The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-12-06
SOUGHT MERCY FOR SMALL.
CuLORED MINISTER'S APPEAL TO
JUDGE FALLIGANT.


Request by Each-1ioth stated
Thet Considered slnaII's Case the
worst in Their Experience and
Have No Doubt of His Quilt.
After three lengthy trials and having
been several times sentenced to death, 1t
seems that Abe Small viii at last pay
the death penalty fer the murder of Po-
liceman Jensen c. Neve four years ago
on Friday at the county jail.
A last effort in Smalrs behalf was made
yesterday by a delegation of colored citi-
zens. chiefly ministers of the leading col
ored churches, which appealed to Judge
Falligant and Solicitor General
Osborne to recommend to the
state board of perdons to COM
mute the sentence of Small to life inn
prisonment. The delegation advanced no
ground for such action on the part of the
judge and solicitor except the simple plea
of mercy for the condemned man and in
cidentally that there was some ground for
doubt as to whether the fatal shot was
fired by Small or by Policeman Neve's
companion. Policeman McCabe.
The petition was without success. both
Judge Falligant and Solicitor General Os-
| borne declining to take action on the lire
requested Such procedure on their part
would have been exceedingly unusual and
contrary TO precedent and would have. be
sides, been unwarranted without a request
for investigation and recommendation on
their part by the pardoning board
The delegation appeared in the Superior
Court room about 1880 o'clock II was head
ed by Rev Alexander Harris, and COM
prsed most of the leading colored minis
ters of the city. Judge Fa.ligant an
nounced that he was ready to hear any
thing the delegation might have to say.
Rev. Harris the chairman, stated that
committee appointed by the Ministers
Evangelical Union Of Savannah for the
| purpose Of comforting with the Governor
and the pardoning board in behalf of Small
had visited Atlanta for thar purpose with
out accomplishing anything. It had been
animated to them, however that if re-
| quest should be made by the Judge and
| the solicitor general before whom the case
was tried, recommending a Communication
OF the sentence to life Imprisonment that
| it would be considered by che board The
| committee now appeared before his honor,
! he sad, to request him to give his con-
| sent to the Communication of Small's SEN
! tence.
Judge Fallieant seemed somewhat sur
| prsed a this request. He said that the
matter was entirely with the hardening
board and that he had no jurisdiction. He
saw no reason for the exercise of clemency.
| The prisoner had been given the benefit
| OF able counsel on the occas sion of three
| different trials, he said, and the cIemency
! OF the courts had been exhausted in his
/ behalf. The crime was an outrageous one
and without a single mitigating feature
| The accused had first tried TO xii. an officer
! who had been sent to arrest him and was
| found armed and prepared TO resist arrest
! when the police officers came upon him
| AS the members of the committee evil
! IDENTIFY desired 80 be heard. Rev j. j. Dur
| ham, pastor Of the Second African Baptist
! Church. was designated by the Chairman
! 10 present their request. Rev Durham
said in effect that it was simply plea
! for mercy which they had to make They
! had no fault to find with the court or
/ with the trial of the case
! What reason did you give the pardon
| ing board when you asked for a commuta-
ton of the sentence?" Judge Falligant
| asked
Simply the reason the sinner gives when
! he goes before the Great Judge and asks
for mercy" replied Rev. Durham. The
sinner can only plead guilty and beg for
/ mercy. We believe in the punishment of
crime and in UNFOLDING the law. but We
believe this can be done equally as we'll
| by sentencing he accused to life imprison-
ment'
Rev. E. X Love spoke on the same lire
! He acknowledged he said that Small
showed himself to be an unusually ba1
man. He fell. however, that there was
room for a difference Of opinion as to
whether the bal. from Srhalrs weaoon
caused Policeman Neve's death. Under
the circumstances he believed that while
Small should be punished. that the ends
! of justice would be served equally well
by life imprisonment
Rev. j. c. Sims spoke in similar
manner l.. NJ. FleaSa ats said that mercy
was one plea on which the committee had
gone before the pardoning board. The
other was the doubt as to whether Small
or McCabe's bullet had killed Neve. 1t
was because of this doubt that he had in
terested himself N the case.
Capt j. c. Simmons begged that The sin
! ncr might be given time to repent Sc
he was out of the community, he said IL
made no difference whether his death oc.
CURED in few days or four or five years
hence. Small had been proven guilty be-
yond the shadow OF a doubt, he said, and
i t'ii Aif dsrei was HlSicy.
Judge Fallgaut listened with evident in
forest to the appeals of the delegation,
and when they had concluded expressed
! himself at some length. He had known
some of the members of the committee
since childhood. he said and felt towards
them nos merely as acquaintance, but as
warm personal friends. He believed that
they were in earnest in their efforts to
elevate their people to a. higher grade of
civilization and honored them for their
work. Candidly. Judge Falligant said, as
he knew the law. he had no right to in
terfere. The law allows the jury to de-
termine whether or not the accused shall
suffer the death penalty. The appeal for
mercy on this earth must be to the par
| doning board. 1t was the right of the
| board 10 investigate and refer The matter.
should It see fit. to the judge and solicitor
| for their recommendation.
II see utterly no reason why SO far
as we are concerned, We should have one
word to say in favor of the communication
OF this sentence" said Judge Fallgant