The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-04
SAID THERE IS NEW EVIDENCE.
ABE SMALL A SECOND TIME ON
TRIAL FOR HIS LIFE.

Two New Witnesses Expected To BE
Introduced by the Defense To-day.
The Witnesses For the state Al
most All Positive That small Fired
Two shots at the Arresting Ohicer
before lie Was Fired UpOn-1Fhc
Question rs 20 Who Fired First.
The Attorneys Making a StrOag
Fight For Their Client.
The second trial OF Abe Small, charged
with the murder Of Policeman Jansen
Neve, began ia the superior court ycster-
day While the testimony was very much !
the same as that presented on the first /
trial. there are some new features in the
case which are being brought out. and as
the details of the first trial are not as
fresh in the public mind as IL il had taken
place a day or two ago, the court room
was pretty well crowded during the entire
day yesterday
Perhaps the most interesting feature Of
the case is one that has not yet made its
appearance But 1t is reported that the
defense has secured two new Witnesses /
a white man named Wimberly, and MS
wife. who it is claimed will give some i'm
portant testimony. just exactly what the
nature % J. AdAlitbt uE caAE tftiAiNtAr 90
they have not yet been introduced on the
witness stand. but it is said they were
passing at the time the shooting took
place. driving by on the Waters road, and
their testimony may be pertinent.
There was very little trouble experience
ed IN getting a jury. All Of the petit ju-
rors Of the superior court were summoned
to be present, but the two sides ala not
quite exhaust six panels or seventy-two
Jurors before they secured the requisite
twelve. There were thirty-four who went
off for cause, while the prisoner struck
nineteen and the state struck only three,
neither side exhausting their strikes.
The jury finally secured was composed of
Edward A. Eason, Edward r. Hernandez,
William A. Spellman. Manning White, ia
cob Gardner, Montford s. Lebey, Thomas
Hunter. Jas. s. Cooper, John s. Bowen,
John A. Thomas, Chas. S. Wood and Will
lam L. Le5ey.
The state then introduced It's witnesses,
and began to make out its case against
Small. Seven or eight witnesses were
placed on the stand, and they were at
quite a variance In some details, but
stood almost together on the main point,
insisting that Small fired the first shot.
Some of these witnesses were in party
near the corner OF Grove and Seventh
streets a point that was az that time out
side Of the city limits. one OF them, a
negro named Dolphin, had gun. They
all testified that they went down VINE
stneet and cut across "A field to Grove and
seventh, aud they all insisted that Small
fired two shots from his pistol before he
was fired upon by any Of the arrestng
officers.
Small. after exhaustng his pistol, or
laying 1t aside, they said, went behind the
hay-stack and got his Winchester rife,
after which he started toward the Waters
road, and some say he walked, while
others say he ran along the ditch near the
road. Policeman McCabe went after him
on his. horse. they state, and was hred
at by Small after which Policeman Ncve
did the same thing and was shot down
Some of the Witnesses testified there was
woman with Small when the shooting
took place, while others say there was
not. There We're several deviauons of
testimony Of the same kind.
It was nearly O'Clock when the state
closed. One of its principal witnesses was
a little boy OF fourteen years. Henry
Myers, who went out with crowd of ne
ing TO his testimony he was pretty close at
hand when the shooting took place. lie
was unable, however. to stand the fire Of
Mr. Charles n. Vests cross-eXamination,
and began crying when pressed too closely
as to his testimony on the former trial. He
insisted that he had made a certain state
ment with regard to the movements of the
policemen and he was not going to be
backed down from il under any circum-
Sheriff John T. Roman was the first wit
ness placed on the stand by the defense,
the object being to prove that Small has
been a quiet peaceable and docie negro
since he has been IA jail. The court, how
ever, did not see the relevancy Of this tes-
1imony and refused TO admit the ques-
tions which MIR. West asked Sheriff Ro-
nan. Mr.. West was told he would be al
lowed to prove general character, but not
10 ask specific questions on the line on
one other witness was introduced for the
defense negro who gave some entirely
different testimony from that presented by
the state. He did not see Small do any
shooting, but said he was being shot at
when making away. Al the conclusion of
his testimony, about $50 o'clock the court
adjourned until 1879 o'clock this morning.
There was a curious crowd that filed the
court room all day long, and watched the
was a large crowd OF negroes standing
GROUND on the streets wnen Small, was
brought from the jail 70 the court house
IN the custody OF four deputy Sherifs aud
as soon he was inside the building they
all followed upstairs
The new testimony which, IL Is said, the
defense has discovered will probably be
brought out to-day. There Is much in
terest 10 know just what II will be. There
IS quite a variety of sentiment with re-
gard TO the case, and ever feature OF II will
be closely watched. Attorneys Charles
hard fight for their Client. They were ap-
pointed IN his behalf by the court and
they have mace most cOmmendable cf-
forts IN his behalf The defense will prob
ably conclude its testimony this morning
and the argument will likely be taken uD
the trial Will go over into Friday