The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-03
ABE SMALL'S TRIAL ON TO-DAY
PEREMPTORILY ASSIGNED WITH
OUT DISAGREEMENT.

Members of the Bar Are COmpIaih-
ing About It-They Want the Bust
ness Disposed of without a Holt
day-SuperiOr Court Criminals.
Abe Small will have his second trial on
the charge of numbering Policeman jan
sen Neve. to-day, without fail. The trial
was assigned peremptorily for to-day,
and the attorneys for the defense have not
requested any continuance. though they
thought they had good grounds had they
| chosen to press them.
| As will be seen from the special notice
with regard to Jurors, the court has sum-
moned the entire petit jury to appear this
morning, and the first thing in hand will
| be the selection of a jury. Small. as is
well known, is represented by Messrs.
Charles N. West and T. P. Ravene.. and.
of course. will be well defended as he was
on his last trial.
Small was granted a new trial by the
supreme court on the ground that the
court failed to make the proper charge on
| a vital point in the case, that. of prison
| er's right TO defend himself when arrested
! from the violence of the arresting officers.
OF course, there was a question as to
whether the arrestng officers offered VIC
lence to the prisoner. before he exhibited
a spirit Of violence toward them, but the
| courts failure to fully charge the jury on
this subject was responsible for the new
| trial.
on the first trial of the case Small was
| convicted and sentenced to be hanged,
! but he had good counsel, and upon their
/ detection of this slight flaw in the pro-
| ceedings, they secured a new trial from
! the supreme court. The trial will I'M
! doubtedly be watched with a great deal
| of interest. The same officers who were
| interested in Policeman Neve are still on
/ the force, as are also the same officers
who went to Baltimore and brought Small
| back when he was captured there. Chief
| of Police McDermott did good work in
| this case. and in many quarters he has
! been highly commended for it. No doubt
the court room will be crowded when the
case is called this morning.
Judge Thomas NJ Norwood has an.
nounced to the bar that hereafter he will
have in the city court only four court
days from Monday to Thursday inclu-
sive. Friday. he has stated he will give
| to the solicitor general, and Saturday he
| will give to the officers of the court as a
| holiday
The officers of the court, or two or three
| of them, at least, have stated that they
do not want holiday, and furthermore
the members of the bar generally are
| making a protest with regard to the mat
ter They say it was practically impossl-
| Bile for them to get any cases tried at
| the last term Of court and they claim
| the same situation confronts them at this
term.
When Judge MacDonell left the city
| court bench, there were 315 cases on the
| Tbarp "a and a
| comparatively small number have been
! fled, according to the clerk, within the
| last year. The reasons that the officers
of the court say they do not want holi-
day is that they have to appear at the
court house on Satul day anyhow, and 50
{ as a matter of course it makes no differ
ence with them 1t is the protest of the
attorneys, however, that is being heard
loudest. Judge Norwood did not assign
any cases FOR trial at the beginning of the
present term, but instructed the attor-
neys interested to agree on their assign
ments and hand them to the clerk. This
method of procedure, they say, was I'M
satisfactory, as they want TO get together
and find out just when they have got to
do the work before them. If there are
some who fail to appear at the proper
time, they say it is the courts duty to
make peremptory assignments, and COM
pei them to appear for trial at the time
set.
As a matter of fact there was very lit
tie business triel in the city court last
term, and many cases that were assigned
for trial went over from day to day or
were continued for the term. 1t would
seem that there are more cases piled up
on the docket of the city court than there
are on that of the state supreme court,
and still they do not disappear any more
rapidly.
In the superior court Yesterday the case
against Nero Davis, Allen Johnson, Henry
Harris, John MaelSee and Griffa Johnson,
charged with assault with intent to mur-
der James Davis, at Thunderbolt on last
Christmas day. was called for trial 1t
was decided after a consideration of the
matter to try the cases separately.
The case of Nero Davis was tried first. 1t
appeared that several negroes, Davis
among the number, had entered James
Davis place, and after some words had
assaulted him, and cut him with a knife.
Nero Davis after trial before jury. was
found guilty and recommended to the
mercy of the court
After Davis, Harris was put on trial on
the same charge, and with few excep-
TONS pretty near the same evidence was
gone through with. Harris was convicted
of stabbing another not in his own de-
Tense. Both Davis and Harris will be
sentenced after the five have been tried,
and their cases disposed of.
In the court Of ordinary yesterday let
ters dismissory on the estate of Eliza Hen
derson were granted to X. j. Num-, exec
utor.
Letters dismissory on the estate of Sarah
S. Sullivan were granted to James Sulli-
van, administrator
Mrs. Priscilla Myers qualified as exec
utrix of the will Of Levy j. Myers deceas-
ed.
Temporary letters Of administration on
the estate Of Jane Bryan were granted to
Robert Bryan.
To Get out of the Way
When trouble is coming, is obviously the
part OF common sense An obstruction of