Morning journal and courier., 1880-01-29
LOCAL NEWS. The Smith Murder Trial.

l NE WSs | The Smith Murder Trial.
 The Story of lhe Goffe Street Tragedy | The State Rests and the Defense Conn | memceSs
 The hearing in the trial of Jacob Smith for
 the murder of Charles Pierce was resumed
 in the Superior Court room yesterday morn-
 ing. After the court was duly opened, Charles
 E. Fowler, City Surveyor, was called, and
 testified to making. drawing exhibited by
 the States Attorney, that he made a sketch
 showing certain streets in the northwestern
 part of the city, and also certain rooms on the l first floor of the house in Goffe street, where | the encounter between Smith and Pierce took | place. From the house to where the body of 1 Pierce was found was upwards of BOO feet. l The entrance to the house was not on the street, but on the easterly side of the house, and some steps led up to the first floor on to 8 platform which opened into the hall. The witness saw stain of blood, perhaps three | feet in diameter, on the ground near to where the body was found. The kitchen where the affray first began was ten by twelve feet in size.
 The witness was not tcross-examined. Special Constable Jacob Hodge, of this city, testified that The arrested Smith. About 9:30 o'clock on the evening of August 19, 1879, the witness was coming from Dixwel avenue into Webster street. Three boys passed him coming down Webster street. In consequence of what one of the boys said the witness started on 8 run to the corner of Goffe and Webster streets, where he stopped to listen to noise. colored man named Augustus Clay met him, and in consequence of what he said the officer ran down Goffe street-away from the city-and just before reaching large crowd assembled, he heard Smiths voice. He approached Smith who stood in front of the house where the affray took place, and asked what was the matter. He said he had cut Pierce and Pierce had cut him. The witness said, ''You'n have to go down town, Jake, I guess" The answer was, with piece of white handkerchief. He asked the witness, on the way to the police office to arrest Pierce also. The latter, 1t was thought, had gone to the police office to enter complaint. Witness went down Goffe street till he arrived at the junction of Dixwell ave nue and Goffe street. Some little boys called to the officer that they thought Pierce was lying dead on the sidewalk up above. Hodge and his prisoner went back to where the body |sSss lying. 1T shook the body, and William Hunt, who was present. also felt of Pierces pulse. Smith asked me to shake him again I did so, and then turned to Smith and told him Pierce was dead, and the prisoner was under arrest for murder. Smith made an swer that if Pierce was dead it had come to pass he (Smith) had always told his wife that he would die for her." As near the witness could recollect, he told his prisoner that he was likely to hang.
 The deceased lay upon one side in the grass in the rear of the school house, back from the sidewalk. On starting off with Smith for the police office, in answer to 8 question, the prisoner said he had flung his knife away up by the bell tower. After arresting Smith the officer returned and helped put Pierce's body in a wagon and bring it to the morgue
 On the examination by MT. Blyden burgh, the witness testified that Smith, while being arrested, did not say that Pierce cut him first nor could the witness recollect that that night Smith said that he acted in self defence.
 Counsel for the defense claimed that it could be shown that Smith, the next morning in the police office, said he acted in self de- fense. The court refused to allow such tes- timony to come in.
 Mir. Hodge could not recollect exactly the language used by Smith when he said he wanted Pierce also arrested.
 Patrick Mullen testified that in August last he was a blacksmith working at the horse railroad barn, West Haven. He knew Jacob Smith, then the hostler. The day before the homicide about 1 o'clock, the witness, while passing the barn door on his way home from dinner, saw Jake hitching up horses. He called witness into the barn, and pulling out his knife, asked MT. Mullen to sharpen it for him. The witness sharpened the knife and returned it to Smith, who said he was much obliged and that he might never ask another favor of witness again. Smiths little girl was with him at the time, and he added that some man had been "lickin" his child and he could stand it no longer. He said in substance that he would kill the man. The witness took the knife out of Smiths hand and hold ing it up to one of the other employees stand ing by said: fThats nice looking thing to kill man with"
 The knife was 8 small pocket knife with two small blades and one large one. The man to whom witness held up the knife was col ored man named Henry Bradley, with whom Smith boarded at that time. MT. Mullen did not know the name of the man Smith spoke of killing, although Smith had often spoken of him before him. Smith that afternoon also told the witness he might never see him again.
 To counsel for the accused the witness said he frequently sharpened knives for people. He thought very little of what Smith said that afternoon. Smith seemed to feel more happy and jolly that afternoon than for long time before.
 MT. Doolittle objected to the witness stat ing whether Smith said anything about g mar riage certificate. MT. Blydenburgh said he wanted to show that Smith had got what he thought was a marriage certificate, and he felt happy in consequences, and also made several statements to the witness relating to his wife or the woman he was living with as his wife, all going to show that Smith was not in the frame of mind of man about to com init murder. This testimony would bear up- on the motive for the killing, which the speaker thought would be claimed by the State to be family troubles.
 MT. Doolittle said the defense was very much mistaken in the motive matter. The State would prove the killing and the motive would amount to very little; motive had bear ing upon a circumstantial case, but not upon the present case.
 The court ruled out the testimony offered by the defense, and an exception was taken and noted. stDid Smith that afternoon speak of his wife coming back to live with him ?? was also ruled out and another exception was taken by the counsel for the defense.
 Police Officer Charles Leyerzapf, of this city, testified that August 19, 1879, he was on duty on Broadway, and saw Jacob Smith about S:45 that night. His little girl was with him. He said he was going down to the house to see what right Pierce had to 'lick' his child. In his hand the witness saw that Smith had 8 thick heavy cane. which was shown in court. The officer, while talking with Pierce, raised his hand to rub his face, and in taking it down accidentally received 8 cut on the little finger from knife Smith was using to whittle piece of wood. The witness went into an ad- joining drug store to have his finger dressed, and shortly afterwards met Smith coming along in charge of Constable Hodge. The witness next went up to where the body lay, and stayed there till he helped put it in wagon that came.
 Cross-examined-The witness said Smith always carried the heavy cane. Smith had habit of whittling.
 Mrs. Martha Wilson (colored) testified that she resided at 163 Goffe street. The house where the affray occurred was 143. On the night Pierce was killed she saw Smith first standing on street corner talking with some man-about twenty minutes to o'clock. As the two men parted. Smith passed her gate and she heard him say, ''God d-n it to h-l, I might as well go back and finish what I commenced"
 To counsel for the defense, the witness said that Smith, when he spoke, had on no hot and che had m stick 2ha did