The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-03-19
GABLE WENT FREE
JURY THAT TRIED HIM FOR MUIR
DER FOUND HIM NOT GUILTY.
KILLED WILLIAM SMITH.
~ A QUARREL AT FORT SCREVEN,
on TYBEE, LAST DECEMBER.

Had Been the AgGressor ana Ihai
Gable Had Acted as He Did TO Pro-
tect Himself Against Injury-Strik-
ing Disparity in the Sizes of the
Men Helped Gables Case With the
Jury-Fatal blow Was Given With
MIX Pitcher.
A. ]. Gable was tried in the Superior
Court yesterday for the crime of murder.
The evidence adduced at the trial sufficed
to convince the jury that the crime had
not been committed as charged, and IT
returned verdict OF not guilty.
on Dec. 80. last. Gable. a young white
man. struck william Smith a blow in the
head, with a porcelain pitcher. From the
effects of the blow Smith died and Gable
was indicted for the murder.
Tn case was called by Judge Falligant
when court convened. at 10 O'Clock in the
morning Judge Falligant has recently
been confined to his home by indisposition
and had not presided for more than q
week. Lawyers and court officers were
pleased to see him again filing his accus-
toned place on the bench.
Some time was consumed in the selec-
tion of a jury. four of the panel being
disqualified on one ground or another, the
state striking nine and the defendant
eleven. The jury. as finally sworn to try
the case, was follows
Lester K. Rotereau. Fred Kolshorn.
David L. Christian John N. Davis,
Charles Inglesby, w. c. A Dierks. r. G.
Fleming. Daniel Connors. Samuel l.. Out
ten, Henry Levy, James Welsh, c. s. Con-
nerat, Jr.
In the absence of the solicitor general
Mr.. Shelby Myrick appeared for the state,
while Mr.. r. l.. Colding represented the
defendant. The acting solicitor general
stated in his opening speech to the jury
that the evidence in the case would show
that the blow had been inflicted by Ca
BILE upon no reasonable provocation. and
that he would ask a verdict of guilty.
Fred Askew testified for the state that
he had been in the mess hall at Fort
Soreven, on Tybee Island, on the night
when the fatal blow was given. Smith,
the man who was killed, had been drink
ing and he and Gable had become involv-
ed in a wordy argument on the subject
of a bicycle ride from Savannah TO Ty-
bee.
mutual abuse between the two men and
that finally they had jumped up from
their seats at the table and started to-
wards each other Smith was so drunk
that he had to support himself by lean
ing with his hands against the table. The
two men met halfway and as they had
almost reached each other, Smith STUN
bled and fell.
As he fell said the witness, Gable
Of he haaA xxsitAa
a pitcher he picked up from the table
The blow vas repeated and the pitcher,
At the second blow. shattered into frag-
nents. Then Gable struck Smith several
times with his clenched fists.
These were the facts relied upon by the
state to make out the defendants guilt
Of the crime of murder. The evidence
Of Askew was supported by that of some
additional Witnesses.
For the defendant. ]. Finlay testified to
story of the homicide that differed in
almost every material particular from
tfat of Askew and the witnesses for the
state lie said there had been bad blood
between Gable and Smith for some time
or rather that Smith had persisted in
abusing and annoying Gable in every pos
sible way and on every possible occasion
smith was very large man, weighing
about 200 pounds. while Gable is a very
small one, weighing about 100
When the row started at the supper
table, said Finlay. Gable several times
asked Smith to let him alone saving he
WISHED to have no trouble. This seemed
brt to inspire Smith TO renewed attempts
TO annoy Gable. Smith wanted Gable to
come outside the mess hall and fight the
matter out. Gable refused. Then Smith
started round the table after his adver-
ssry and Gable rose from his chair.
AS Smith approached him. Gable warn
i'm rA.aff 30
ued his advance, at the same time reach
Ing and securing some weapon or other
article from the table. AS he came within
striking distance, Gable picked up the
mix pitcher from the table and struck
smith twice over the head Then he
jumped Smith and the two men. clenched
IN each others arms, rolled on the floor
together.
When Gable was placed on the stand
10 make his statement he told story
OF the homicide practically identical with
tnat OF F1nlay. He said that Gable had
persisted in annoying and abusing him
ana was constantly endeavoring to pick
night with him. He had passed over
THAT Smith had said and had declined
mis- invitations to fight.
On the night of the fight thew did final
~ nave, Gable said Smith had been ne
cullarly annoying and insulting. and thar
ne mad then told his tormentor he had
STOOL all that he could. With this smith
started for him. and Gable picked nm rho
pitcher As Smith came closer. ne warn
ed him not to advace further. but the
advancing and threatening movement was
continued, Notwithstanding the warning
MT smith was much larger man than
am" said Gable. land / felt I had 70
protect myself. l struck him twice vim
the pitcher and then two or three blows
with my fist. Then we clinched and fell
10 the floor together.
After we were separated and Mr. Smith
had gone away to have his wounds dress
ed, he came back and wanted to have an
other night with me, but l declined. and
ne was induced to go away. ! am sorry
mat had to strike him; | did nor in
tend 10 kill him; my only purpose was 70
prevent his inJuring me, as | was sure
he would have done had not used means
10 protect myself against him.
The arguments to the jury were begun
before O'Clock and continued after the
recess for dinner At o'clock Mr. Nv
rick concluded his final argument to the
jury, and Judge Falllgant then delivered
his charge. After being out for tb,rtv
minutes the jury returned with a ver1ict
OF not guilty. Gable. who has been under
arrest since the homicide. was given mis-
liberty.
PERMITS FOR BUILDINGS.