, 1869-11-08
MURDER TRIAL.
Fourth Day Of the Trial Of Rev.
Isaac b. Smith, at Geneva.

Close Of the Testimony for tht
| Prosecution.
Opening Testimony for the De
fence. w.
| Special Despatch TO The Chicago Tribune j.
| GENEVA, Soy. 6.
the C1rcutt Co1rr, At 10 clock this morninK,-HIa
| Aonor, Judge Wilcox, on Eae bench.
The attendance was quite large. and the inter.
cit OF the ardIence IN the evidence was unAbased
! Several hdtes were present. The prisoner boru
ht1ukelf with h!4 wonted calm tIcmeanor. lie
listened to The evidence atteut.seiy.
There wna consideraale delay in waiting fer
sotne Of the counsel
TESTIMONY OF GEoRGk 4. BeSruH.
Nj. George II. Benton was recalled and e1.
amined By Nj. Jolyn- loupd no buflaio-robe or
ctshfona that night; the Ecxt day found the
cushions and AhANl On the poles Of the fence !;
they were laying up On the poles; they were on
the lung pou which EXTENDED clear across: iney
cushions covered viii Smooth teasder; |, vas @
cutDnpu 1enlher; cannot swear whether they
Ss pe bsng s 10 1e r. ee% o
'; no. ;te,sse fss:'sHsas s.: i VS.. 'has,; e.;
house 1t The tine; il aas stove-pspe nat; he did
not lose It; It MAS the usual height Of store p!pe
bste ! found no lsp.nautet; one was found
seUe Two :uon,hs srterWard- did NOT sec Smith
nj the house sfhcn ne Kot thtte: he Aa on the hat
when raw h!tu at the st1eam; he worc is Eunx
hDf IL hff1 a. nEkf Af1A. Hk
wore II text day. Thn inquest waa held The sceond
CAV alter the dfowntnr. Smith had on tue eannc
nhs hat a. thT f"heta; ai, nos not!ce tnst = Wa wa
blrc aL the Asr~am -...-
CsttAeroninut,ba tY Nr. Barry Ny tathers
ranle is William H. Bcutop, and my tnnthcr -
El!xn Rcnun: Mss. 5utth wa1 ny u.othcrA sister,
md my auLt; tne} o ten ytSt1cn our house Il was
In tttt ten SElth came to the house; he got TO
thtER heart was a scream rrnm srttn; l d,n no,
Vrt UP for 6Es minutes aftr hearing It; after got
dorm atars, NY father and emrh Teru gone. I
| RAW S1nthk ovclcOht 1ItEG under tree between
the honee and lhe creek: the cont Ras net !;
carrtcd Il 70 the house, having R0nc 90 purpose
70 st =: aawM & a.t wasn g gong to Tue crees.
| creek: ntked where thcg were, ~ could not
rec them; wbs standing thseo fcGa IRON thecEcek
sne, @ srr v or the new West sae q ahe tsnee whsa
got there my father requested me 10 80 Into the
| wnItr uth help smith.
Tte prosecution objected To the ltue Of cxami.
nntlou. nnl iong legul uiacusssuu eusue.L
Thr Coult decided that = rar1J's orn siatc-
mrntt, under certain circuln<tancee, ~ern atmIs-
atbc. utlJ, uudGr OILERS, wcIc not. III th!s CASE
,e stat t,lens wtrc not part Of the 5t,fa, and
| could not 10 Received. ..
Cra4a rzattiaafion Tt4u,ned: When got to tho
to1th side oil the creek and tho east side Of the
tetee, conItl Eee DJ tatner or Aun'h: ] ir1ct to
stc tsicm: ho!'sscd and sheJ answered; my
| TAFT rr arkwtre1t.
| N Bis Calt.
Objected tn and objection sustained then nni
| terersl times subsequently.
| ffoskf1ami1aft0n TfsuIhfJ: went 10 where
I ttey we're: welt TO then; Oh bot sHrc that I
c,ln beu over the irnco or vent AlooR tae bsuk os
aer III @ n.y. ia'aer M a,oa, sbrsc eet IN
;hs 'o.i,. Witch Va. detaseea fis@
81 the ssi1e Iltcu; ihluk he had roI Of smith By
orH haut and the s.oly b the otner: assisted
ms fniher IN tak!oK The tody ashore; hont KNOB
| that any one Fequetictllm1 70 do 30. Mf. Smith
! Nns very much exhausted hr appcateti TO he un-
ahle to get ont Of The water without asestanco;
aAtisscd him out oi tho water on 10 the oanx; cau-
Dot Ffate X u Smith waa snsDEstu&t: nrlpr him
| Ito the fu9ay my thther took me body out OF
the wafer; cot up to the fence hetorc raw uy
,s.hsr a. smss; tnsy were men sod s.aot:
| fore. The body was dressed lnf!Ark ciu,ninG. I
found the hcrse standing In the creGk; the haQey
was trlnteIed; d,d not see ino body nnlli Eot
into The ~hier, about Two fert ff0m It: the holy
was ra1l5 ont Of the water, NJ tatlcr noidtns II.
gravel, coorse aGd nne gravel, mixed: The 3enee
was Of wire, Stretched n'ong two lolts. I
DO ~ nst kno1 no..I now the ec1y YES attached:
ran over tic poles. liz tatnes found he ousgr.
rrbc afterwaid. and loud tha saawI hauaius On
the . 91 + IN bs hs .s,cn, wsr oae n,
unon the poles ont Of the water then. The water
would have 70 be te or Fix inches higher to reach
to the noles II the xa,er wss h,Rner the nigh lv.
fore lhe5 were found. A r'asaeol vas found: !
oid rot nLd It; ntsi saw It at tue house; therc
was rot trolen- l do not rrn'snper lady d
shawl having bsen found. Ms, SElhN hhLT!
was ttutd. weut to Elgin after the doctor;
got lT. Rnritrahne:I was not rolI to yct auy
particular ooctor. i Grove raply aad was awny
OILY eighteen or twenty nicutea. ! did net aet
tre ooetff use any efforts to feAu.ttate tue b0lJ
/ ] have trtFen the horse since the aCcId-nI
Tie r1tnre Of the sntmAl rs lc'ug !nqased IN
10: y ben Colonel Josl}n ohjcc'el
! The ohttcton vas surtalned.
CTo>s-tramfHaf$on rt&nmed don't Know Gen
esai JuiCS While. I did not hear aaJonu n1fdress
| ed hy thai nAtne ut the measurement Two Ero'
ntnen vent down to The creek wi,h tie Ham
| nobdH aud mteef. The outy Instrument they had
was o coMnOn tquare. snu~et them Wncte the
sse o. ' m . cno1e f. 'ns , ne.qnS m ate1 81
lec1'on- crvese.t the cfctx tsFre tunes beiofe
the ncrsdsnk Tne1e was 10 definite mark by
. a. ny recollection OF she hslRht Vas Roina
ance towaIds he so9.h when ! crs es1
tue creek It Was about O'Clock when cscsscd.
Ceul'! not a*e8r to The teptn OF The wRteE thep.
Thf n WEB DO mark when vent down that nfXn.
10 nx The depth Of the water. Crossed the Greek
thoLrs. morning: Ihe sst= Sa;e tasm 70 ~e9a1se ss
water that n.kat and The next morning. The
~Atcr ftll Altout ave uches turing the night That
height Of me creek The water was not very
clear that night, East Of The cfsage the soll Is
| tlAck nGck." ntIet with sand. The land rau.
rinE half lille from the hsldse Is hily and pE.'
cIpN&us.
Hf-a,rr-s 1t,amef: The coat was under a srec
| vi en- 1outd Il II was ten feet ftom ns EhRn
found It. Ii WAS 4 etack cnat. | WAS rrlnr2
| when saw the coA+. The water fell lFe inches
| anrlug The ntehf- ] Judged 10 IRON t1t Appear.
aEss Il inc role. on the fel,ce; The rates aoxed
! fce the hrighL Of the water on the poles sne
tirh, tefoEe. The waieF did not run over the
posea that night that remember The water
falls VI r. quickly. do not remember thr water
10 lall I've .tches in one light stacelsse spr7px.
fs.',esustt.asion resamtt: ~ ! never measured %
1ferv was some a!ae-bar' conversation, Thtea
| 1--we a. sne E !Nsa Janetion' Sn'Rf i an an en-.
t!nerr. know SD,tr oae year. I DO moi
ra to his church; know his hoEsc; hsve ofteu
tetn sn.Nh .,rl,iss him. s:o Or tn1ee riae. .
week; The buggy IS covered one; have seeE
Smith oHsc the huugy I'm the too on one mout
teiote ,he drown1ts; drove with hloito Intnvls
] do uut fetLenher seeing smith at Ill after &1s
dsuwE,rc: did not see the huGRS afGr. I have
ridden bennd the horse: the hcfre Is not ugtY
IT, va. "a. not esT re1ces1p by sisn t, - PAPER
for him; talked With him rereAsenly abont tnt
insn7auct: the orst conversation be MERELY sf1ks
st0ut the ip.ufa1ce:, short time before m
be- be had not applied for the acc,den
inAutz, ce, ss It w1ntd not be in COOL taRle 70 lt
10 10 soon alter her lpaIh We err talking nhou
the Insurance on bis wife; aate.i h!m how macl
1t hsd Gu his wife; he Itpl!et, E.tJo: he spok'
ri hav11G an aocident policy on nef life; ssket
him what the a1roan1 WAS and he na,d $4,000:
nevef signed paper for him personality; hsd
conversation wlth him after signing paper TO
him. fhirE Saith did not see the cOmmunlca
lion sxl ed, With others. uutil atEes It was pah
fiabcu, n!i not kpo~ then hts wife Wal tusutet
huus.,, tic SECOND nigh, after The tlrorntnR: h
i tu,d NE part Of tne ctEcumstaceeA, that he cA11
utnT f-etnE tEo~ned hlnseu: tnar he barrel
etesred With hs ute: &c sssd ns sea5eaed Tor n
conttP, bIi II turned Oct to be catte Grazing; b
said he got out on the sha!ta and hts &le sid Ih
tetr 1alnf he A;cppsd back. sent oEeEhoafi, 90
enIare!ca IN tho lines, and when he carne 10, hi
THE nAx r1ra1,1Axpxp. -.....r
The Court Irrr1manded the whole batch Of law
Jets fer " stls-oar'' eloquence, aRd tareatenet
ESaminui,cn Fesuned: He eatd be called hi
wife . name, and screamed tor neir; be said h
looked for ter: i do not recollect nts haElnz any
not e1nGtIe the BODY.
cru.a ezarsn~d By Major Bar,v: lie s1.d h
! cane very near dro~nuE himself; he told me b.
! bxn IN accident I.oiicy on bis wife amounting II
ss,.V1; he told ne had life and m Incident IL
| FIrapce on her; an not sa1e Il wnk life Iusu1
| apce, or Accdepf, asked him about: the conver
esiwn !ook psace about week before he receive,
The t3.tta.
TIE hsr had another little susa1e At The conc'u
!, .!un VI this witness es1tenee.
EyIpkkCH or u L 6uEIA~0K1H-
G. s .snuEhunFfh s,eura, and exa~lnef BY VI
.Js-;sh: lse IN algonquin: knew Saith thet