National Republican., 1880-04-17
OPENING THE DEFENSE.
SmOIhers' Counsel Undertake to
Prove an AIibi.
Tho Government O1ors Moro Damaging
Testimony-The Lnmpiightor's story
SiGnaI-ofrice Records offered as
PrOOE-polks who Saw Tom
Smothers on the Night
of the outrage.
Tho smotbcrs Trial.

tho night of the 27lh Of last February, was
continued yesterday before Justice james Ia
the Criminal court. Tho order restricting tho
uumbcr Of spectators has had very beneficial
effect in Keeping bcttor circulation of air in
the chamber and providing more space for
those required TO be in attendance. The first
witness called was William H. Horsom, who
testified that he was lsmplgbter; he re-
collected tho night of the 27th OF February;
on that night colorcd man approached him
about ten or fifteen minutes past at tho
corner of East Capitol and Eighth stroots;
the witness was in the act of lighting tho
| lamp when the cnlored man said don't light
that lamp 1t is too soou;" witness answered
that he guessed he know his own business
aud lighted the lamp; be was o tall man, had
on light pants, dark coat and dark slouch hat;
he had piece OF muslin around his left
| thumb; ho would recognize the man If he saw
him again; LSmothors identihed;l no turned
and loft the witness, and went south, walking
| fast; II would have taken the man about three
minutes at the ratio he was going to walk 10
the corner of Eighth aud d streets.
Cross-oxaminea l1c commenced lighting
the lamps that night about ten minutes of
| 6; it was dark when he mot the man at
| Eighth and East Capitol streets; he did not
| have watch with him that night; he began
| lighting that night at Pennsylvania avenue
| and Eighth street, went down Eighth to the
navy-yard gate back TO G. street, through
to Tenth street to u street. TO Ninth street,
| to Pennsylvania avenue, to South Carolina av-
enue, to Eighth street, to 3 street. to Eighth
street, to East Capitol street; it took the wit
ness from an hour TO an hour and ten minutes
| to 90 over his route.
| Miss Frances Gross testified that she lived
at 1901 Maryland avOnuo northeast; she rec
objected the night Miss Lcins was knocked
down; the witness left homo that night AZ i've
minutes past o'clock to 90 to st. Joseph's
church, she went west along Maryland ave-
nue. until size reached the park and then
passed through; between Sixth and Seventh
streets she noticed dark form standing by
tree-box, but did not take particular notice of
| IL; when passing she curved away from the
| form; she was not exactly frightened, but
thought it best to avoid it.
Cross.oxamued 1t was dark and she was
on the same pavement with the form, but
did not give IL any particular notice.
Master Andrew Cramer testified that he
lived on Fifteenth street northeast. He was
going to church that night with his sister he
saw u man by tho trco-box; he was big, tall
man, rs high as the tree-box.
Maggie O'Donnell was called, but proving 10
be nero child, the Government decided not
TO examine her
Miss Lizzie Butterhof' testified that she
lived on Twelfth street northeast. She recol.
lccted the Friday night of tho occurrence and
was going to church with Maggie O'Donnell;
they were on the right-hand side of Maryland
avenue aud saw man behind tree box about
half square from Mrs. McCartney's grocery;
he was colored man, taller than the tree box;
he had on light pants, dark coat aud dark
slouch hat; there was lamp lighted on the
corner; she did not know whether she had
ever seen the man before or not; she thought
she would know him If she saw him. [Boing
directed by the Court to look about her aud
sec if she could find any person resembling
the man sEo saw on that night, she, In little
p while picked out Smothers
Cross-cxamincd She took one look at him
and then left, as she was frightened and afraid
he would come after her; she went to tho
jail DO one told her he was tho man. she wont
in aud picked him out herself
To a juror She saw tho mans face good.
| James MCDevitt. detective, testified that ho
went to the Jail with Miss Lizzie Butterhof.
[Remainng testimony ruled out.l
Miss Lena Leins recalled When she left
her house to 60 to church that night she was
in perfect health, aud when sne left tho lot
nothing happened to her before reaching
= home; what injury she received was done
while she was unconscious; her father and
, mother were both dead.
The Government here rested with the uu.
] Outstanding that they might call one witness
D when he came in.
Mr. Howard G. Clagctt mado brief opening
for tho Defense While admitting that the
, crime was committed, aud acknowledging that
it was one of the most terrible known, and
deserving of the sovcrest punishment, still,
, there must be no undue haste in the trial oi
those accused. Their defense would be that
the accused not only did not commit the
crime, but was not in the locality when ii
was committed
At this point the District Attorney an
nounced that thoy bad brought from the jail
the man that shaved Smothcrs, but the de-
fonse admitted that he had bis side whiskers
elu al IA flprp
not put on the stand.
! A transcript from the records Of tho Signal
Corps was put in evidence, showing that the
night of February 27th was cloudy, also that
the sun set on that night ten minutes before
= 9 o'clock.
Tho first witness examined was Charles b
. Bailey. lie was secretary of the Washington
ght Company. The schedule for the 27tl
of February required that lampighters com
mencc lighting at ten minutes after @ O'Clock
Cro5s.examned He did not know WHOM
any particular lighter started to light hi,
> lamps or the length of time it took him,
John Jones testified that be resided al
Tenth aud ] streets northeast; he had seer
Smothers and had heard of him. no knew the
: night the crime was said to have been com
: mitted; he was in Curtin's store, corner o
Tenth and streets and SmOthers came in
working; it was between and o'clock tha
the witness went 10 the store, aud he had
y been talking with Curtin about ten minute
y when Snothors came IN; he talked about tel
IS or fifteen minutes with the witness; il was
3 clear evening, aud the sun set clear it wal
5 getting dark when the witness went TO tn,
. store; he heard of the crime on Sunda!
= evening, aud he saw Smothors tho Friday
% before; no had never heard the reputation
y of Smothers spoken Of
IS Cross.examined: The witness resided abou
eight sQuars from tho scene of the out
r rage he had no particular reason to notice
SmothOrs closely that night; he was sober; die
not believe that he ever met Smothers in tht
oo store before that night, although lie lived il
90 that neighborhood; he did not remember be
~ ing in the store on any other evening in tina
u" week except Friday night.
To a juror: lie did not know how Smoth
ers was dressed some time before that he haC
Os bone folon on his thumb and had it tied up
81 he had dark coat on; after he talked tel
10 minutes 10 Smothers the latter went out; afte
IS Smothers' arrest tho witness tried to fix tn
o99 timo of the meeting in tho store, as he ex
," pected to be a witness
r. David Curtin testified that he kept grocer
store corner OF Tenth and streets northeast