The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-17

rHE PEOPLI'N CI>E CLOSED AND
THE DLTENCE'N BEGJN.

THH DLfiNGI'N BEG IN.
The pri.nnor Traced to thr Tank where the
Natth and Pi-ioI were Faund-The uc-
fcuce tnpenthme the Peoples Witnesses.
JouNsrowN. y. Y, Feb. 1G.--1hc couclU-
sion the testimony on the part of the pcoplc
was reached thi, morning. and the opening Tor
the def nee was made bv JOHN ". & rr1n. The
nrst witness called 10y the prosecution to-day
was - nj rill,han. Tor two wears an employee
DOE th" d. factory. lie testified:
Al s.su. 70 e'e.cS 81 an ey.n.ng shortly sfsT n;
VS. n.,r T,t onir8rre I, 10 = 5on.e orers inf5
ihc igu7 room. AA.1 l- situated bctwoon a. rctort
N orr sic cacu othei Tac prisoner came into the &C..
ZEN nI ucs in the door l,adns into pump room,
O. anp' tri ".s waiting Ga cu-' iuct aii, 30. -
door vas lt.ret. sni ddat hear .,i' optn. went
., '" oo ~ WIN nd r' S. NM ~" ckrf bnt
found no ne ih,r' wa, dense scam r ing from thr
On cross-ex animation witness said that the
prisoner had been in the habit OF frequenting
the gas house. lie had heard that Smith was
suspected. but did not himself suspect HIN.
John Commack, night watch at the gas house,
testified:
At about II o'clock on nc second sanlav n'rht af'er
tht homici' inc PRISONER ,atii NJ ~. muse. and
sftcr slp. 90 rotor room won't a. iutV the tlns
room ana Inquired 4 ne ihe deph u ihe tsek. tod
him u ~ =. c0us cred 70 he we've feet oecp ne was
hin throw au' 'hng 10 tir tank.
On cross-ex,miuatinn he sid the re was = gas
jet l.i'el in the TUX room. and the prisoner
dii not 20 within ten feet Of the spot here the
wstch and pi.to were found. lie had seen ohn
Yos', Creighton aui twsntynve others around
there. hut not previous 10 the hnding OF the
Dmicl NJ Crci.ht1n related the discovery of
the psi ! on thv 80 INST II was drawn from
toe t. nix IN the ihird trial.
Nr Htv. testified that no silver pieces were
found u the ruhtish 1t the hank. \ lttlc Image
worn on Nost- tcl. wi'h the articles t7ken
from iis uo sct. was identified. The coat. In
the y cket, which was found the Aev 70 the
uark. sea-. lcit iu bis bedroom when he returned
nom tire nauk tud changed his clothes.
IaUftrIIu /. J,fnrs sworc fhat on the after
noon uiiur tu tie 10 micide Npsi exhibited IN
his iwi'nt 49, store AZ lCa-f one silver dollar and
several 900 Her pieces taNen from his right hlnt
81 u.- point counsel for prosecution rested
fh.Ir csc. lie eXitessiun in tho testimuni u
trhar. supporting To- have been made hN smith
n,trI.. the ,u -,ion directed TO witue-- ilul.
] ul t. 20 ws.t .cr the cHnver~nii "a vIfu fne
pl. Oh 1 ',hicn ue repeated related to gambling.
| OF f.e defence. lie reviewed tho theur, OF tie
pr. .,' li.on. and gave thc loading points the
! dcfru,f wUuit ,ttcmut To establish. lie an
| nNun. eu Kat the prisoner wuum TO- called to
tle -..Ii. "ud char-ct the jury a. some icnsth
| g. -if, A.pi -. inpartial hearing
! be- er Mat 'ws, John Dewey. AM several
/ ot ..is icsuhe ~ regard 20 the scit4rs oi the
/ is...- AMI 81. lp.t GA F,idav anl S'tiri y,
/ The fI ..l feet ct whic,, W. to thr,w q new
/ colorn- un those prnvun = tue rroseca tian.
Ni., ll.li@ stevens testified that snt called
! on h,r on ilGHv evening aud SATURDAY, and nad
] or TIC same Cd the uu hni1 O. 'caSlpn-.
EiN ni b.ii,icr end several others testified
! r".a- IN W. 'usp' ii'u' 10 tini 'iaii-ets
90 n lat y tNc ank rud IN oiher places ~ town
/ hrtwe.u II .ui " o'clNck on Friday night. one
witness tu the fact SAID On crosse xaintnation,
/ % he was s'"udin- ia 'hc Tx 81 street
! l..up wien ue raw the s'rtuc'r. lie could not
see his lace. put he had on a snui -coiored ,uat
! sever witnesses we're ctled ftnm CJukllu-
! vile TO imp"ach the testimony Of Benson, the
/ fellow prisoner with Smith. VINO = We the most
dana-tns evidence d.Aiurt the irIsvner ~ the
! mr.. These. = go smiths mother AMI brother.
! testified TO rcp,at'1 decar. tiOas hY bens ~ OF
| the prisoners Innocence. The mo her dcni' II
! me whole OF the c1nNetsailon a'ieged hN zen
"a /" have occurred between herself and the
riisnn'r. Most Of the witnesses on this point,
except tie mother ani brother u The prisoner,
| wore much confused on cros- examination IS 70
the exact language Used hy henson. As the
! cnafIe Of haserins the Innocence OF the pfis-
oncr was SUBSTANTIALLY Acknowledged b, Ben
| son. anu bis aversion 20 appearing wiiae-s
given A. reason for IL. the witnesses Il the de-
! fence do not materially Affect his tes,i nony.
! ID avid >cl.u-er ami Ambrose L,npman tes'i-
/ lcd tina Peter Bee had confessed to them bis
Inability to idcu ify with certainty the SILVER
! pieces given hY him 10 Y 81. although tie was
! conadert IN regard - one 81 them. h later
witness s 81 mat iiiee had denied TO him the
ira'h " i1e reVor; tlat ne could identify the
pfcc, positively. 1nd that his toV, six years old.
! (. u.i p.,. b. ut u lint u silver
Z ser heaelr. Eugene Van Antwerp. and 9th
| el-. -llI Aureii n Peck o. have been az the
t!lv,tt aoui IL the time NDsf invited the parf v
! 10 DRINK aud SMITH said ne would line 10 cut MS
ttr'.'. -N"e That tDey remeninered a. IA
cir ..Ds ascc. on crls--' Nl'nintitpn los Mr.
@mitA. me recHlari'i'. 90 the memories OF
tuts- wifH.- "efe e1rosed.
ne G. .,c tof the defence develops much more
! rapidly th-n did th.t Il tue prosecution. lheil
pUUcj -et.Ls 80 lie % iEIcl-I AL fAe iuuo rianl
witnesses oi the presses .ilu By nat con'rddlc
tio4 u their l. suia"n>. tA7 attendance l. una
uatel, a.u two-tLlrI- of TIE audience TO-DAY
wa composed 4 TAI s.. lhe court djJurae
i % tie cal' hour u morrow.