Morning journal and courier., 1880-02-03
LOCAL NEWS.
The sEnsth Murder Trial.

II n
 Testimony for the Defense Closed
 Commencement of tho RebutfaI.
 Yesterday afternoon at two O clock the trial of Jacob Smith, for the murder of Charles Pierce, was resumed in the Superior Court room. There was the usual crowd of specta- tors, they being about equally divided between white and colored people.
 The first witness called was Abraham Nepel of 424 State street, this city, who testified that he dealt in cigars and tobacco, and knew Smith, who was patron of his. The witness knew it was habit of Smiths to say q may never ask you to do me favor again."
 MT. Hodge was then called to testify as to the marks on the ceiling in the kitchen of the house where the tragedy was committed. He said there was one mark which looked as if made by Smiths cane while it was being raised. There was also another; and the witness managed to get in his opinion, de- spite MT. Doolittle's objection, to the effect that the marks looked as if made by some one standing opposite to where Smith stood in the room. This to bear out the claim that Pierce took Smiths cane away and struck him with it.
 MT. Blydenburgh here announced that the defense had closed.
 Joseph Gillon was the first witness called by the prosecution in rebuttal. The witness
 
 Rubber shop with Charles Pierce. The two men had to daily change clothing while at work, and the witness saw that the deceased never carried knife as alleged by witnesses for defense. He also testified that Pierce was always jolly and happy, and of most peaceable character.
 James N. Moore, chief engineer ct the Rub- Der shop, testified that Pierce had the charac- ter at the shop of being peaceable man.
 City Court Judge Henry B. Pardee testified that he presided at the preliminary investiga- tion in the present case, and visited the house where the homicide took place in Goffe street, particularly to look at the marks in the ceiling. The witness decribed the indenta- tions as he saw them, in detail, and judged that they could be made by person holding up cane and swinging it backwards with some violence. In substance, in his opinion, Smith had just entered the door of the kitch- en, when he raised his cane, and, the State will claim, attempted to commit the first as- sault on Pierce.
 On the cross examination, the counsel for the accused endeavored to show that Smith, on entering the kitchen, was first assailed and then raised his cane to defend himself, as shown by tho nature of the marks on the ceil- ing.
 Losing Alexander was called and said he knew Jacob Smith and also knew Pierce dur ing his life time. Had never seen anything wrong in Pierce or heard anything against his character. I boarded with Pierce at 143 Goffe street with Mrs. Lowe.
 To question as to whether the witness had ever heard any threats made by Smith against Pierce, the defense objected on the ground that it was not in rebuttal of anything that the defense had introduced on the subject.
 The court admitted the question, and wit ness said that on one occasion he came home from the country and met Pierce on the front stoop. I went into the house ard saw Smith there. Smith was walking back and forth with 8 knife in his hand, and said he was go- ing to have his revenge. In 0 few minutes Pierce came and Smith said we will have this thing settled right here. Pierce said the only way to settle it was to go down to the court house. I went into the bedroom and said, if paid rent you fellows would not be in here. met Smith next morning going toward the house. He said l don't want to disgrace you, and I said you can't disgrace me. He then said don't want to disgrace the old lady, but if Laura don't send away Pierce I will kill the villain md cut his heart out and be hung on the gsllows for it. I did not see him any more for two or three days. On the night of the homicide he called me out of MT. Schanzenbach's.
 On the cross- examination witness said he had lived with Mrs. Lowe ten or twelve years. Was not acquainted with Pierce but about three weeks.
 he had conversation with the accused about a month before this homicide occurred It was at West Haven. asked him how things were, and he said, "Bad, very bad" He said something about man destroying his happi- ness and ruinipg his family He said would wake up some morning and find that some thing terrible had happened. said to him, Don't do anything rash, Jacob; if you do you will be sorry afterward" He replied, 'Mr. Reilly, can't help it." The morning after the homicide saw him in the lookup, when he said, "You know what I told you some time ago." said yes, and am sorry you did not take my advice. He replied that it was too late now-the thing was done.
 On the cross- examination witness said that Smith told him in the lookup that he was not to blame for what had happened.
 Mrs. Elmira Lowe was called and testified that she lived st 143 Goffe street last year. Her daughter lived with her, and also a boarder.
 At this point the defense objected, and Mr. Hotchkiss addressed the court. He said that it was evident that the State was trying to throw the burden of proof in this case on the defendant. He presumed that the State now intended to show what occurred at this house on the night of the homicide. They had had abundant opportunity to present their case on the direct; but instead of doing so, they had offered few witnesses on the direct, and now, after be accused has made his statement, they bring on 8 host of witnesses to contradict him. He said it was unjust to the accused, as it placed the burden of proof upon him instead of upon the State, where it rightfully be longed.
 Mr Doolittle replied. He said the defend ant had set up the theory of self-defense, and the burden of proof rested upon him. The method he had pursued was plainly within the law.
 The court eaid that they supposed that what transpired at the house might have been gwen in chief. The State had shown the killing, that threats were made, and had then krI on,,11 kLak any hardship thrown on the accused. The defense might think that the State might have been more liberal and put in all their evi. dence at first but as they had not done so, and the defense had introduced their -entiTe evidence in chief, 1t would appear that the State now had the right to introduce evidence to meet the specific defense that the act was done in self f-defepse, notwithstanding the fact that the burden of proof rests upon the State.
 The witness (Mrs. Lowe) then continued her testimony. She said that on the night of the homicide Pierce was sitting at the table in the kitchen His hand was 'sleaning on his head" He was in his shirt sleeves and complained os the headache. I was coming up the back steps and saw Smith coming in. He said good evening. When he came in he rushed up the back stairs in great haste. He had the little girl by the hand. As he came in he said, good evening one and all. I was standing by the stove. After saying good evening he struck Pierce in the head with a stick he had in his hand. He was about in the middle of the room when he struck him. He hit him somewhere about the head Pierce then jumped to his feet and attempted to put Smith out. They tussled some minutes in the entry. He had Smith somewhere about the shoulders and was showing him backward. Smith showed his hand through one of the glasses in the door. said, Oh, my! they are breaking all the windows to pieces. Then they got out on the stoop. heard Pierce say to Smith, let go of me. Pierce said it again and Smith said, let go of me. Pierce said this has been going on long enough, will go down and have him arrested heard Smith say outside, I will go and finish him. Pierce went out the front way and Smith went around through the back yard. After they had gone washed up the blood in the hall way. I could not tell how much blood there was. had to get four or five basins of water before could wash it up. I heard Smith outside following" at this time. l saw blood on the platform of the stoop and cleaned up the thickest of it. I don't know anything about knife being in Pierce's possession on that night. He had 8 sailors knife around the house then. We used to whittle kindlings with it and Open cans of milk for fha child