The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-15
ToQUASH CoRONER'S VERDICT.
A MOTION THAT IS A NEW DEPART
URE IN CRIMINAL LAW.

West and Rnvenel, Abe SmalIs At
tOrneys, File "A Petition For Which
1t Is Said, Precedent VIII Have to
BE Sought in the Law of the Mid
die Ages-They Want to EXhume
Neve's Body and Get the Bullet in
the Hone of Proving II Came From
McCabc's Pistol.
Messrs. Charles N West and I. T.
Ravenel, attorneys for Abe Small, who
was recently convicted of the murder Of
Policeman Neve second time, and sem
fenced to be hanged March 25, have fled
with Judge Falligant motion, the like
of which. it IS said, has not been heard
of in any court in any country since the
days of the old feudal system in England
when punishment for homicide, or one of
the punishments at least was the at
tainting of the blood and conhscation of
estates.
SmaLs attorneys ask Judge Falligant
to Quash the coroner's inquest and its YER
dict. Such a motion would be quite appli-
cable at the time stated for the reason
that new evidence might change the YER
dict and restore TO an offender his stand
ing and estate. The purpose of a cor
oner's inquest now is to determine wheth-
er the evidence is sufficient to hold
party accused until his case can be acted
on by the grand jury, and after a grand
jury indictment has been found, the pur-
pose of the coroners inquest has been
served
1t appears in this case, however, that
there are certain facts which Messrs. West
and Ravenel want to arrive at and it
may be that this is the easiest way to
arrive at them. There has been a theory
for sometime that it might possibly have
been ball from Policeman McCabe's pis-
toll that killed Neve instead of a bullet
from Smalls rifle, because the bullet did
not go through Neve's body and it is as
serted by experts that a Winchester bullet
fired at the range at which Small stood
would certainly perforate the body. In
stead of that, however the ball which
Killed Policeman Neve is still in his body.
Small was between McCabe and Neve
at the time of the shooting, and il is said
both of the policemen were shooting at
him at the same time. 1t is held, there
fore that II is reasonable 10 suppose that
the killing might have been done by one
OF McCabe pistol bullets.
On the other hand, IL is said this theory
is refuted by Smalls' own statement.
Small said McCabe rode past him swapping
fore, whether McCabe had any cartridges
in his pistol. Then again Small said Neve
came toward him with his pistol pointing
at him. and as he did Small fired a shot,
the shot that struck the horses ear. The
horse reared around and at that time
Small fired his second shot and Neve fell
from the animal
1t is the desire of Smans attorneys to
have NeveS body exhumed, and that bull
let taken out. They think there is a good
chance of showing that it was a pistol
bullet and besides fling the motion look
ing to that end before Judge Falligant,
they have served a copy of it upon Solicit
tor General Osborne.
The motion is TO say the least a unique
one. 1t viii be a hard matter no doubt TO
find any law bearing upon the subject
and it is a matter to which no doubt the
court will give the most careful considera-
ton and Investigation before passing upon
il. 1t may be that the attorneys interested
will have to go clear back to the old Eng
lsh common law to find any preeedents.
At any rate the question will be an inter
esting one when it comes up for argu-
ment.