The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-06
TO BE HANGED ON MARCH 25.
ABE SMALL 4 SECOND TIME con-
VICFED OF NEVE's MURDER.

calmly an" S'"'i"''
His Attorneys at ""eS
of Motion for New Iriai--Soh'e
Excellent Work That Has Been
Done in His BehaIf-SoIicitOr Gem
-, o.,.,-,,c.s stronu Spcech for
'e ..,..
Abe small was eoA'le.'D d. ,''1 rC.t1
court iast hIEI'' d'o"' CIV ,.,tt,
hu'ueI OF '4l' -'t'@'' ..l.',. ~
ou1 le'o''''l'' '''''''''' .-1-.o, -,
tie court anu ,7 nc a.
Ue i1''eeo '''- ~ ~ ,pd
80. ..,,l I,,, bip
..,..,tta al crca
noDiS -. ~. ,,.o,,I1
..7 -l d. r. ssi5 tbav
-0' 80. -,-,,f.t 3D.. mo-
~, - - ~ .,.,. ,-... ,,.as concl,5-
80. t.ee. IT,. ,.,1 ,,-bo, tb. court
e''' t-- 49,. ,r,,,-
- r,[,,.l,,.1 ,,,,,7o rho 6rsf
-l,et - 80 c,,,If md he was
-. -. ", I2o.r If hen, made
,1..--+.... d. f.l,.,tf 80 tt,sir client
,rbe,- ~ -. t,,oi, tt.. ,.i.y, If the case
MIL, I,,s t,,,,, t,It ,tl along that Small
-. r. 7i7 a., do
was JustHeQ III shoouhs as ie az" ~ Nv
tense of his own life and they held, as
mo-. .t,... d.. cha o,.ot4,,,la for rho de-
-, ~, 80. ,rros+f,,.. CfIicsrs fired al
lehse' tidt tAe aIleStIhS oiilc1i7 Al 10" a.
him before he fired upon them.
Justification an tbe ground OF sclf-de-
. , -
tense was small pflhcipal pled' anu -
was strongly presented to the jury III ms
1abale A.,ordi,,,. to tbeir tbeory of she
800,
case when the officers came up ana pre-
scented a warlike front, ready for business,
small thourbt tbex- had come to take him
49, ,,,
DEAD instead OF awe, ana pelHs di'leu'
lie considered he had a right to defend
himself Tho at-ornevs for. the defense
-. 49,
also called attention 10 the TACT ulG' tiieie
was a possibility Of doubt that il was
Snalrs bullet which killed Neve As is
-, -, - . xt-..,,,,osto,.
well known bullet from " lhcuestei
rife rarely strikes anybody but what it
800, th.,,,,1, 49,, IL tl,te Case tho, hui
- -, ,.. H.
let was ieIt loaSed III NeNe5 pouy "N'iS
il struck him. The intimation was that
the shot which caused Neve's death might
- ~ ,.5,.,.-, 10.
nave DeeH rum 'esiii'ii Va ONe'"0 81 -
tol by accident, there being circumstances
which ,a,neared 20 sunnort This theory
- an. 80
ana lhueed theIe mas "eeH SUM- '"iM %
exhumng NeVc's body and securing the
bullet for the nitrnose of seeing whether
il came from a pistol or from a Winches-
Tor rido
II - ,oart,- o otoIo.tr ,..ban fba altar
,,e,rs for ~ defeDre ciudpd tho r. ar
t',nenfs ana Soiicitor General Osborne
beaan bis aro,inent for me state. MIR
0eHor,,. i,,t1o7i,,Iad one ar tvo now fea-
t5iroe mo tbc case Te held i'm the first
Mace mat whether the arrestine party
wore eonsi3ered cs4ioers or simpiV as eli
zens on account of the fact that they
49, ,e,,t.i,I, ~ iii, limits IL made 10
Jiffsr'y,l.e - Gar as the case itself was
soncernCd H.. n,ofed Inc code TO show
tbaf a csfizen has Inc RIGHT undcr e, r.
Sbare,c.5 VIII a fa1ony ANA ne hold FRAT
tb5s S,ae 80 Of ne csSes in which a cfti-
zen had a rirbt ia make the arrest
Mr. Osborne argued that there were SIX
i;,-i,,,, ftr,lse,s ,,,bo we've naa rest the
.re,9 ,f ~ etruggIs ain Of whom mad
feetjded tbat small had fred the first
80 5toi ~ s Inc narfv An IF
- ~, =, -, , stataI - dtsintaT
1sted parties. In comparison with the
,s,-idenea ~ these witnesses he analvzed
me tesfinonv of The witnesses for lie de-
fenee sssertine- thar there was not one OF
49, 81 80 ie ,1,,,syb ~ M a r.
frst ana in a nosffion in assert thai the
3iret sbot vvas ifrad Nv Inc officars
Mr. 0eborpo caitad attertfon To Small <
record. lie was wanted. he said. on a
charge of burglary and when Constabl
Tup'nb,ies yssnt n arrest him he nuIled
on f6ie same XVinchester ride with which
~ gffer,,,s15 ehof No. iron, t,nder his
coat ana shot H1nphries in the cheek
There XCas eVerv eVidence he held that
small vas a nrofessionaI thief or burg
nd ~ inf
,,rc.ectiT,e' binosoif in Ms criuoinai work
IL ridirifled Tho idea mar small had mr.
ci,se5 me rife with which ia MAKE a
1iyine saVine there was notbing which
ne conId sho6t with il AT that time of The
,-eac Ne insisted tbat small had secured
sbie tiae sin,nIv for mo nurpOse Of his
own defense from canine or arrest and
tbat he lIsed il in tbesane manner when
Tho nolicpman went TO arrest him AZ he
bad used If when he shot Humphries
Mr. Oshorne made an abie are1ment and
"A -etrono- nnn throl1phout n was heard
win = Great deal az interest nv many
Of his friends for il was known that fhis
would he one of the greatest efforts of mis-
career so far. In many respecfs he s1Ir-
nassed their generations. and i'm fine
minds of many who heard him ne lori no
dot1ht az mo defendant's puiIt after he had
concliSea '0 ''''''
Jndse F;allipant read his charge from
snaniiscriDt Ne had boen re0uested in
xyriting ~ the attornevs for me defend
ana 10 rharae the iurv In WRITING ana ala
So his charge was full and sfrong ana
clear coverin2 every nolnf maj ~
brought out bv the evidence. He made
,sneeiaI reference 10 thar rofnt t;n,'.f
~ the sunrerne court in as ri,iin[r eiyi',s
Small a new trial after his 6rst triaP
shoWinsr a nrisoner's righf 10 defend bir,1'
se-f from any 1,io1ent affeclSs ~, IN, iilil .
Z