Morning journal and courier., 1880-01-30
LOCAL NEWS.
EFor other Local News see Second Pae ell
The Smith Murder Trial.

The Smith Murder Trial.
 DeRense-The Way Pierce Broke UI
 Smith's Family-Evidence in SuppOr
 of Previous Good Character
 The hearing in the case of the State vs Jacob Smith, charged with the murder oi Charles Pierce. was resumed in the Superior Court room yesterday morning at 10 o'clock There was large attendance of colored peo- pie, and later in the day many white people entered the room and appeared to be equally interested with the others in the proceedings In the afternoon number of prominent citi zsns were called for the defense, who testified to the previous good character of the ac- cused, many of them testifying without being summoned by subpoena.
 The first witness called at the morning ses- sion was Camp Hale, colored, residing 1T Winter street. To almost the first question relating to Smiths alleged wife, States Attor- ney Doolittle objected, saying that the ques tion assumed Smith had 8 wife, which the prosecution claimed was not the case. MT. Doolittle added that the question was not con nected with the present case. It was of nc consequence whether Smith had a wife or not, SO far as this case was concerned. Even if he found man in the act of adultery with his
  him, it would even then be mansIaughter.
 MT. Hotchkiss said this was 8 preliminary question. For some reason the State had not introduced the woman whom the defense called the wife of the accused. The defense now proposed to show the relation Pierce bore to Smith and his wife, and by this wit ness that Pierce made threats against Smith if he should go near the woman who passed as Mrs. Smith.
 MT. Hotchkiss further said that the defense should claim that Smith went up to the house where his children were that they were his children under the law of the State where the Smiths first resided; that Pierce first assault ed Smith and that previously he had threat ened Smith. In reply to a question of the court, counsel for the defense said the main claim of the accused would be that the killing was done in self defense.
 Judge Loomis thought that on the whole the court would give the accused every chance and hear the testimony offered.
 MT. Hale testified that some years ago he lived in the same house with Smith on Win throp avenue, and woman then lived with the accused who was known as his wife: she often spoke of Smith as her husband. Wit ness worked at the rubber shop with Charles Pierce, the deceased. (The States Attorney objected to witness detailing conversation he had with Pierce short time before the homicide. What Pierce had said elsewhere had nothing to do with the case. When a man goes to a place armed with deadly weapon, to meet another, no matter if ore viously there had been bad blood between them, provokes quarrel and uses that weapon with fatal effect, it is murder and nothing else.
 MT. Blydenburgh said the defense could show that there had been threats made by Pierce in the presence of this witness and oth- defense would prove that Pierce attempted to carry out these threats, and in self defense Smith had to kill him.
 The court thought this was another ques- ton to the order of proof. Upon the claims of counsel for the defendant. this tes- timoDy may lead up to something, and it may come in.
 The witness accordingly stated that on Monday of the week of tbe homicide, he told Pierce that Smith wanted him to s'please keen away from his wife," Pierce said to witness. "Any time Smith is ready for me, I'm ready for him; ain't got to get ready, I'm all ready" Pierce said he had his weapons right on his side;" and he showed Mr. Hale a sailor knife and revolver, both of which he took from his hip pocket Pierce added that if Smith didn't kill him, he'd kill Smith. To another question, MT. Hale said that stPierca wid de knife, he'd use little powder and shot" Pierce, said the witness "caleulated d to marry Smiths wife if he could get away from yere; but dere was no need for it. Oaughter.) Pierce's last remark at this con- versation was, "Oh, I'm hard horse.''
 James P. Saunders, colored, testified that he now resided on Dixwell avenue. While at work at Sargents building, on Water street, the June before the homicide he had 8 con versation with Pierce. The latter called to witness, saying, "Come here, I want to make friends with you. You aint got anything in your heart against me on account of the scrimmage you and I had on Belle Dock, have you ?" The witness said 'sNo." Pierce then said, 1T hear that Jake Smith is out for me-" The witness didn't know. Next Pierce said Saunders, I mean to have his wife in defiance of any crooked-Ieeeed son of b-h like him, sooner or later. I'm always prepared for him. I've got something here that never tells a lie,'' at the same time drawing out of his hip pocket sheath knife.
 At this stage counsel for the defense intro duced a witness out of turn because he wished to go away. Harvey B. Dorman, superin- tendent of Evergreen Cemetery, testified that Smith had worked for him short time and had always been peaceable, and for the seven years witness had known him he had borne a good character.
 Wallace W. Ward was called to testify on the question of character, he also being anx- ious to get away. He testified that he was superintendent of the West Haven horse railroad, and that Smith had worked for him for about two months. He had known Smith number of years, and he always bore good character, and had the name of being peeceable.
 Dr. Charles A. Lindsley was recalled to tes- tify that he went up to the house in which the homicide was committed on the day after. There was blood on the door post of the Kitchen door up about the height of mans shoulder. There were also the bloody im- prints of mans fingers on the post, and spat- ters and drops of blood. The accused was called up to show the witness scar on the fore6nger of his left hand. Dr. Lindsley said that such a cut would make blood enough to make the spatters and drops he saw.
 On the cross examination, Dr. Lindsley said he saw that two lights of glass in the hall door were broken, and he thought the broken glass might have caused the cut on Smiths finger as well as the knife.
 Andrew Scott, colored, testified that he lived in New Haven. One morning last sum- mer while Pierce was riding on the farmers wagon of witness, Smith passed on foot. Pierce said, ''There goes that d--d nigger now" Witness asked who. Pierce said, Smith, and added, "His wife aint living in that house he pays rent for now. I'm run ming that shebang, and if he comes there I'll hurt him and hurt him bad unless he's a bet ter man than am." The witness knew the woman Smith lived with as his wife ever since 1872. She was never called any other name than Mrs. Smith while she lived with Smith.
 Thomas H. Kelly, colored, testified that he lived in Winter street. He had talk with Pierce the Sunday before the homicide. He was walking on Goffe street and saw Pierce sitting at the window of the house where the tragedy occurred. He called out, 'tKelly, stop there want to sec you" Then Pierce came out on the street and said, ''I have heard Smith has been making remarks about me and some threats. tell you one thing, I'm not scared of him." He then drew out a knife and added, ''Pm not afraid of him, and if this don't do I've got something else."'
 William 0. Manning testified he had known Smiths wife as Mrs. Smith Jake introduced her to him. He went to Pierce on one occa- sion and told him that Smith said he had wronged him and broken up his home, and asked the witness to come and see him and see if he could prevail upon him to give way to Smith Pierce said he did not feel called upon to give way to Smith. The witness told him the matter was liable to lead to a muss, and that with as many women as there were in the world he would advise him to get one that was not engaged.
 Henry Bradley was called to describe Jake Smiths knife, which he formerly owned. The blade was shaped something like dagger. A few days before the homicide the witness aakAd Jake for nhew nf fobooco opd bno5o5