Morning journal and courier., 1880-01-30

girl.
 Augustus Clay testified that he lived quite
 near the scene of the tragedy when it occur, red. He heard scufding as if on steps and two voices alternately saying, "You let go Of
 me- you son of a b-h." He heard 8 noise as
 of some one falling down steps and as if some
 thing was giving way. He ran down Gote
 street toward Webster, and saw man run
 ming by the corner very fast: :,
 John Bradley, of West Haven, who had known the prisoner for six or seven years,
 testified that on leaving the barn evenings he
 would say. "Good night, Birdie, may never | see you again" When he started for Hartford
 once he called witness back and said, "Good
 bye, may never see you again there may l be railroad smash-up." Again, when wit
 ness had his knife, he asked for it, saying,
 ''Here, give me my knife may never ask 8 | favor of you again give me my knife. It
 was common thing for him to say. A sharp knife was needed about the barn to cuthalters
 when horses got caught or cast.
 Samuel A. York, Judge of Probate, Don s.
 Thompson of the West Haven horse railroad company, and Edward B. Hall, the merchant, | testified to Smiths peaceable character. John B. Moves, Jacob Mann, Charles E. Hart and Policeman William Mcbride also testified to | his good character. Officer Stokes also testl- | fled to the same effect.
 Judge Blydenburgh tried to show by this witness that Charles Pierce, the killed, was quarrelsome- The testimony was admitted on | the supposition that there will be evidence Of
 an assault first made by Pierce, that the de fense supposed he had right to act as he did l in self defense.
 J. F. Saunders was re- called and testified that he knew Pierce to be a man who made 8 great deal of trouble on shipboard. He had sailed with him from Key West to Havana. Knew that he was very quarrelsome man. Henry 0. Higgins was called. Said he was conductor on the West Haven horse railroad. Had known the accused for about three years, and always considered him quiet and peace able man.
 On the crossexamination witness said he had never heard Smith make any threats against any one.
 Robert s. Brownson was called. Said he knew the accused. The character of the &C., cused for peaceableness was in every way good, so far as he knew.
 H. N. Whittlesey, Jr., was called and testi- fled that he had seen Smith at work in the neighborhood of his store and never saw any, thing vicious in him. He always appeared to be good natured.
 Benjamin Moves was next called and testi- fed to the good character of the accused. Jacob Hodge was recalled. He said that after the arrest he examined the location where the murder was committed. Found 8 spot of blood on the stairs and then saw spots of blood around to the rear of the house, up to the division fence. On the fence were marks of blood, as though some person had got over it with bloody hands. Then tracked the blood across the next yard and then into Mrs. Austin's yard and down to grape arbor, where he found spots of blood. Then back to Mrs. Austin's kitchen door, then out into the street and for short distance up Goffe street, where the traces of blood disappeared. Witness then described the doors of the house and the way they opened. Dr. Frank H. Whittemore was next called He testified that he saw the accused the morn. ing after the homicide; made an examination of his person; found on his left hand four cuts; one of them was on the first finger of the left hand over the last joint about three quarters of an inch in length and about quarter of an inch in depth. On the end of the thumb on the same hand was another small cut; over the second knuckle was an- other cut about the same as on the first finger. On the back of the hand was circular wound and more like bruise. looking as though it had almost been gouged out On his right arm was small puncfure as though made with the point of knife. On the left arm of the coat was 8 cut about six inches long in the sleeve and another parallel to it much
 smaller. Over the left loin there was another
 clean cut through the coat. On the left lap
 pei was another cut through the coat. His coat, vest and other clothing was covered with
 blood at the time. There was blood on the pocket, inside, on the left side of the panta- looms.
 Mir. Blydenburgh-Couldt this spot in the DOCk6G nave been maQ0 RIGef n1S mana QaQ
 been cut to take out knife.
 Witness-Certainly.
 Mir. Blydenburgh-Would a man probably have been acting on the defensive to have re- ceived these cuts?
 Mir. Doolittle-I object.
 MT. Blydenburgh-You may state then the position that the accused was in when he re- ceived these wounds.
 Witness-I thought from the cuts in the sleeve that the left arm might have been thrown up to ward off a blow The cuts on the sleeve and lappel might have been made to avert blow directed at the chest. I should think that the cuts on Pierces neck might
 both have been made when the parties were
 in the same relative position. I do not think
 it would have been possible for Pierce to have continued the struggle after the cut in the neck on account of faint ness. can imagine how Pierce could have gone as far as he did after receiving the cut by holding his head over to one side by caus- ing compression of the wound.
 Dr. P. A. Jewett was called and testified that he could understand how the wounds on Smiths hand might have been received in warding off blows, and how the cuts in the clothing might have been received. The cut on the back of the hand might have been received more readily if the back of the hand had been tain extent, that Smith was defending himself when he received the cuts on his hand. He would have expected to have seen spurts of blood on the house adjoining if it was as near as had been stated. Do not think man could have struggled with an antagonist a great while after having his throat cut and then walk quarter of a mile.
 An adjournment was taken at this point un- til 10 o'clock this morning.