, 1877-01-26
SEXTON---SMITu.
Charged with Murder with a Bill.
iard-Cue.
The Question Is Whether It Was
Prod or q Blow.
The Jury Directed 10 Bring In a Sealed
Verdict THIS Morning.


man.!zughtet, for the killing Of james II.
Smith, cainc on yesterday. A jury vas secured
without difficulty. sr. Mills stated tho case
briefly, to the effect that at midnight Of scpt'
%, 1876, deceased md defendant were playing
pool together at No. eli South t1a!stctl street,
nn1 that In quarrel, The defendant atr1cls de-
ceased across the head with Il cite, from tho
effect Of whlcl, deceased died in five houra.
AIr. E. II. 3icCtanal,an defended the prisoner.
PREpEHfcA nLAcK,
sworn: On the eth of September, lfvctl at No.
2i7 I1atsted; kcpt Il saloon there; kncH James
Smith; knuw defendant; saw Smith and DC
fcndant at my house at o'clock, sept.
FL, 1915: Smith ca1no In flrsti Sexton
Game In afterwards, with tllrco more; told
them wanted to shut up; did alliit up, hit
E .sx nt ao 60 out IL They payfdm mpf@ mppp e a,a
camc IN a''out II and went out nbout at
told tllcn', they must stop playing Tor wa
frl.htcnc'l they said the game WIS moi i'nsscs''
ts1 @ i sse seyon na tsa sato ~ wss ws's sta
Mt IN side door; nskcd him Why he .lsln't go;
lie knockcd me down; Smith tald It WIS
sllaInc 10 knatk woman duwn; Sexton ttI'ick
i,rd.c,1u; screamed, ansl Scxion threatened io
knock mic down ngalf,. Il policeman caFnr, allil
ai.o some VI smitl's friends; asntth died Mt !
III the nl:orningi soxton knocked inc down onee
'rIt2.7 Iialstctt month after THO murder,
because wanted t, f1l1yc awayi hal sn(ou1,
nml pool-tabe OIL tho f'rst tlo"r.. Tint night
there were prc:cnt nt thu light on'y smith, scx.
three ,nct, went; ! dllu's know their nnincs;
knew their faccs; only Knew Smith aud Hex-
ton by lla,ur. The men lad been drinking dur-
Inc tic ponl -ae; dtan't sec any oIe ar1K;
down ordered everybody out; didn't take
didn't tnkc hold of ll!s collar; liz took INC by
tlie neck md knocked me down; sln'tll sall u
Ing. never tnId sfr. WaFd that Wien sexthti
tn0k up the cue, Smith llat1 chair suspended
uyer lin; lint wOul!tt'c lfa; saw tic blow tc.
lie enc by tho small end and struck aerpss thu
pool-table; Smith fell: then sextol tried to
strike ne ngain; Smiths llca'l lfd not ftsikc
" table; le lay stll On tho tloor anti h.
they e' lifted smitl, a'ld washed hlni;
va, .sek asse$ nsyer sSs toll III nj. War tist saw
SIu!tl strike his head on box OF r:lbbstl ns lsc
policeman ca.no; he Ind dropped thy cue, be-
furc tuklng hold of nle tho second time; MFa.
Egan came [n al,out 1e; sic ha6n't very Cond
character; Smith died III my house; we thought
ilrfuru ttr GoruI.cr TINT 1 Ind four Or five
EIasscs Of beer that night; Enadc i mistake
when tati wns standing up ut tc tlInc nf
the blow: was lying o,' tue flour and trying to
atltag,l-tnh1c was hctwce', me anu Smith: was
c1asc ia Sexton. .-..
Q.-Do you inyo any body but men tlcrel
tl.-Dk,n't ynu give palli Ayes.
t{.-1ss,e tieketSi A.-No.
SUITES Attosncy-I tlun't see tho object Of
this.
this woman had dances and kept that sort of
hUuaG--
Witucss-You nrc u mca., lh.r; you arc TINT
aurt OF II tlousc yourself. (confusotl don't
allow that. Yau can't talk lIlio that.
SIN left her fcat nitl was ordered !'ack by the
Judge, wso rehake1 lcr aud storrcd tho lt'c VI
examination. 49,.
The wl,n.fs-l was getting up, ttom tlIe floor
| whrn slw thu hiow; II fell on Smiths cheek;
thu hole III The l.cud WIS discovered afterwards:
| keep herr saloon, nnt gave ohe CONCERT
wheu opened.
| policeman, swtlrn: Arrested Sexton Mt the RtIo
tIur of the enEO0n; lle said nothing TINT hight
about the bluw saw him Mt II the next MORN
i"E; i,o saist he struck S,n!tl, heca'sse Smith
rS E2g t. stFXs r.. @ "en tv srrestr" ~ p
ling nj tic door Sexton said he struck smith
| vita q cue. .......
Thcro wus ITO resistance to tbs arrest; can't
nay whether Sexton SAIL hu struck nr punched
| smith with tbs Gle; arrested htxton Ut E:4O,
md hn!f-afl-ln,ilr lnlcr vent back; Smith sfnB
sitting IN chair tn tho hack roDm: lo had u
lnnron Ills check; hc sa!d Sexton struck llinl !;
| tllcru was Il little blood there.
| !. X. KEELEn:
reside ut the Gault llulse; heard Sexton eay
Mt the station that he lad struck sml' wltl!
h!l!as.l-eue: enw smith; !e had hru!se tn tho
tcnplc-an fndcntatton; when 1t was opened
faw tho homes werr broken; saw Smith at tho
| salnnn; lla was lcad. ...
Tha wound was On tho forehead, over tho cyc,
| IN tlle right or left side, don't remember
which; l saw II before the poat-lnortcn1 exanl-
| lnatlOll.
WILLIAM 1roHaE.
reside ut 52 South Hreen; knew Smith, nnsl
| snw lin ht thu sa0on TINT ,lght; I, Sexton,
sextNn's, werv playing pool. Ws played uut3l
o'clock, aud III VIC wcre golng Sexton lIatl
rome wards will. Mrs. Black. Wa wrnt around
tho square, and when We get hack wc hcar'l !.
man lad been Killed, ats,l WI locked IN an4 saw
HMlitb, Mrs. black anl ii 1nan were TUX lug raro
u him; We took him home, and when !ic g:t
there he sslln't want Ills nl0thcr to see him In
| that cunlttul., 30 vi took EI,n bark.
Q.-Whrre Is Ills snotberl A.-She u dead.
| statl Will, him Until hc dtetl;. nuthing llap.
| pcnc,l 10 him while VIC llal blui: hc didn't fall
down, asil No accident occurred.
When saw lllIn tn tho SALOON they wcTc hit.
tng hin, frum the tIooF to . chair. Wc ha.!
| buen ynEc for about ten minutes. | had mt
sexton IN tho saloon, hnt sthi not hnow him
very well; le and smith associated together
tween tssem; I have sse. tsseu. .s!nk. together
supposed they were friends; don't know wl'at
| 8cxtotlfs hust1lcsais.
Aluert J. Kidd HI Davld Goodman testified Ia
nt,0ut the sumo fucts.
! Dit. n. r. NoLDES.
Am County Physician: saw the body q!
smlth at thu saloon; f,o VIVA dead; examined
| the bDlyi thcrn WAS MI abrasion t,n t!,e iglt
stle Uf tte faru bcnw The eye; 1t VIA superb
,lat; ttat was al sur externally: On sSa,!i,
luz thu hEa!n fnl,nl q frAtturr III thu skull at
HIS s!sl.. tem,,!n; tho break. WAS ~ i'ss
sqaaFe; ther1 WA internal hc'norfhase; y
large clpt of blood pressed Oh thu right ictlt.
phcrc vi thu brain; that was the causs Ut death
IT, bone gu ,'ot penetrate the b'alii; II ~4a
DISPLACED but llttlu: tho Injury WIS FROM i
blow OF fall; IL would not require 1nueh Yto
leHGe to produces such Il fracture; d how fr0t,
suit.
A fall on the corner table or Il hox would havc
produced It found that fracture hY uccayntn
pressure. rho deceased I.a't an unusually thiI
Skull. don't thtNll thu fracture rtlull harc
been produced by u lu1l on The tfoor. THE aLrl
ei1n on the check might have been cau.eI by @
This closed tls evidence for tho prosecution
ail', atttr recess for dinner, sIr. hieClanal,a,
opc,le1 for tho defense. stating that hs would
show that ssxton Ind only protldcd smith vii,