Morning journal and courier., 1880-02-04

He often saw Smith there at gatherings of
 the colored people. The witness had never heard that Jake was aught but peaceable
 man, but he heard once that at party Jake
 kicked up a row, and had to be taken out by an officer.
 The State here rested with their testimony in rebuttal.
 The defense called James Wrinn in rebuttal for the defense. He testified that Mrs. Laura Smith, or Lowe, formerly lived in his house. She remained about week, think. Torrance Ciancey was called and testified that he was 8 police officer. On the 18th ot August, 1879, his beat took in that part of the city where the murder was committed. had 1 conversation with Mrs. Smith about an hour and twenty minutes after the murder. She said that she did not know which of the two struck the first blow. She said she was going | into the room at the time. I don't remem-
 Der that she said anything about Smith rais- ing his stick to strike. Mrs. Lowe told me that she was splitting wood in the yard at the 1 time, and when she came in Smith and Pierce
 were on the front stoop scufHipg, and she did not say anything about seeing the commence ment of the TOW.
 On the cross-examination witness said he
 did not learn of the homicide until he arrived at the office, about 9:30 o'clock in the even ing. MT. Doolittle went into an exhaustive cross examination in an attempt to shake the testimony of the witness as to his recollection of what was said in the interview at the house on the night of the murder. While forgetting minor details the witness did not forget what was said to him by the wife of the accused. TreadwelI Smith was called. Said he was roundsman on the police force. On the night
 of the homicide was on duty in the police office.
 A question by Mir. Blydenburgh as to
 what witness recollected of his conversation
 with Smith on the night of the murder as to
 his (Smith's) cause for the act, was objected
 to by MT. Doolitte, Judge Pardee sustained
 the objection, and the witness was excused. William 0. Manning was recalled and said
 he had conversation with Smiths wife last
 Sunday evening. I asked her if Jake's story
 was correct about their visit to Brooklyn, and she said it was. She said she went to Brook
 lyn with him, and to a ministerto be married She said they were married, but did not get
 certificate, as Smith had not money
 enough to pay for it. I asked her if she had or was going to testify to that fact, and she said she had not. I asked her why not She first stated that was she afraid that Jake would go back on her. I asked her if she went on
 the stand again she was going to testify that she was not lawfully married. She said she could not now. She said that the "head man" had sent for her and told her not to acknowledge anything about that visit to the minister's to be married if she did she WAS liable to get into prison.
 On the cross examination witness said that he made an arrangement with Smiths wife on
 
 Dixwel avenue and Eaton street on Sunday night, where he did meet her. He met her under the archway of the Insurance building when he made this arrangement. Witness said his object was to get at the truth of this whole matter. When he saw people swearing falsely and trying to swear mans life away,
 he felt it his duty to get at the truth. The cute replies of witness to the interrogatories of Mr. Doolittle caused much merriment in l the court room, judge and jury indulging in broad smiles over his replies. He was ex- cused after an unsuccessful effort on the part of the State to make him 'tcross his tracks" | Andrew Scott was recalled and contra dicted the statement by Mrs. Smith that | she did not see Scott at No. 90 Webster street when she and Mrs. Banks were talking about moving.
 Jacob Smith, the accused was recalled and
 testified that his wife did not tell him that she | was going to move He said his wife was not up when he left home on the day that she moved. Said that he told l his wife the latter part of April that he had heard that Mrs. Banks and Pierce were going | to try and get her away from him. He then detailed the conversation had with his wife | the day preceding ths first of May, when wit ness said she appeared to be very pleasant. He told her then that he thought something was going to happen, as he had not seen her
 appear go pleasant before in year. She re- piled, ''You need not believe everything you hear; everything is all right, Jake.' There was no cross-examination of the wit ness.
 | Both the defense and State informed the ! court they had no further evidence to present, and ct 5:55 the court was adjourned until this morning at 10 o'clock.
 At the opening of the court this morning Mr. Pickett will make the opening argument
 for the State and will be followed by MT. Hotchkiss for the defense. Then will follow MT. Doolittle's closing argument for the State,
 who will be followed by Judge Blydenburgh in the closing argument for the accused. Tho charge of Judge Pardee will follow, and it is likely that the case will be given to the jury this afternoon.