The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-08
CONTINUED FOR THE TERM.
ABE SMALL WILL NOT BE TRIED
FOR MURDER UNTIL MARCH.

The POstpOnement Due to the Alb
sence of MIR. Chas. y. West, smaIFs
Leading COunseI-OperatIOn TO BE
Performed Upon Mr. Vests Eyes.
Small Said He Could Not Safely Go
to Trial without Him-Keeper of a
Gaming House Fined $1,000 and
COsts-Jenkins Let Down Light.
Grand Jury Indictments.
On account of the absence from the city
of Mr.. Charles ". West, leading counsel
! for Abe Small, charged with the murder
of Policeman Neve Smalls third trial will
not take place at this term of court. This
was decided by Judge Falligant yesterday
afternoon upon application made by Mr..
T. p. Ravenel, associate counsel for Small.
On Nov. 10 Judge Faligant received a
letter from MIR. West, in which he stated
practically on account of his physical con-
dition, he would have to give up the case,
! and that Mr.. Ravenel would have to con-
duct 1t alone. Mr.. Ravenel stated to the
court in that event that he would like to
have another attorney associated with
him, and selected Mr.. George A. Mercer,
Jr.. who consented to assist, and who was
appointed by the court
On the opening of the December term,
however, a certificate from Mr.. Vests
physician in New York was presented to
the court in which it was stated that he
was unable to attend, and the court was
requested to see that the civil cases in
which he was counsel did not go by de-
fault. From Mr. Vests former letter.
Judge Falligant took it for granted that
he had Withdrawn himself from the Small
case altoget her but the certificate put the
matter in a somewhat different light
showing that Mr.. West had not withdrawn
from practice at the Savannah bar.
1t was upon this foundation and showing
that Mr.. Ravenel yesterday made applca-
ton to the court for continuance of the
case which was to have been tried accord
ing to assignment on Monday, Jan. TO-
Mr.. Havenel presented to the court yes
terday an affidavit from DR.. Ambrose L.
Ranney of New York in which the physi-
clan stated that Mr.. West is a patient I'M
der his care sent him by DR.. Ronald d.
Jones; that Mr. West is under the treat
ment concerning his eyes; that an opera
ton must shortly be performed by him up
on MIR. Vests eyes, and that Mr. West
is now, and will be for some time, impossi-
''S ~ NSAiAiSs NAlOlly ullllt lOI PROFESSIONAL
legal work.
Accompanying this affidavits from Mr.
Vests physician was an affidavit from
Abe Small, the defendant, in which he
stated that Mr.. Charles N. West was his
leading counsel, and that on account of
Illness he was unable to attend his trial
during the December term, 1897, of the ST.
perior Court. In Smalls affidavit he fur
Their swore that he could not safely go to
iriai without the services of Mr.. West
and that he expected his services at the
next term of court, and that the applica-
ton for a continuance was not made for
the purpose of delay.
With these papers Mr.. Ravenel submit
ted to the court a motion for a new trial
on the ground of Mr. Vests absence on
account of sickness. Judge Falligant, af-
ter brief consideration of the matter
and there being no protest on the part
OF the solicitor general, decided that he
would grant the motion and SmalTs case
goes over therefore, to the March term of
court 1t is stated positively that Smaff'
| Will be tried at the March term, whether
Mr. West has recovered and is able to be
present or not. Had the motion not been
granted by the court ID might have been
made strong ground in a motion for new
trial, after the verdict had been rendered
Charles w. Freeman appeared before
Judge Falligant in the Superior Court yes
terday and entered plea of guilty of the
charge of Keeping a gaming house put
ting himself on the mercy of the court
| Freeman was indicted some time ago
by the grand jury of the Superior Court
| along with several others on the charge
of keeping a gaming house, on Dec l.
Judge FalliSant sentenced him, under the
plea to pay a fine of 1900 and costs or
to serve twelve months on the chain-gans
The fine was paid.
There We're about ten alleged proprie-
tors of gaming houses indicted at the
same time, and similar sentences in each
case means about $4,000 or more in the
registry of the court for distribution
among the court officials Those recently
sentenced in the City Court were charged
with operating policy lotteries. There
were three of them, and each was fined
$1,000 and costs
b. C. Jenkins was tried in the Superior
| Court yesterday on a charge of larceny
after trust, it being alleged that he re-
ceived s. from Cora Hamilton to give to
d. N. Thomason, and that instead of do
ing so, he appropriated the money TO his
own use. The jury found him guilty rec
ommending that he be punished as for
misdemeanor, and recommending him fur
Their to the mercy of the court. Judge
Falligant sentenced him to pay a fine Of
$50 and costs or to spend six months on
the chain-gang.
Lizzie Clark was tried in the Superior
dcted on the charge of holding up and
assaulting Julia Dukes and relieving her
of 81 in cash. The jury found her not
guilty.
A final hearing was had before judge
Fal,igant on the motion for new trial to
the case of the Commercial Guano Com
pany against d. c. Swindie, trustee and
claimant. The verdict was for the de-
PENDANT, and the plaintiff is making the
motion. The case is pending in Liberty
County Court.
y write of certiorari was allowed to is
sue in the case of J. II. Shearous & Co.
against Roxy a. Morgan, tried in Justice
Wickhams Court.
In the city Court yesterday the follow
ing criminal cases were disposed of: Anna
Quarterman, cheating and swindlng, S25
or twelve months; James Trottman. sim
pie larceny, $25 or six months; Lucius
Wright, assaulting and beating Ada Ba-
ker $40 or six months; f. M. Grace. va
grancy. two months on the county farm.
and Henry Green, larceny from the house