Morning journal and courier., 1881-04-09

a "rFs+~ &VAk IOT. .IxlHGe The Smith murder case-Further Prog
 ress Ofthe ass-Testfmony for the De-
 fenSe.
 The scene was som ething dramatic at tho Superior Court room in the trial of young Smith for the murder of Chief Hayes of An sonia when Mrs Hayes, wife of the murdered man, was testifying, the tears at times run ming down her cheeks as she recalled the last sad melancholy facts she knew regarding her husband 5t i. T T7aA-- lf'
 The last thing he said before he left the house was that he was going to arrest Chip Smith. Mrs. Hayes saw her husband after he was shot. She heard Father Costello say to her husband the day he died t'Dan, you have only short time to live" (weeping). In reply Hayes said Father Costello, it isn't so hard to die; it isn't for myself wish to live" (weeping). That was all he said then. Father Costello read the prayers for the dying, lit the candle and performed other rites peculiar to the Catholic church upon such occasions. After the rites except the last prayer had been performed the dying man made a statement to MT. Ellis. When Mrs. Hayes had entered the room her husband said Sarah, I am through" The witness was present when Hayes made statement The. defense did not cross-examine the witness. While Mrs. Hayes was testifying she did not look at Smith, who sat between his counsel, nor did he look at her. Directly in front of the witness box lay the pistol with which the shooting was done, on brief containing evil dence, and pointing directly at Smith.
 MT. Ellis was recalled to give the dying mans statement, the defense objecting and taking exception. The statement given was as follows:
 He said that Mir. Smith, stGhips' father, came to hi his & house s and saia ne R ssEesed that couldn't stand 1t any longer He afterwards two of "Chips" sisters and they told him about the go to the house of Mr. Smith to if he could ind Chip, and, ii so to arrest him He couldn't md him of the street leading to the depot the known as Dermody's Hotel corner. There he saw
 Davy" Hayes leaning up against the railing at the corner of the building. 'sDavy" looked up and kind of smiled. Just down the street he saw Chip and going up to him told him that complaint had been made to him for his making disturbance; that he had better come along with him. He said, iGfye me none" Hayes says. Yes, you have and you had bet ter give Gpn He stepped up to him, put his hand Come along" Chip said, '.No, he wouldn't" Be un- dertook to force him and they had struggle In the and fired. He says sChip, guess you've done it."
 The statement was taken down in writing by the witness as nearly word for word as he could. rs---szsv s
 Thomas Fogarty, of Ansonia, 16 years old, the first witness for the defense, was positive he saw Hayes club Smith five or six times over the head before the shot was fired that caused the officers death. The court would not let the defense show by this witness that his father had vicious dog and that Smith had said that he bought the revolver to shoot the animal.
 Policeman Ellis was recalled and produced the revolver and billy of the dead chief He testified further as to how the physicians worked at the wound in trying to save Hayes.
 David Hayes was called, examined by Mir. Fox, and testified to seeing Chip Smith drunk and to Hayes asking witness where that "crazy loon" meaning Smith, was, saying that Chip had a pistol and he was going to take it away. He then said Smith denied having pistol and that the deceased search ed Smiths pockets without finding it, and that then the scuff1e began, and then witness saw the pistol. The next thing the shot was fired and witness saw the flash. Witness didn't see who fired the shot, Witness didn't know which said T am shot.''
 To Mir. Doolittle witness said he did not kick Hines, who was helping Hayes, then or
 
 mitted to havinga had drink with Hayes, and it was shown that witness had been brought from jail, where he had been serving out sentence for receiving stolen goods. James Dermody, jr., son of the proprietor of the Ansonia Hotel. testified to seeing Smith intoxicated the evening of the killing. Edward Ryan, a brass polisher living in this country year, heard the shot and saw the flash, and saw that the accused was drunk. Had never seen him. drunk before. There were about 100 in the crowd that gathered after the shooting. Saw blood on Smiths face and all down his forehead Saw Hayes strike Smith two or three times while he was there. Heard Hayes call for help. Heard Hayes ask, 'FWill some of you come and help me take this man ?''
 Mir. Blydenburgh during recess, finding something on the barrel of the revolver look ing like blood, had subpoena issued to bring Dr. Moses C.. White into court and to make a microscopic examination, which the Doctor was making yesterday afternoon.
 Richard Ryan testified to seeing part of the scuff1e, but to nothing new.
 Barnett Gagan testified that he saw Hayes, while going to the lookup, strike Smith on ] the head with something number of times, | and heard the latter say: .'You can club away you can't do any more than kill me. '' Hayes answer was: q don't want to kill l you; I want you to come to the lockup.'' Court then adjourned until next Tuesday at 10 a. m.