Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-04-26

Is he quarrelsOme when sober?
I never saw him any other way but
drunk.
@. HEuMBACH.
g. Heimbach, sworn, said: keep ga
loon in St. Paul Sixth ward). Knew John
D. Smith; knew him five years: saw him
the day he was killed; he came into the
saloon; said he was in hurry; took schnit
of beer each: he gave me 10 cents; he went
out and came IN again in about ten minutes,
took another schnit, said good night, and
left for home: it was about Z o'clock. Don't
recollect Hayes being in my saloon that
night If Hayes WIS there when Smith came
they would have quarreled, for they always
did when they came together. Burch came |
in after Smith went out. Hayes came in
next morning about eight o'clock and
eaid sGodfred, we are paid now.
Smiths found dead, we'd better 60 down and |
have an attachment on his wood; Smith |
owed me money that he borrowed; lately |
Smith and Hayes would quarrel when they
met; Hayes owed me money; he was quarrel
some when tight; always ready to fight; he
used always to say where he was going when
he left Burch's, but when he left the day af
ter Smiths death, he went away and did not
say anything; don't know where he is now.
coRNEL1A SMITH.
Cornelia Smith sworn, said: Am the
widow of the late John D. Smith; remember
the 25th of March; my husband left home
about o'clock to go to town; said, shall be
home early; he took a load of wood; said
shall try and collect some money to buy seed:
got supper at o'clock; waited till 8
for him to come home; then ate supper; re-
set the table for him, and sat up for him;
| about II o'clock heard the team coming:
made tea, and then went for the stable; it
was dark; could not see the team,
but could hear it; it had stopped
In front of the granary door; before getting
to the team it started; thought it strange;
went and found no one with the team; it
stopped at the stable door; looked in the
wagon; all was in perfect order, but no one
there; the lines were over the bolster and
wound once round the stake; tied up the
team and called my nephew; we both went
to the stable; he unhitcbed the horses; it
was raining little; took some of the things
off the wagon; could see where he had sat;
the blanket seemed warm the sack of -four.
his coat and blanket we removed and started
to find him; went half mile. and turned
back to neighbor-Mr. Anderson, and
asked him to go to find my husband; he
harnessed the horses and started; never knew
the team to come home without him before.
About o'clock in the morning saw the boy
coming; met him; said he had found his
uncle. asked if he was alive; he said no.
Here the witness completely broke down,
and it was some time before
she could recover. She noticed
the wound on his ear; there was
blood on HE face. AS put my arm over
was that he had not been dead long. My
house is 10 miles from st. Paul. My i'm
preston was and is that he had been muir
dered. NV first thought was of Hayes; I had
heard my husband say that he had threatened
his life-it WIS in the fore part of the win
ter: Hayes had worked for US. My husband
spoke of Hayes threat more than once.
There were in the wagon one sack of bran.
two of oats. one of flour, and two sacks
with groceries in; there was spot of blood
on one sack of oats. and spatters of blood
on the same sack. Witness described the
position of the sacks. showing deceased fell
back on the sack Of oats where the blood
} was.) There was blood on the sack and on
the spokes of the back wheel.
The sack was produced, showing bic
!; splotch of blood on the center of the sack
and several small spots around it.
Witness-Tbe blood could not have come
from contact with the wheel there was one
:
duced): his clothing was not torn nor rubbed
by a wheel: no mark of a wheel on him
7 anywhere. Before he left home man paid
him $40 out of a debt of 800 that he owed
, him. Witness described what was found on
the body. In his pants was silver quartz,
and two knives in his vest. three cigars in
his coat pocket, a packet of smoking to-
bacco and a bag of chewing tobacco. his
purse in one vest pocket with dollar il
parer currency.
? One of the jury asked witness to state
! what she knew of Hayes. She said he Jeff
1 in April. year ago j: had no trouble witt
him while working: left and went to Croft
3 to work: Smith measured the wood HAYES
Q had chopped; Hayes was dissatisfied will
e the measurement; there was dissatisfaction,
I also about hoard. When my husband tolt
me of the threats made by Hayes, told hin
' did not like his going alone to St. Panl
He said. "Don't give yourself any trouble
Hayes has gone to the pineries.'' He I'm,
}. husban6 was in town the Saturday before
Q and when he came home, asked if Haye
b was back. He said yes, and he was yer,
h drunk.
a WALLACE SMITH.
n Wallace Smith sworn. said: Am nephew
o Of deceased; live in his house; was will
It Mr.. Anderson when the body was found: tn
b body lay about four feet off the road: wa
r lying on the hack. full out straight: hi
I arms by his side; he was dead; we pickle,
It him up and put him in the wagon and tool
g him home; there were marks to show he ha
10 been drawn out of the road. and track
l showed a team had passed. turning out of th
d road; that team had turned off on anothe
n road near Mr.. Wallis house; there were
n good many foot tracks round the body; m
II uncle's team would not run away: it an
e peared to me that he had been murders
IS there.
u. PETER ANDERSON.
Peter Anderson sworn, corrohorated las
:: witness, and added that he saw light in on
J. of the shanties when he found the body
t went back to the shanty before touching til
l. body: called at the shantv and asked the ma
|. to helm us; Mr.. Smith ia dead. "Dead ~ b
II said, II saw him yesterday noon go by with
e load of wood;' asked him If he hear
|. a noise; he said no: he was up to IL o'cloc
8. and his wife to IL o'clock. hut heard no noia
J. nor team go past; he helped us put til
k body in the wagon.
II A. D. COLE.
II A. D. Cole being sworn said: About 8:3
on 26th Of March I was sent for to 90 to M,
Smiths house IA he was brought home dead
1t went and saw him covered up in the wapor
!, saw blood on the side of bis face: saw tn
10 cut in the car: appeared as if cut with ston