The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-30
ABE SMALL'S THIRD TRIAL.
AGAIN BEFORE A JURY on THE
CHARGE OF MURDER.

slayer of Policeman Neve the object
of Considerable Curiosity in the
Court ROOm-TooL n Long Time to
Get a Jury-MOre Than Fifty Jul
rOrs Went OF Because of Prejudice.
His Defense Being Conducted by
MeSsrs. Il. Il. RaVeneI and Geo. A.
Mercer, Jr.
The third trial of Abe Small, charged
with the murder Of Policeman Jansen c.
Neve in February. 1894, began in the. Supe-
rlor Court yesterday morning. Small has
had about one trial a year since he has
been in jail
The prisoner sat near his counsel In the
court room when the court was called to
order and the work of selecting jury be-
gan. The selection of the jury appears to
have been the most difficult problem of the
day. There was a panel OF eighty-one jul
rors on hand in the morning to select from
and when they had been exhausted only
eleven Jurors had been secured. About
11:SO O'Clock twenty more jurors were
drawn TO be present at u O'Clock. Not
one of these would suit, and twenty more
had to be drawn and summoned for 4
O'Clock in the afternoon. The first one of
this last twenty, Thomas NJ. Hazelhurst,
Jr filled the bill and thus the jury was
completed
Out Of The 121 jurors who were in the
court fifty-three went off for various
causes such as prejudice or partiality of
mind, three were opposed to capital pun
ishment, the state struck four and the
defense eighteen. The others were ex-
cused or were not called. The jury as
finally sworn was composed of the follow
ing: John A. Moncrief, William H. Bird,
Henry $. Morrison Isidore L. Michaels.
James A. Davis, William r. Alexander,
William A. Snow, Fritz H. Opper Jasper
N. McGiliis. w. Trenholm Hopkins, Thorn
as H. Henderson and Thomas NJ. Hazel
hurst, Jr.
Shortly after 4 o'clock the presentation
of the evidence for the state by Solicitor
General w. w. Osborne began. The de-
PENDANT was represented by Mssrs. T. p.
Ravenei and George A. Mercer, Jr., the
latter having been appointed when Mr..
Charles N. West gave Judge Fallgant to
understand that he would not be able to
go on with the case.
The witnesses sworn yesterday were Po-
liceman McCabe, who, with Policeman
NeVe and other officers, was endeavoring
10 arrest Small at the time Neve was shot:
sergt. Mock, George w Brown and J. lP
Brown who saw all or part of the diff
Guilty which ended in Policeman Neve's
DEATH
IL VIII be remembered that Small was
wanted for burglary and for shooting
Cohstaole Humphries. Upon the inforrna-
ton that he was hiding out somewhere in
the neighborhood of the Waters road and
seventh street, Officers McCabe and Nave
with others, were sent to arrest him.
Ahere was quite a crowd along when the
oihcers came upon Small near a haystdtk
Small had his pistol. One of the questions
of contention in the case Is as to who fired
the first shot. There was shooting on
both sides. Small got his Winchester rifle
from behind the haystack and fired several
shots. One of them is said to have struck
Policeman Neve in the breast. penetrating
his lung, and causing his death within
two hours. The defense at one time made
the claim that possibly IL was shot from
Policeman McCabe's pistol which struck
Policeman Neve. The testimony and gen
eral belief has been that it was the bullet
from Smalfs rifle. Whether the defense
will present that contention on this trial
remains to be seen.
Small has been twice convicted and SEN
fenced to be hanged. The first time the
Supreme Court gave him a new trial on
the ground of error in the charge of the
court. The second time a new trial was
granted on the ground that Juror show
ed prejudice against the defendant during
the progress of the trial. SmalPs Jail life
does not appear to have told upon him Sc
verely He was looking well yesterday.
ana was the object of considerable atten-
non ana curiosity on the part OF the large
crowd of negroes gathered in the gallery
during the proceedings. At o'clock the
court adjourned until 10 O'clock this morn
ing.