National Republican., 1880-04-16
SM0THERS' CRIME.
Progress of the Trial in the Crlml
nal Court.
Damaging Evidence Against the Prisoner
How the Arrest was Brought About
Testimony OF Persons Who Saw
Him and His Victim - Miss
Leins' Injuries smoth-
ors Identified, Etc,
Trial of Tom smothers.

Trial of Tom smothers.
The trial of Thomas Smothers, charged with
committing a rape upon Miss Lena Leins, in
February last, was continued before Justi CO
james in the Criminal court yesterday The
sick juror has improved, and now thinks that
he will be able to sit the trial through. The
counsel OH both sides was present, and the
hearing commenced promptly at 10 o'clock.
DIR. John w. Bayne resumed his testimony
| lie gave description of the nature of the
injuries inflicted upon tho prosecuting witness
lie said that Miss Lcins lay in a critical con.
dition for several days; she suffered great pain
| in her head and neck; her voice became al
most extinct, aud remained in that condition
for two or three weeks; her pulse was
| frequent and the temperature of the
body reached n dangerous standards he was
apprehcnsivc that erysipelas would set in, but
| iu three or four days the dangerous symptoms
began to pass away; she was confined TO her
| room for q little over Il month, and at one time
| be thought her recovery exceedingly doubt
| ful. Ferdinand Bogia testified that no lived
| at 62l Tenth street northeast; on the Sunday
| morning after tue occurrence he saw the place
where the outrage was committed aud blood
about three feet from the fence aud thirty
nino feet from tho south line of d street; the
witness described the location OF the lamp
| posts, and said that nothing intervcncd be.
| tween the boOd.spot aud the light showing
from Maryland avenue except a trco.box; the
lamp was nearly 2S0 feet away.
Cross.examined He had been very much
interested in the case; he did arrest Smothcrs
aud let him go his reason for it Was very plain;
at the Saturday night meeting the doscrip-
tion given of the man corrcsponded identi-
cally with the accused; when he took hold of
Smothers he thought that if he took him
| where the crowd was that it would be the last
| Of him; he had always been a friend OF
Smothers, and If innocent he did not wish to
| see any harm como to him; so he let him 20
home and sent Lieutenant Austin with officers
after him the next morning.
Mary Mccartney testified that she lived OH
ID between Seventh and Eighth streets north
cast on the south side of the street: her house
was twenty feet broad aud faced toward Mary.
land avenue; there WIS a lot by the side OF
the house, aud the fence ran on ID toward
| Eighth street, she rccOllcCtCd the night that
Miss Lcims was knocked down; at twenty
minutes past o'clock the witness WIS sitting
in her front door, when party came toward
hor, thinking that she was the only one there
all at once she saw something drop and she
thought it was sack; he dragged 1t along the
fence toward the vacant lot; sho went in thei
and locked the door; she went in the yard aud
heard a person gIoan once; she halloocd for Al
officer, but got no answer; ut twenty minutes
to she saw the parties 90 away; she (Mis
Leins) went toward her home and he towart
his, as she thought; she saw the prisoner n
tho station-house; the man that came up from
thp fence aud passed her door had side whis
kers; it was the Sunday after that she saw hin
at the statiOn.housc, and she was perfectly
sure that he was the same man that she saw
drag the bundle down by the fences he had
side whskers then.
[Mr. Perry said that he did not know
whether they wished it to be proven, but i
was fact that smothcrs had shaved off hi
side whiskers since he had been in Jail.
CroSs.eXamiued 1t was a very dark night
her attention was called to the man by hear
ing something drop; immediately tho maj
picked IL up aud dragged 1t iuto the lot: th
witness was frightened and hurried into tn
house; she did not think Mt the time anything
about what he was dragging; she went int
her back yard to see what was the matter be
cause she thought something was wrong: slI
cried police" three or four times, but no ou
= seemed to hear hor; she thought it was abou
twenty feet from where the witness stood +
the back door 10 where the groan came frou
, she then went to the fence near the street an
: cried "pOlce;" before the lady fell the witnes
did not see either her or the man there; it wa
too dark at that distance to distinguish th
features Of either party; she could not tell a
that time whether he was 4 white or colore
- man; she could sec that he was tall man; Ii
was standing straight, dragging what he hO
> along the ground; the second time she went
her front door she remained about fivc minute
there was a light in her window at tho timC
she was watching for her husband to com
home from the church and sho saw two pc
sons coming out of the LOT; the man cam
' toward her, and she took particular notice
him and then shut the door ou him; she W,
afraid that lie would harm her: she got q goo
look at him; after he passed she rcopencd I'll
. door and the man was going toward Marylan
= avenue; she could have identified the man
.I. l,.Nt l..l Il.
aud coat; the police had not brought any ma
Ii before her to identify.
Redirect: She kept little store and the
,o was light in the window, aud when tho mn
10 came up the street it shone iu his face; Il
y place where the witness saw the spot of bloc
e in the lot WAS about the same place where 81
IS heard the grOans come from.
y Samuel Gillian testified that he had know
y smothers for three years; that Friday eveur
y he met Smothers on Maryland avenue and
y street about 6 o'clock; they talked awhile /
30 gcthcr, and witness went to carry some gra
Is to Mr.. Hayberger; when he came back |
found Smothers standing right by the tire
= box on ID street. between Seventh and Eight
streets. near the food store; the witness !
IN maiucd with him until the clock struck
then left and went over to Mr.. Suyder's stOl
% lac then saw Snothcrs about three-quarters
90 an hour after that coming round by the le,
store, going toward NankeotOwu; lie was The
fastening up his pants; the witness asked III
TO come into Snydors, but Smothcrs acted iii
o. he did not see the witness; in the couvers
% tion at o'clock Smothers told witness 10
10 home, and he left Smothcrs; the witness a.
W Smothers were sitting on the log In front
20 Mrs McCmtney'S house.
Crossexamned lie drove stock in SUI
r mer and worked for Jeunemann iu the wint
- aud made a comfortable living. The witnt
was then examined vt some length, and stu
pretty close TO his original story.
Mrs. Mary Olsnstoin testified that she rec
lectcd the night of the attack, and was o
with her little daughter; it was about fife
minutes aitcr7 O'Clock; she was going fro
- her house. Eleventh aud b streets, to churC
V and went through d street; when near Seven
% street her daughter said something 10 her, Il
,, tho witness looked around; she saw a big m
- six feet high, and she thought little over,
the northwest side by the treo-box, near Seven
street aud Maryland avenue; he was dress
In light pants black coat, long TO his knc
dark vest, white shirt and dark slOuch hat {
lamp was lighted near where tho man slo,
and 1t was light enough to sec him good;
90 had side whslsers and moustache aud goat
she saw a colOred woman with buskct on 4
head puss him, aud then young lady; 3
looked like Il white Udy; the witness th