Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1875-06-29
The Investigation.

Smith for alleged completely in the muir
der of Miss Marietta N. Ball, was closed
| Wednesday at noon, and resulted in the
most conclusive vindication of his nno,
cence. The testimony establishing an
alibi was unusually strong and convinc-
| ing, and for the benefit of our readers,
and as an act of justice to Mr.. Smith,
we propose to review the evidence sub
mitted upon the question of his where
abouts on the day Of the murder
In the first place, it is generally con-
ceded, as testified to by DR.. Branch
that the murder was committed at about
ten minutes past four on the afternoon
of July a, 1874 Mr.. Smith on the
morning of that day, came down to his
Office where he stayed some little time,
aud then went to the Welden House,
from which place, at about IL O'clock,
he started for ride with Mss Waite,
daughter of the Chief Justice Of the Su-
preme Court of the United States, TO
the lake at St Albans Bay. This fact
is testified to by Mr.. Lavender, the pro
prietor of the WeIden House, who saw
him start away; ty Mr.. Smiths sister,
who accompanied h!m and Miss Waite !;
by William Lee, the Governors coach
man, who drive the team that conveyed
the party there. aud by Mr.. Smith him
self A; about one o'clock Mr.. Smith
returned from his drive to the
WeIden, leaving Miss Waite there,
which facts are testified to hy Miss
Smith, Mr. Smith and William Lee. Mr..
Smith then testiiies that he went to his
office for few moments and then went
to his home for lunch. la this he is not
corrobOrated by any ether witness. At
about two O'Clock in the afternoon he
came down to the Wclden House with
his friend Mr. Cook and stayed there
until about five O'clock This is shown
by the testimony of the following wit
nesses: Mr.. Lavender, who saw him
come into the hotel with his friend
about o'clock, and asked him in regard
to some lettuce that he had sent for by
him. and. who carried Mr-aSmith's card
about o'clock, and who saw MIR. Smith
there at little before five o'clock, and
told him in reply to his inquiry that his
friend Cook had gone up 10 his house a
few moments before.
Mr.. Robert j. Cook, who was a guest
of Mr.. Smiths at the time, who came
down 10 the Welden House with BIN at
about O'Clock, where they played scv
eral games of billiards, and who left in
the vicinity of 4 o'clock TO go into the
barber shop, and who on returning TO
the rffice between four and five O'Clock
was informed by Mr. Lavender that Mr..
Smith was then up in the parlor cnnvers
ing with Miss Waite
William IT, Hunt, who saw Mr.. Smith
at the Weldon House and had some cou-
yersation with him about the party that
was to take place that evening, AT about
4 o'clock, he being able to fix The time
by having made an appointment with a
MIR. Eddy to meet him at 4 o'clock, and
remembering that he lett Mr Smith and
proceeded directly to keep his appoint
ment with Mr. Eddy. -
And MIR Smith himself, who testified
that he was at the Welden House during
all the time between two and five O'Clock.
At about five O'clock he left the Welden
House and went to bis own home, where
he STAYED until about half past eight
O'Clock. This is cOnclusively shown by
the testimony of Mr.. Lavender, who,
when Mr.. Smith came down from the
parlor, told him that Mr.. Cook had gone
up the hill before him and saw him start
out of the hotel to follow his fliend
By that of William Lee, who was
sent down from the house to bring Mr.
Smith home and who met him going Ia
the house at about five o'clock
BY the testimony of Mr.. Cook, Mr..
Edward G. Smith, Miss Julia Smith and
Thomas Roden, the family butler, who
each remember that George G.. Smi th
was at home from five O'Clock until hall
past eight, from the fact that he was
there assisting them 10 improyise dress
suit for one Mr. Jencks, a guest at the
house, whose trunk had been lost, out al
extra suits belonging to George, hi'
| father and the rest of the family, anc
by the testimony of George himself
who is enabled to fix the time and cir
cumstance, more particularly from the
circumstance of procuring for Mr.
Jencks a dress suit as detailed in the tns
! timony At about half past eight Mr.
| Smith went to the Welden House To at
| tend party there where he stayed unit
| quite late in the evening.
This is shown by the testimony OF
Edward G. Smith, Miss Julia Smith
Mr. Cook and George himself, who
each testify to his going 90 the party
and by Mr. Lavender, Mr.. Stanton,
William ii. Hunt, Mrs. f. :. Stranahar
| and Miss FANNIE Duicher, VINO saw II
at the party at about nine O'Clock, ant
afterwards during the evening.
The day when all these transactions
| took place is fixed upon by all the wit
nesses as being the day in the evening o
which party was given under the aus
pices of the Arbor Vitae Club at th'
Welden House, and by the records o
the Arbor Vitae Club and the memoranda
made by MIR. Lavender at the time upoI
his diary and on bis hotel register it ap
pears cOnclusively that this day was tn
eventful oath day of July, 1874. Whel
we consider that the scene of the muT
der is at least three miles from the We
den House, and that the dark deed wa
committed at about ten minutes pas
four in the afternoon, it will appea
how complete is the viHdication of MI
Smith from all connection or possibilit
of connection with the tragedy. A
that time he was sitting in the parlor c
the Welden House conversing with Mis-
Waite, having been seen by Messr'
Lavender and Hunt at about fou
o'clock as he started to go TO the parlo
and by Mr. Lavender as he came frol
there, in the vicinity of five O'clock.
st. Adams AdUertiser.