The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-04-22
WILL NOT DISINTER NEVE.
JUDGE FALLIGANT REFUSED TO AL
Low ANOTHER INQUEST

The Effort to show That Polio eman
Neve Was Not Killed by Abe Small
by An Examination of His Re mains
FaiIs-Judge FaIIfgan1's Decision
on the Appeal by smaII'z AttOr-
neys.
An order was issued by Judge F'alligant
of the superior court yesterday. refusing
the petition of Messrs. West and Ravenel.
attorneys for Abe Small. for an order to
disinter the remains of Smalls victim,
Jansen c. Neve, for the purpose of hav-
ing new inquest, on the grounds that
the inquest held by the coroner Feb. II,
1894, was incomplete and Illegal. The idea
of the defendants attorneys in moving to
secure a new inquest was to endeavor to
show that Neve came to his death by
bullet from the pistol of Policeman Nc
Cabe, and not from the rife of Small.
THE inquest was held Feb II, 1884,"
said Judge Falligant, land this court is
bound to know that a special present
ment had been found by the grand jury
subsequent to the inquest under which the
prisoner had been convicted, and that a
would seem, therefore, that there is no
reason for granting the order quashing
the inquest and verdict. There is nothing
on the face of the papers justifying an
order for an inquest, and, as this court
knows that Neve came to his death by
violence; that there are witnesses to his
killing, and that the accused is under ar
rest and has been tried and convicted by
competent tribunal, it would be improper
TO order new inquest without some spe-
cial and prevailing reason assigned. Again.
the Identical motion has already been
made and refused, a bill of exceptions
rendered. certified to, and transmitted to
the supreme court of Georgia, where It is
pending, unless legally disposed of. The
demurrer is sustained and the motion over
ruled"
Judge Falligant gives some interesting
information as to the weight of the find
ing of a coroner's inquest in this state. in
MS reply to the petition. The Incidents
ana characteristics of a coroner inquest
under the old practice at common law in
England he said, where the verdict could
DE used for prosecuting the offenders with
oul ana outside the indictment by grand
jury, and also to fix the value of prOpertv
forfeited, have disappeared in this state.
the Inquest and its findings amounting
only to a court OF inquiry
Business was very light in the courts
yesterday. Judge Norwood spent the day
at his place in Liberty county and conse-
quently there was no bushes transacted
in the city court. Judge Falligant passed
upon several matters In the superior
court, but there We're no jury trials.
The attorneys for Hopkins & Baker filed
a motion for new trial, a verdict having
been rendered for the defendant in the
SUIT OF Hopkins & Baker versus the Ten
nessee Paving Brick Company for $3.50
commissions on brick sold to the city.
petition was filed in the superior court
by jamie Bell, through her attorney, f. M.
oliver, asking that proves be issued to
require her husband, Wylie Bell, whom
she charges has deserted her and is now
living with another woman, to paw her
alimony and attorneys fees. Her nus
band she states, lis employed in the city
dry culture department at 81 per day.
The grand jury of the superior court
will convene this afternoon at O'Clock
In the court of ordinary Yesterday q
caveat was filed by PercivaI NJ. MCINTYRE
and others objecting to the granting of
letters dismissory to p. w. Meldrim and
John Houston, executors of the will of the
late Robert Mcintyre, on the ground that
there has not been a complete and salts
factory settlement of the estate.
The suit of Willie Reid versus G. H.
Dixon & Co, on account of injuries received
In November, 1895, while in the employ of
the defendant, by having his hand cut
with a saw. was dismissed yesterday by
Judge Falligant. on motion of the plain
tff's attorney, Col A. r. Lawton.
The suit of Appel & Schaul- versus C. Nd
Cohen. suit on account was dismissed for
want of prosecution.
The proceedings condemning the right
of way for the new DeRenne canal through
the lands of r. B. Barstow were filed for
record with the clerk of the superior court
yesterday.