The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-22
HIS SECOND FIGHT FOR LIFE.
ANOTHER JURY TO CONSIDER ABE
sMALLs CASE TODAY.

estinE Legal BattIe-SuIIIvan and
O'NeiIl Given IL Years Each-Chas.
Lucas and JEFF Davis Who Were
Convicted of Burglary Last March
VIII BE ReIeased-WiIIs of Mrs.
PerIa SheftalI SOIOmOns and w. w.
Rogers Filed in the Court of OrdI-
nnry.
Abe Small will have his second trial to-
day on the charge of the murder of Po-
liceman Jansen Neve about three years
ago. The trial is a long one, and it is
not likely it will be concluded to-day.
This Is going to be pretty legal fight.
Pitted against Solicitor General w. W.
Osborne are Messrs. Charles ". West
and I. p. Ravenel, two Of Savannah
ablest lawyers, who were appointed by
the court to defend the case, and who
have gone through with 1t fully as care
fully as they would had their client been
a capitalist. But Mr.. Osborne, too, has
made a study Of the case, and its details
are by no means new to him. If, with
Mr.. Osborne, any criminal case which
comes up for trial is more important than
another, this is perhaps the one and he
will undoubtedly make a strong prosecu-
ton
1t remains to be seen whether there is
any newly discovered evidence. 1t has
been said there is but it remains to be
seen what cross examination will do with
it. The features of Smalls case have not
been forgotten-the shooting of Constable
HUMPHREYS, his alleged defiance of arrest,
his encounter with the officers in which
Policeman Neve was killed, his escape ana
final capture in Baltimore. The case
turns upon the point as to whether Small
fired upon the officers in his own defense
against an assault made upon him. or
defiantly resisted arrest and shot to pre-
vent being captured. On his first trial the
charge of the court was found in error in
one detail by the supreme court and
new trial after his conviction and sem
tence to death was granted on that ac-
count. The case is a notable one in the
annals of Chatham county's crime, and
will be watched with much interest.
The results OF yesterdays criminal pro-
ceedngs in the superior court will bring
happiness to two men, and misery to two
others, but so goes life.
Maurice +. Sullivan and Simon j.
ONeill, who were convicted of man
slaughter as the slayers of Preston
Brooks, were brought into the court and
each was sentenced by Judge Falligant to
spend fifteen years in the state peniten-
tiary In sentencing the prisoners Judge
Falligant simply called attention to the
fact that they had been found guilty of
manslaughter without any recommended
ton to the mercy of the court. He had
the power to give them twenty years each,
but gave them five years less than the
20 H. I.rrr an
the jury who wanted to find them guilty
of murder, but as the others were nearly
unanimous for manslaughter he yielded
finally to their opinion. The attorneys
for the defense again gave notice that
they would apply for new trial.
The two men to whom happiness will be
brought are Charlie Lucas and jeff Davis,
two negroes who were convicted last
March of breaking into the residence of L.
f. DewberFy, and sentenced to five years
each in the penitentiary. Lucas was
granted new trial on Jan. 3, and Davis
yesterday, the grounds being that they
We're convicted on the testimony of an ac-
complete without corrOboration
Judge Falligant considered they were
entitled to a new trial on this ground, al
ways a valid one in law, and as Solicitor
General Osborne had no other evidence in
the case. he saw that it would be difficult
If not impossible to convict them on a Sec
and there was no moral proof even that
they were guilty. On this account he NOV
ed to nolle PROSE- the case, and with the
consent of the court this was done.
As soon as they are located Clerk ]. X.
p. Carr will send to the penitentiary camp
a certificate to the effect that the indict-
ment has been nolle pressed and they
win be released TO return to Savannah.
The will OF Mrs. Perla Sheftall Solo
mons was filed for record in the court of
ordinary yesterday. Mrs. Solomons leaves
all of her property to her husband, Lizur
Solomons. during his life, after which 1t
goes to Mrs. Cecilia Abrahams in fee SIM
pie. She excerpts from this provision,
however. her wardrobe and jewelry, which
she gives at once to Mrs. Abrahams. Her
husband. Lizur Solomons, and her brother
in-law, Joseph NJ. Soomons, are named
as executors, but they have not yet quail
fed.
The will of Mr. w. w. Rogers was filed
for record He leaves all of his property,
valued at about 5000, to his wife, Mrs.
Johanna Guerard Rogers. She is named
as executrix. and Is relieved entirely from
making any appraisement or returns to
the court of ordinary.
H. II. Gilmer and j. f. Minis, admin
istrators of the estate of Mrs. Louisa F.
Gilmer were granted letters dsmissory.
Mrs Cecilia S. Abrahams applied for
temporary letters of administration on the
estate of Moses Sheftall. The estate Is
valued at about $4,000 and consists most
ly of real estate.
Chas j. DeLoach was granted COM
mission as a commercial notary public by
Judge Falligant.
L. A. smalls. A. w. Gibbs, B. B. Cole
man, F. II. Williams and others, colorcd,
were granted an incorporation as the q.
+. Club, a social organization. The ap-
plication was filed by j. II. Kinckle.
w. Alfred Degenkolw was made a cit
izen of the United States by Judge Nor
wood yesterday.
WEATHER ABOUT RIGHT.