The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-31
THE EVIDENCE CONFLICTING.
ABE sMALL's CASE WILL GO TO THE
JURY TODAY.

The state Contends That He Fired
First, aud Fired the Fatal shot,
Policeman McCabe Being at "A Dis
lance at the Time-Defense Con-
tends That the officers Fired First,
and That Neve Was Between Small
and McCabe When He Was shot.
Arguments TO BE Made This Morn
ing.
All the evidence in the case of the state
against Abe Small, charged with the muir
der of Policeman Jansen Neve. was in
before I O'Clock last night and at that
juncture the court adjourned until 10
O'Clock this morning. when the arguments
will be heard.
The state finished the presentation of its
case at the dinner hour, and it took about
three hours for the defense to get in its
testimony The case has been closely con-
tested at all points, and a good many OBJ
jections of counsel have gone into the
record.
According to the states theory Small
first fired upon the officers. who went to
arrest him. using his pistol. After they
returned the fire he went behind the hay
stack, got his Winchester rife and re-
newed the fire Officer McCabe left when
he had exhausted his ammunition, and it
was al that time that Small fired the fatal
shot from his rife, which ended Neves
life.
The defense contested this theory, and
made its strong point upon the fact that
Policeman Neve was shot in the back.
1t commended that Policeman Neve was be-
tween Small and Policeman McCabe at
the time of The shooting was done. The
prosecution accounts for the shot being
in the back by the statement that Neve's
horse turned around at the time Small
fired it. The defense, however, holds that
il is just as probable that a bullet from
McCabe's pistol struck Neve. aRd bases
this theory largely upon the fact that the
bullet which killed the officer did not so
entirely through his body, as 1t was
claimed would have been the case, if the
ball came from Winchester rifle.
In support of this view of the case
Messrs. Ravenel and Mercer introduced
a copy Of the proceedings before Judge
Falligant, by which it was attempted to
have Neve's body taken up for the purpose
of reaching a determination on that point.
This motion, as will be remembered was
denied by Judge Falligant. The object of
introducing this was to show that counsel
had made every attempt TO reach an ac-
curate determination of the character of
the bullet which killed Neve. On this line
also, some testimony was introduced as
10 the comparative piercing qualities of
pistol bullet and bullet from a Winches
ter rifle.
Another claim of the defense also. was
that not Small. but one of the officers
fired the first shot, and that Small return
ed the fire. At the close of his statement,
Small uncovered his shoulder and showed
the jury where he had been shot during
the melee.
In rebuttal, Policeman McCabe was cali
ed to the stand, and stated positively that
at no time did he fire in the direction of
Policeman Neve. He said Policeman Neve
was not at any time between himself and
Small. He also stated that at the time
Policeman Neve was shot he had galloped
away toward the Waters road, his ammu-
milton being exhausted, and he being de-
sirous of getting out of range of Small's
rifle. He said he intended, also, going to
get more ammunition.
These are substantially the features of
the case as presented on the third trial
Judge Falligant decided it best to adjourn
court O'Clock, instead of carrying the
trial on into the night The jury win
have a good nights rest at the hotel, and
will get the case for consideration to-day
Just as soon as the arguments have been
concluded.
The opening argument will be made by
Mr. George A. Mercer, Jr., who viii be
followed by Nr. T. P. Ravenel and Solic
itor General Osborne will close for The
state.