Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-04-17
The Lena Leins Outrage Case.

Leins, On February 9th, was continued yes.
terGay AFTER our report closed-District Attorney
ment, ard MeSSrS. Benjamin Davenport assisted
oy Howard c. Clagett. for the prisoner
David Curron, the grocer at Inc corner OF 10th
that he left WORK at 81 o'clock; reached home
In Is minutes afterwards, and Jones came in
about IS minutes after that, and in about the
NAMED Is minutes This would make Smoth-
ers time OF leaving about 81 o'clock-REP.I
john X. Green (colored3 testified that he lives
at 1908 / street northeast, works at 1913; re-
members the night OF the outrage: but did not
near OF 1t until Saturday night. Saw Smothers
at 8 O'Clock In the shop; he was standing there
talking when witness went to supper
By turOr.-SmOthers wore a dark coat and
light pants and had his thumb tied up.
James W. Wood testified that he was a shoe
maker at 1913 street; heard of the outrage sat
urday night, and the arrest OF Smothers On SIM
day evening; saw Tom on Friday night at his
shop about O'Clock, but he did not stop there
long. f '-'0''
Cross examined:-Have no regular time tn
close up, sometimes work nearly all night:
WORKED I'LL O'CLOCK in the morning of Thurs
day OF last week; had no regular meal times;
Stnerally eats when he feels like IL; Smothers
mad LEFT but came back and he. with Green and
TWO or three Others, were In the shop when he
took supper about O'Clock that night: don't pay
much attention to o'clock. Smothers Jnrn
lived on 18th street. between G and ii; knows
that sometimes SmOthers went up stairs waere
a widow named Sullivan lives; don't know that
John Green was recalled and cross examined
by Mr.. Perry.-Witness did not tell Sergeant
Brosnan and Officer Dunnigan at Woods shoe
shop, 1913 street northeast, that Smothers left
The house at 6:05 O'Clock On the evening OF the
outrage. that he stayed In the shop that even
ing, and that Smothers did not come there any
more that night; witness did tell Sergeant Bros
nan, and shake his finger at him at the time
that the words would meet him In Judgment
and That ne did not see SmotherS after o'clock:
with LETT there shortly after O'Clock, came
n "a
see SmotherS again that night.
Louisa I1ilman (cOlored) testified that she
lives On 18th street; that Sarah Smothers lives
In the same house. and that her father and
brother lives there; that on the night of the out
rage Tom SmOtherS came home while the street
gas lamps were being lit, and speaking as he
passed Dy, said, Its very warm" and went up
stairs; never saw Tom again until Saturday
n1ght, when ne came home drunk; Smothers had
on Light pants, dark coat and SLOUGH hat.
John Bell testified that he is the father of the
last witness and in the same house with Smoth-
ers. Witness left his work at the tar shed on
the night or the outrage just as the shutdown
gun 1red. and walked home. He was old and
feeble, and took some time to get home When
he got home Tom SmOtherS was sitting on the
steps inside the house talking to witness SON
;n-iaW. Don't know what time it was. Went
TO sleep and knows nothing more about it. and
that's the Gods truth.
Job Tillman corrobOrated the testimony of
his wife that SmotherS was at his house soon
after he (witneSS) returned from work: witness
LETT work at $50 and came home directly: Tom
SmOthers and his wife cooked their supper on
witness stove and carried it up stairs, and then
witness went up his stairs and went to bed
This was the night OF the outrage
Fanny Green, colored, testified to seeing
SmOlhers near bis house about O'Clock on the
evening OF the outrage. He was going across
street 10 John Green's shoe shop. They passed
a word or two, and witness saw him no more
Permission was granted the jury to walk out.
and TO pass over and examine the neighborhood
OF the outrage.
Fifth Day
THIS morning prior to the commencement OF
the trial, the prisoners against whom indict-
ments were found yesterday were arraigned
which prevented the court getting to work until
1855 o'clock There was much larger attend
ance OF spectators this morning than any day
so far
Mr. Eustice Collett living at 7G1 2d street.
northeast, testified to Smothers' reputation
being good: ON cross examination Mr.. c. said
that he had not heard his reputation discussed
until after this occurrence.
Mr.. j. E. Engel testified that Smothers' repll-
tation was good; had known him for years
ON Gro: s-examination witness said that he was
one of the twenty policemen commissioned to
take care of the neighborhood; never heard
until yesterday that SmotherS had been arrested
fof rape on young lady; never heard that he
SmOthers character for peace and good order
discussed.
Captain Gideon Lyons, living at sls II street
northwest, testified that the prisoners reputa-
ton was gOod knows Sergeant Brosnan. An
objection was made, but the court overruled it.
and the witness was asked If Brosnan did not
solicit him 70 appear as witness against Smoth
eTs, and said he must trump up some evidence
Witness answered that he saw BroSnan last
night, but had no conversation with him. Last
night Officer Simpson came to him and asked
him If he could give him the name of some wit
nesSeS who would offset the testimony as to
SmOthers good character, and he said that he
could not. Simpson then asked if he could not
trump up some witnesses On the subject, and
witness said he did not know that such could be
found.
CIoss-examined: Witness has been employed
IN the Pension ONCE since 1876; SmOtherS' re-
putation was well known In the neighborhoOd
but witness statement Was based principally
on his (witneSS0 observation. Witness did MOI
think that the words used implied wrong on the
paII OF Simpson; thought that the prosecution
was getting short OF witnesses and so sent the
officers out for more. Had not told the chief of
police. the court or any other officer Of what
simpson Said and did not know but he was a
MT officer for the force. Witness told Mr.. En-
gel and Mr. Davenport OF what the officer said
this morning.
Mr.. Perry submitted that this witness should
be held for the grand jury. for If his testimony
Is correct the officer should be proceeded
against.
The Court directed that Capt. Lyons should
Alfred Docket. c0lored, testified that he lived
on street. between 10th and 18th; first heard
OF the outrage and Smothers' arrest On Sunday
saw Tom on the Friday night before
at the corner OF 10th and l streets, as he YVES
On mis- way home from the stables; Smothers
was walking across 10th street at the time GO
ing towards 9th street; asked him for a chew OF
tabacco; this was between 8 and O'Clock and
near Curtains store.
Cross-examiued-Left work at 81 O'Clock, and
putting up his horses left the stable after +
O'Clock; reached home before o'clock; don't
recollect OF having met SmOtherS any other par
tcular night
Dorsey Williams (colored) testified that he
heard OF the outrage on Saturday night; saw
Smothers on the night before standing in Cur
talnS store. On crosse examination witness said
Smothers worked with him on the sewer that
day.
AT this point a recess was taken to las ocrk,
and the jurors were sent to the National hotel.
During the recess Mr.. Perry said, that he
should, after Officer Simpson Is heard, ask that
Captain Lyons give bail TO appear before the
grand jury, for ii the latterS testimony is true
the officer should be indicted and il the teStl-
mony is untrue Captain l.. should be indicted.
MI Davenport said that Captain Lyons would
always be ready TO meet any charge which
others
The Court.-Mr. Davenport, will not hear
more now.
Mr.. Perry.-Before the court adjourns we will
call the subject up again.
ON re assembling, Kate Tolliver, rather
heavy built cOlOreG woman OF about rs years
testified that she lived on street, between 10th
and 1lth streets; did not hear of the occurrence
until Sunday morning; Tom called at her house
On Friday night at $40 O'Clock; Emma Lee
looked at the clock and told the time: did not
think that Ii was very dark for she hadn't
lighted her lamp.