Morning journal and courier., 1880-01-31
LOCAL NEWS.
rror other Local New. s.e second plee,l
The smith Murder Trial.

4ng, when the testlmony or the accused was begun. His story was told in straightfor- ward manner and his testimony was not ma terially shaken on the examination.
 After being sworn he testified that he was born in Richmond, Va, and thought he was g years of age. He came to New Haven in 1868. On June 12, 1870, he married Laura Lowe in New York. He went to a minister's house, but did not get certificate of mar riage. He continued his testimony as follows Lived in New York one year and eight months after we were married. We came to New Ha- ven and had one child born to us. She is called Mary Laura Smith. When we came to New Haven we lived on Winthrop avenue My wife and I lived together as man and wife from June 12, 1870, to May ]. 1.1879. We last lived together at No. 90 Webster street. I knew Charles Pierce since one year ago this month. He and had words often. The Pierce was about the middle of May, 1879. It was in a house on Lafayette street and Congress avenue. My wife and I were having some words, about our youngest child, when Charley Pierce came in and snatched up chair and raised It to strike me. took my child away from the house. Pierce said he would get square with me. The next time met Pierce was at the junction of Gotfe street and Dix we'll avenue. He said to me, q understand you have been running after your wife" He told me he had forbid her going where was, or to receive any money from me. told him she was my wife and had 8 right to go where she was. We stood and talked some time and then went.to Webster street. We went into the house, Pierce stood beside my wife with his hand on the back of her chair. We each had friend with us. told him she was my wife and I loved her. He told ne he loved her too. He said it was hard, but he loved the woman. We left the house and walked down Dixwell avenue to the corner of Eaton street, where we had further con- versation. Charley Pierce said to me, ''Your wife did not say she loved you" The next interview Pierce and had was about June 20, on the Green near the Center church. Pierce said to me if I did not stay away from my wife and she from me he would kill me. We next met on August 3. It was Sunday. It was in store on the cor ner of Dixwel avenue and Webster street. I left him and went to the house, 143 Gofe street, where my wife lived. After being in the house few moments talking with my wife, Pierce came in and looked very harsh towards me. He sat down opposite me and watched me very closely. He went to starch box and took out something from it. could not say whether it was 8 razor or not it had a white handle. He took his coat of and appeared in rage. I started up with the baby in my arms, my wife was near me. He called to her and said, 'sLaura, come
 
 in that way before. She went to him and left me. Afterwards she came back to me. told her he ordered her around considerable. She said not to mind that, as she did not. I left the house and went to MT. Kelly's house. I saw Pierce following me, but do not re- member where he went to. The next time saw Pierce was August 9. passed the house 143 Gofe street, where my wife lived. I saw Pierce coming up Goffe street near Web ster street; met him and he said, 'tJake, where have you been; up to the house ?" said "no," that came around that way through Foote street. He said, q have told you two or three times to stay away from there Your wife and her folks don't want you there, and don't want you there." I told him, Charlie, I think I have a right to go there. I don't know the laws of this State, but believe man has 8 right to go where his family is." told him shall go there until my wife tells me that she don't want me there to see my children. He re- peated the same thing to me, saying, q have told you two or three times don't want you to go there. If you do, it will be you and for our lives" told him should see my wife and see what she said about it. Pierce said, ''The next time I see you there you shall understand what mean" Inext saw Pierce August 17, sitting at the window at 143 Goffe street.
 MT, Doolittle objected to witness stating the object of his going up there that night. Tho objection was afterward withdrawn.
 Smith stated that the object of his visit was to give his wife some money, as the children were sick. He did not wish to go into the house, as he wished to avoid disturbance. He continued-Next saw Pierce August 19. was then employed as hostler at the New Haven and West Haven horse railroad stables. My little girl, Mamie, came down to see me that day about ten o'clock in the morning. She said mamma wanted some money. took the little girl on my knee. She told me she T1-,a said she did not love MT. Pierce as she used to. He had struck her because she did not put wood in the stove. She afterward put the wood in the stove and it burned her. Pierce told her 1t would have made no difference if she had burned up. I told her I should speak to her mother about that. She begged ne not to do so, as her mother would punish her for telling of it. Pat Mullen sharpened my knife in the blacksmith shop. I told him my child had been abused by another man. told him could not stand that. I had my knife sharpened, as I was night watchman and needed @ sharp knife to cut rope from the ceiling holding 8 sus- pended board which hangs between horses in their stalls. They sometimes get their legs over this board, and it requires sharp knife to cut these ropes. I went up to the house on Goffe street on the night of Au- gust 19. went into the house with my wife's mother When I got in the house saw my wife and said, s'Good evening" Charlie Pierce then sprang upon me and clutched me. I had a cane in one hand and was holding my little girl with the other. When he clinched me threw up my hands. He ran me back against the wall between the stove and the door. He took me up bodily and put me out into the hall. don't remember whether he took the cane from my hand or whether I dropped it. In the hall he threw his left arm about my neck and hauled me down, and at kapn kod fr rNinb st. bSoA used to keep the hall door open. [Smith identified the stone shown in court; it was 8 small paving stone. I thought he was going to strike me with the stone, and got away from him and ran towards the kitchen. He caught me and forced me against the wall again and held me. I got away from him again, and got outside upon the front steps. TThe witness here described in very method ical way the struggle which took place iD the front yard. Pierce said, "You or me for it." I said ''Go it." He said ''Your life or mine." I again said: "Go it." In the struggle he sting. did not know he had knife. After wards saw knife in his hand. I said. "Charlie, let me go." told him would let go of him if he would let go of me. let 90 my left hand, and he commenced to cut at me with his knife I grabbed him again. TAt this point he demonstrated the scuff1e by talk ing hold of his counsel, ex-Judge BIyden- burgh, and showing the positions of both men in the fight.
 Smith further testified that at this moment he put his left hand in his left hand brooches pocket, and drew his knife and cut Pierce twice as quick as that, [slapping his hands together:!l The two let go their hold of each other and Pierce went out the front way and witness went out the back way over fences into Foote street, and around on to Goffe street to the front of the house where the fight took place. He continued: went back for my hat. Her brother gave it to me. stood there 8 few moments. Don't know how long remained there before Constable Hodge arrested me. I did not know or think that had killed Pierce, and had no intention of killing him. Did not expect to find Pierce at my wife's house. Witness described the circumstances of his arrest, and the finding of Pierce's lifeless body kon Gofe street. The officer told me would be hung for mur- der. I told the officer did my best to save my life as Pierce said to me 'tyour life or mine" when the row commenced. When Mullen gave me back my knife after sharpen ing it, I thanked him and told him it might be the last favor he would do me. TThe witness then showed the origin of the expression which he said was common with his race.
 The 11suaI noon recess for dinner wac talcen