National Republican., 1880-04-19
TRYING TOM SMOTHERS.
The Defense Endeavoring TO Estah-
Iish an AIibi.
Cropping for nony-Unsatisfactory Evil
dence in Reference to smothers' Repu-
tation - A Man who Probably
Thinks n POlicemnn's Lot is
Not n Happy one-Pro-
ceodings in Court.
The smothers Trial.

cnlOtnofe, indicted lOr rape ana assault with
intent to commit rape upoa Miss Lena Loins
on the night Of the 9th of last February, uu-
| finished.
The rule in regard to admitting spectators
was relaxed. and the chamber assumed some.
what Of its old crowded appearance.
The entire day was consumed by the de-
fensc in placing Smothers on that ovcntful
night, and they succeeded in putting him in
several places, and = number of these at the
same hour. peculiar point in the case and
one on which tho witnesses on bothSides fully
agree, Is the description of the dress OF
Smothers that night, aud the tied.up thumb.
The court met at theiusual hour, tho counsel
on both sides being present.
Eusticc Calct testified that he resided ut
707 Second street northeast: he was secretary
for the Spanish Commission; he had known
Smothers for five years and had never heard
anything against him.
Cross-examined lie never heard smothers
name mentioned prior TO this affair.
j. L. Engel testified that lie resided prior to
March, 1879, on Eighth street northeast; he
knew Smothers since 1872; his reputation for
peace and good order was good.
| CroSs-CXamined: lie heard that Smothers
was taken before young lady for the purpose
of seeing if he was the man that outraged her;
| he had never heard his character for peace aud
good order discussed aud did not intend to ties.
tify to It..
Gideon Lyon testified that he resided at Sl3
| II street northeast lie knew Smothers' reputu-
| tion for peace and good order, and ii was good
he was home and in his neighbOrhood all last
evening; lie saw Sergeant Brosnan Friday
night, but had no conversation with him; hc
saw an officer named Simpson, who asked the
witness If hc could not put him (thc ollicor)
on the track of some respectable citizens in
| that neighbOrhood who would be able to tes-
t!fy to the bad character of Smothcrs--tha
they were going to put in II lot of evidence as
| to his good character, aud they wanted to OF
| set IL; tho witness replied "no:n Simpson then
asked him if he could not trump up somebody
who would swear to Smothers' bad character;
the witness said that he did not know Wuy
such person aud the officer left.
Crcss-eXamincd lie knew that the neigh.
hors spoke well Of SmOthers, but the witness
Judgment was made up chiefly from his own
observation; he knew of him hciug arrested
once for assault; hc did not suppose Officer
Simpson intended to do anything wrong; he
had known him for some time, aud did not be-
lioye that lie would engage in anything not
right; his supposition Of the matter was that
the Government had got hard up for witnesses
and sent out to scare up some; he did not iu-
form the Chief Of Police, the Court or the Dis.
trict Attorney OF this occurrence.
This closed the examination.
Mr. Perry asked that the witness be held
for the Grand Jury. He said that if what the
witness said passed between him aud the otli-
Ger was true then the latter was unfit to be Il
policeman, and his case should be sent to the
Grand Jury. l. was finally decided to hold
the witness, and send for the officer and hear
his statement.
Alfred Dockott testified that he heard of
the outrage on Sunday morning; the day
before and Friday he was at work ut the
brick yard Oh II and Boundary streets; he saw
him Friday night on the corner Of Tenth and
1 streets; he left the brick.yard at $50 O'clock
and left the stable between and Z o'clock for
home; 1t was before that he saw Smothers ON
T,nth street going toward Ninth street. and
. did not see him again that night.
Cross examined: 1t took about ten minutes
to 90 from the brick yard to the stablo it was
, after 6 o'clock, about five minutes, when the
} witness saw Smothcrs on the street and asked
; him for chew of tobacco.
>. Dorsey Williams testified that he first heard
of the outrage on Saturday night he saw
Smothers Oh Friday night in Curtn's store,
; and did not sec him again that night.
Cross-ex0miuCd Smother5 worked on the
suwcr on Friday, and quit about 10 o'clock.
TO juror: He had on light pair Of pants.
Kate Tuliver testified that she lived on /,
0 between Tenth and Eleventh streets north
east: Mrs. Polls lives in the same house with
her; she heard Of tie outrage on Sunday, and
saw Smothers at her house on Friday night;
= hc came 10 the door aud remained n few mn-
utcS, IL WAS twenty MINUTES 10 q CtpCht SIG
did not suppose it WAS very dark, as she had
not lighted her lamp.
I Emma Lee testified that she lived on street
southeast, between ThiSeenth aud Fourteenth
streets northeast, in February last; she heard
of the outrage on Saturday morning; the night
) before she was at her sisters (ilrs. PolIs)
house, on l street; she got there about 9
o'clock, and stayed until little after s; she
saw SmOthers at the house, on the platform; it
was then twenty minutes TO 8 o'clock; she
looked at the time just before he came I'M he
did not stay there more than minute, and
she did not SEQ him again; Mrs Polls house
, was two doors from Woods shoe-shOp
Cross.exumined She had known Smolhers
a year or two; she did not reColcct the month
or the day Of the month when the outrage
. occurred; it was a dark night Friday even
: ing; il took her about half AN hour to walk
from her service place to her sisters house,
aud she started there that night at o'clock;
l the clock struck eight before she started for
home; the lights were lit when Smothcrs
10 came in; he did not have much if any whisk-
Q ers on his face; he bad on Il dark coat, but she
4 could not see his limbs or hands, us he only
IS put his head and shoulders in the door
! Archie Thompson testified that he knew
y smothers reputation for peace and good order,
: and 1t was good
Y , Crossexanlued: lie had never spoken
I with any person on the subject nor had any
. one spoken to him about IL; he had never
heard SnOthclh reputation ulscua5eui SmOlh'
= els was arrested on suspicion Of having com.
mittcd a rape upon Miss Wilson.
Luring Chappell testified that he knew
70 SmOtheIs, and his reputation was good 50 laI
, us the witness knowledge went
d ID. d. Kuuo testified that ho was q patent
b lawyer aud mechanical expert His testi'
mony was excluded aud an exception taken,
Miner Polls testified that he lived on /,
, between Tcnth aud Eleventh Streets in The
(; same house with JoIu Tolliyer aud his wife
. ho heard Of the outrage and Of Smohcrs mr.
y rest and saw the latter made; he came to wit
% ness house ON Friday night, aud went up stairs
10 after q short talk with the witness, aud he did
r not see Smothers again that night; It was dark
when he came there,
: Peter spriggs testified that he lived on !
street between Tenth and Eleventh streets
he first heard Of tho outrage on Sunday and
Of SmOthors' arrest tho witness saw him on
the Friday night before; It was a quarter past
" o'clock; ho left the City Hall little before
half-past 9 o'clock, and whcu he got to Ninth
" and streets northeast the boil struck quarter
= past T.
I. Annie Polls testified that she lived on
street between Tenth and Eleventh streets
northeast; she liyeG IN the same house will