The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-05
~1I GO TO THE JURY TO-DAY.
,rxr IN THE SMALL CASE TO
Ah"' ,,r WADE THIS MORNING.

roIIigant Overruled a Motion
J'"- ,,rs Il MistriaI-The Ground
rbat Juror EasOn Had Disre-
IA the sworn Testimony, TAX
Ills own Ideas in Preference
r,o defendants statement quite
..stiug and Almost Dramatic.
court requested to Charge the
Jury in Writing
,r,.. irrv before which Abe Small is on
ii' e,r his life was given another night
u'i last night at the hotel, and this
- will listen to the arguments TO
.aTs for and against the prisoner.
" .''', 5,fsnse got in it's testimony yester-
a., main point brought out being to
ia! .se,t that Small was attacked ny the
le -. before he made any resistance,
.hat beine set upon suddenly he only
anu I'D m defend himself. Mr.. r. 2.
.s..I,.rl,. one of the new witnesses intro
5 ~ the defense, was passing the
rIace at the time the shooting was gong
- saw the officers shooting. others
t.steed that Small was fired upon by the
airs when he was trying to get away
,rrars was little tilt between the at
-. for the defense and the court on
notion made by the defense to WITH
g iuror and declare mistrial Inc
o.o,,rd for this motion was that juror
s,or his own recollection of the situation
liner than the sworn testimony from the
ar5 Jnror Edward A. Eason asked OF
witness julius Iindors. III. ,,o,,,,,a
".ttSWas there not pine tree right pehind
vour house? Is there now pullcl VI piiie
;rsqs behind your house! 49, -,
40 sir" the witness replied. over on
c.,entb street there were three pine trees,
51t tbey we're some distance apart,
,,you can't see from your house, the
;uror said Il know that place, you Know,
slross to where the big tree was where
a. sbonting occurred. Don't you know
you c9n't see from your mouse through
', afh t,' field is perfectly clear and plQwed
nm the witness answered, not bush
or potbing in the way but. hillside, ana
,bat Mace never was planted. Thats
eroVn M in weeds. Where this other man
vas living it is perfectly clear.
To this it is said, the juror fepneu I'M
p9tientlv Now you sit down.
Mr. West made the point that the juror
vqs aecenting his own ideas of the sllua-
lion ra her than the sworn testimony from
The witness stand, and on that ground ne
II asked the court to declare mlstrlal.
in5ge F9lligant gave legal reasons Rhy
he did not consider the circumstance a
ground for declaring mistrial, and over
Small was QUITE impressive, and at
times in his way, somewhat dramatic IN
making his statement He said ne bought
The rife to hunt with, and when ne went
out of the city three days before that
tme he had no idea in his mind of doing
anyone any harm. He was just coming
back into the city, he said, when the CT
fcers came upon him and began ilrlng
\ al him Some one, he said. shot him IN
the back, and here he took off his coat
and vest and pulled back mis- shirt 10
show the jury the scar from the wound
he received from one of the party on that
occasion. The officers, he said, continued
. to chase him and fire upon him. AMI ne
Hired in sef-defense, and ceased when be
Il saw the officer who was coming after
4 him fall from his horse.
\ Small appealed to the members of the
Hurry to consider what they would have
done under similar circumstances. He
told them to put themselves in his place,
and ask themselves the question as to
what they would have done had they been
4 fred upon without warning by officers or
anybody else. They would defend them
selves, he said, and that is just what he
stated he did.
& IN rebuttal of minor features of the de-
PENDANTS statement, and shortly before
n o'clock all the testimony was in. Judge
Fallsant was willing to begin the argu-
|ments then, but Mr.. Osborne preferred
4 that they be not taken up unless they
4 Gould be concluded. The other attorneys
vere agreeable, and the case went over
|mul this morning at 10 o'clock. Messrs.
. West and Rdvenel will speak first in their
Sciients behalf, after which Solicitor Cen
.eral Osborne will present the states case,
|end the defendants fate will be left with
.the jury.
There Is a continued and an active inter-
FEST IN the case, and the court room was
crowded all day with spectators. In con-
.lomity with the statute in such cases,
lne attorneys for the defendant have re-
&Nvested the court to charge the jury in
8Muung, so Judge Falligant will probably
pore 1t is delivered to the jury.