upon this evidence, which appears in the
original evidence as filed by the stenogra-
pher, to wit
q. Where was Bossen?
"a; Oh, God, Bossen amt been in
no. Who was with Bossen?'
"A. When Bossell came up the killing
mo objection was made at the time nor
was the attention of the court called to
the matter. The court remembered the
evidence as quoted and took the view as
claimed by the solicitor general. With this
correction added approve the fifth and
sixth grounds 1t is proper to state with
reference to the nineteenth ground that at
first assignment of the cause it was post
poned for some time upon the statement
of counsel for defense as TO what they
hoped to prove by the woman Josephine
Young alias Aggleberger in order to per-
NIT them to have her present. When the
time appointed for trial arrived counsel
for defendant announced ready and made
no further claim for delay on account of
the alleged witness. AS qualified by this
statement 1 approve also the nineteenth
ground. "R. Falligant, Judge
FEB. 10, 1896"
The following is the courts judgment
denying the motion, based on his decision
with regard to the ground stated:
admitted as Offered because it tended to
show the defendant on the alert. eX-
pecting an effort to arrest him, armed and
prepared for any contingency. After
delay granted counsel for defendant to
obtain the evidence Of the alleged witt
ness. Josephine Young, alias Aggleberger,
and secure her presence when the cause
was again called for trial according to
assignment counsel for defendant an
nounced ready and went to trial without
request for further delay on account of
this witness. In my judgment the evil
dences as stated is cumulative. AS to
all the other grounds based upon the re-
fusals to charge and the charge of the
court reference is respectfully made to
the entire charge. In my judgment the
prisoner had a fair trial. was very ably
defended, and was justly convicted UNI
der the evidence. The motion for new
trial is therefore overruled.
'R. Falligant, Judge.
I'm open court Feb. 49,"