The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-26
LEGAL INTELLIGENCE.
The smith Homicide.

Continued from the first page.
Witness fesumed-Luk ems has threatened TO murder
there.
Judge Ludlow said the evidence must be limited TO
Mr.. GoforthHf offer to prove that an assault with
iendant. serious injury done him, ana threats we're
AZ IHe e eGwars that h. wond do Smith
deadly harm the first Time be met him.
9: What was Lggsens manner man when he made tn. the
6e was Yyerv Violent; he used very bad ianguage
threatening him; saw the knife; he had it in his
OF small table in addition to the knife as a weapon;
say R e a he Would ee % m aS ne WI"
Q. Did you know that Lukens fugitive from the
Objected to- and objection sustained, ,-oo 49,,
Cross Iamined-l have lived at No l728 Cox street
tmatey for a long lime the occurrence was ON the
street before that time; he had visited me before
lived theIe couldn't tell how many times he visited
house in Cox street before that time; l lived in
rs % was was @ Never P'2re n that RoTse yed
there three weeks; 1 hadn't been living in the
band; he brcklayer; he works in the city; have
the house before the occurrence three or four times
he not in the house in Fibert street; this occur
uttered the threat while he there, and when he
left; Smith didn't say anything when the threat was
made, neither time; my husbands name is William
Re-examined- What became Of the knife?
Objected to ana sustained.
servant were there lady was sick in the front
the hall he followed me into the yard; smith didn't
60 nt9 5he nan wth me Wes 1a torebe 59e Gg the rs
thing Lukens did when he came INTO the Kitchen was
IuRens and me; LuEens said, / viii kin You Oo
Smith smith couldn't do anything @ th@l AZ tRe % LpEehs m ems
throat: he then stabbed MIN IN the heaui smith S
tempted stab him the second time; Lukens
% then pGkeS o up po the With Sa m Luens De then struck
me with it, he Int smith again Win i u h SmI.h & was
Eukens went out Of the back door Lukens said. as
smith was going ont ne To9iG @ see ,n h agh @ 55 H3a
say anything while he being stabbed aud cut.
Mr. Goiorth t said he wanted to show the extent of
Mr. Dwight objected, but the Court did sustain
him; ,roooodod. saw Smith betyyeep ? and o
O'Clock the night the injuries were received at my
house; he in, and his back was all covered with
| blood that came from his head there was cut
there: il look like the cut OF knife 1t about
haif an inch long / don't know how deep it was
got water and washed it of; Isent him to doc
Wiilian Rnff swornEI Sm a stevodore; was in
| Quigey's that night Lukens was there when went
| to be very drunk and quarrelsome ne wanted to
fight every one: was standing about foot from the
mine had the door a-jaT; we we're going out;
are a little sucker" turned around to who he
| was alluding to; saw SmGh L was facing hlm; l
| for now he went towardsSmth on rapid walk with
his right hand 10 his pocket ana his lett hand ex,
tended as II he was gong ic,g 10 gve soIhmetnng; h @
towards Smith, who put up his hands, and said You
person sung out, in the back of the to
make much noise; think it was Quigley as turned
! my head towards the back of the room heard the
| report of pistol at that moment looked towards
the Second street door, from where the report
| appeared to come, and by the smoke thought
| Il was Smith shot, Lukens, after the
| report OF the pistol. went rapidly for the bar;
he was very excited he made grab at the pitcher;
1 am not positive that he got hold oft not
| one, think the bartender took 1t away; somebody
then got hold OF Lukens. and went with MIN towards
| the back door he said 81 shot" he taken
| into the back room and went out
| The witness recognized Gilbert who was requested
to stand up, one of the men in the bar-room, but
| didn't him have hold OF any one.
| on crOss-eXamination this witness substantiated
what had been previously testified to by Smith Hus
ton. to the coming in of Smith, and the distance
Smith STOOD from the door; didn't see pistol or
| billy in his hand. .
| Dr. Kamerly sworn-I know Smith; he called
upon he was suffering from partial paralysis OF
| The Court then took a recess for ten minutes
| Court of Common Pleas-Allison, p. j.
| Registers Court business was before the Court
| to-day
| supreme COurt-Chief Justice Woodward
| and Judges Thompson, Strong, and Agnew.-
| The following cases were argued:-Dtckerson
| VS. Dick erson, American Express Company VS..
| Davis, Hamilton vs. Wheeler, Conroe vs. Conroe
| ct al. submitted, Wells VS.. Smyth, Brown vs.
| Omrand, Township of Royal Rock VS.. Wildwood
Cemetery.