Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-04-19
The Lena Leins Outrage Case.
TRIAL OF TOM sNoTBFRs

IT. IL.
ment. and Messrs Benjamin Davenport, assisted
by Howard c. Clagett for the prisoner.
Archibald Thompson and Loving Chapel tes-
order as CON- met Ola aor peace ana
heard that Smothers had been charged with the
outrage on Miss Wilson year or two ago
ID. d. Kane was offered as an expert to show
how far, by street gaslight. the features mus
tache, &c, OF man can be distinguished but
this was objected 20 by Mr.. Perry. Mr.. Dayen-
port COntended that as some OF the witnesses
for the prosecution had testified to seeing
SmOthers'S mustacne across the street. he had a
Fight 10 prove by this witness. who had tested
the matter, that human vision did Eot reach so
far.
The court held that this was not q technical
question for the judgment of an EXPERT but a
matter Of common experience in which the
jurors were as expert as any other persons and
so must judge for themselves whether or NOT
the witnesses had testified to an impossibiItty
Miner Polls. colored, testified that smothers
came 10 MS rouse, on street, near 10th street
northeast. seven blocks away from tie scaDe
OF the Odtrage). about sunset on the eth Feb.
Tuary last; IL was growing dark: witness knows
thaU the man ne saw at his house was SmotherS
out cannot tell the precise hour: does not know
when Smothers left the house; he passed by
witness, exchanged few words with him. and
went up stars.
Peter Spriggs, colored, testified that on the
night OF the outrage he saw Smother5 in front
OF his house on street, near 18th street. nGrth-
east. shortly after O'Clock.
cross examined.-Knew SmotherS by his
voice: witness could tell him by his voice acrO5
the street, for he speaks very loud; took no no
tice OF HIS dress
Anne Polls. colored.-Wftnesss saw Tom Smotb
ers at her own house On the night OF the out
rage; IL was after dark; could not tell the time;
MIS-. Toiiver was there; when Smothers came in
witness mad lit her lamp, but had eaten no
supper; Smothers had On a dark coat; wit
shop.
ON the opening OF the court this morning the
defence continued their testimony, as follows:
Allen Chappelle testified to SmOthers' repu
tation being good, as far as he knew
ON ss-eAamination he said that Smothers
had worked for him. and he Knew him to be
nons5t and good natured. He did not know
S ,nt associates; had heard that be would
get under the influence OF liquor, and knew that
he had been arrested for Skirmish In front OF
witness store: He had heard that Smothers
was living with another woman than his wife:
Aa1 not heard that he had three wives.
MI davenport proposed to ask as to Smoth-
eTS, good nature, with view to following it up,
Dy showing his fondness for children.
Nr. Perry.-EOW OLD were The children and OF
what sex?
The Court ruled the question out.
JONI \. Oliver testlfiedt to SnOtherS reputa-
tlon beng good up to two years ago in his own
knowledge and on information down to the
date OF this offence
ON cross examination witness said he did not
KNOW SnOtherS' associates but knew some of
his employers who spoke OF him as peaceable
and good naturea man. He was fond OF chill
dTen and the children fond OF him; never heard
Oh ms arrest except for violating district ordi-
nance
Julia Belt, a very stout black woman. wear
ing blue shawl, living on / street. between
ION and llth streets, testified that she was al
Ler M0ther-ln-laW'S, Mrs. Polls, and saw
SmotheTs going In there as witness was coming
out. Emma Lee was there.
MIS- Daphne sullivan. rather lighter. taller
and older colored woman than the preceding
Witness testified that SElotherS was i'm her
house at o'clock on the night of the occur
renee and left at 90. Mrs. Belt lives In the
stairs. ~
Cross examined: Smothers was there on the
TUESDAY night before. She was q widow, and
was lylDg down on the bed when Smothers
came ana took chair and he remained there |
until about Z O'Clock; he was there on Wed |
nesGay and Thursday evenings but not there |
on Tuesday. Smothers has staid in her room |
all right, but Slept on the floor She supposed |
ne slept on the floor while she slept in the bed.
She would undress and go to bed while he was |
u, m me ne ROOM and he would undress and go to
then; had heard that he was married: did not |
ask him If he was married. He staid all night |
Ii her room two nights In February. Never had |
sick since the Wednesday before this Friday |
with pain in her face. She observed the clock |
because she had medicine to take and did not |
want " 10 take 1t TOO soon. 1t was Oil, and she
did not want to take it until 10 o'clock: wanted
10 get sick; Oil always makes her sick
she went to bed when Smothers went away, al
Wy O'CLOCK; heard the clock strike 10, and then
got up ard took the Oil.
By a iuror.-He wore light pants that night,
and had his thumb tied.
BY the c0urt.-He was singing in the room.
case for the defence
MI. Perry.-It was announced with a great
louflsh that the defendant would be placed on |
The stand
TESTIMONY IN REBUTrAI.
The government recalled in rebuttal Mr.. |
David Curtain, who testified that he knows Oni-
ger Dunnlgan: saw him on Sunday 29th OF |
Febl uary, in his store Witness was asked II |
he did not tell Officer Dunnigan that SmOthels |
was there at o'clock On the Fl iday previous |
and asked for drinks; that he wore light pants |
and he stayed only five minutes. Witness said
be had stated TO Dunnigan that Smothers was |
there about quarter OF an hour: he (S) was
there but once that evening to his knowledge
Olllcer James IL. Simpson testified that he |
Knows capt. Lyons; saw him Tuesday evening:
When he met Capt. l.. he was alone: had lust
left Sergeant BrOsnan and Officer Higgins: he
asked capt. l.. If he knew OF any respectable
witnesses III that locality that he could get in
rebuttal TO the evidence which was then being
brought by the defence. Capt. L. said mo. [ |
1oE't think you can get anything out there that
way" Witness started away and as he left tn
the best or his knowledge he remarked. s.WeN
have 10 hunt some" He had known Capt. L.
Tor some years; Is quite certain that he did not
use me words trump up witnesses to offsett
he testimony for the Defence" had net been in
3tructed TO trump up evidence, but felt 1t his
tuty TO look up what witnesses he could be-
cause OF his position as an officer.
Officer David 7. Dunnigan testified that he
saw Curtain on the Sunday after the occur
renee, and that Curtain made a statement that |
omotherS was In the store only about five min
Ites; that he called for drinks and was dressed
IN sack coat, light pants and SLOUGH hat: knows
John Green had conversation on the second |
Day OF March, and he stated that Smothers LEFT
his shop about six o'clock, and he (G) did NOT
see him after that time; don't recolIect thar |
lireen said that he remained in the shop,
sergeant Timothy BrOSnan testified that hp
saw Smothers that afternoons; remembers that
he bad side WhiSSerS. Saw John X. Green on
The "a or March, and he stated that SnotheTS |
lett WOODS shoe shop about five minutes past |
SIX O'Clock on Friday, 9th of February and he
,SmotnefS} did not come back again that night
ana he (Green) remained In the Shop: thai |
omothers was not at the shop at O'Clock.
Cross eXamined-Green said that Smothevs
was not there at 5 o'clock was most positive
that Green said this.
Augustus Almond testified that he knows |
and on Friday, the night OF the oc.
currence, he met SmotherS on the north side OF
Maryland avenue. between 9th and 10th streets |
az O'CLOCK He was walking eastward very
slowly. and witness passed him. He had on q |
light pair or pants, dark coat and SLOUGH hat. |
did not speak to him.
At this point recess was taken.
On the court reSuming at one O'Clock, the
witness, MIR. Almond, resumed the stand ana |
was 1urther cross examined.
Mr.. Clagett for defence moved that this wit |
ness testimony De stricken out because 1t was
not newly discovered evidence, the government
having summoned him before they had closed
their case.
The court declined to strike out the testl-