Morning journal and courier., 1881-04-13
On Trial For His Life.
The Smith Murder TrfaI-Experts Tall
 ing-The Proceedings Yesterday.

The Smith Murder Trfa1-Experts Talk. ing-The Proceedings Yesterday. The Superior Court came in again yester- day morning at 10 o'clock, Chief Justice Park on the bench, and resumed the hearing in the trial of James Smith of Ansonia charged with the murder of Chief of Police Hayes of Ansonia last December. Thomas S. Ellis was the first witness yes terday called for the defence by ex-Judge Blydenburgh to testify that Hayes revolver was taken from the wounded mans right hand pants pocket, while the one the Chief took from Smith was taken from Hayes left hand pants pocket.
 Professor M. c. White of the medical col leger, testified to finding on the barrel of the revolver given him spots corresponding to blood stains. He had tested the matter in various ways. He fully believed the dark stains on the right side of the barrel were blood; but it would require weeks to make thorough examination.
 MT. Doolittle cross examined the witness briefly and then dismissnd him. Before do- ing so the witness raised the revolver and looked at it, holding it so that it pointed in Mir. Doolittle's direction. Mir. Doelittle ex- claimed to him word of caution, saying, .stDon't do it." The episode awakened ripple of merriment.
 Mr. Blydenburgh asked to have the barrels of both the Hayes and Smith revolvers ex- amined to find out if possible out of which barrel the bullet came.
 Mr. Doolittle objected to it as proftless proceeding.
 The court ruled that the matter be referred to experts for guess or an opinion.
 Mir. Joseph J. Sweeney, formerly of Win chester's Armory and of the New Haven Board of Education, was called by Judge Blydenburgh. He testified as an expert He testified to an experiment made in company with Russian officer, and gave it as his opin- ion that the bullet that killed Hayes showed the mark of the pistol barrel through which it had been fired, and he thought by examin- ation and by making experiments he could tell which of the two revolvers the bullet came from, if either.
 MT. Dool tile asked MT. Sweeney how he would go to work to prove his statements as related to the case.
 Mir. Sweeney said he should pour hot lead around rod placed in the pistol barrel and then on taking out the lead when it cooled the grooves would be marked on it the same as it would be marked on a bullet fired from the same barrel As the cross -examina. tion progressed, the two lawyers grew pretty hot, the State Attorney calling out at one time to MT. Blydenburgh, Don't you accuse me of petifogging; don't you do it.' . MT. Blydenburgh again took hold of the witness and led him to say that bullet fired from grooved pistol retained marks of the several grooves that would enable an expert to tell from what pistol it had come. Mir. Doolittle followed and seemed to get equal satisfaction from the new answers.
 MT. Doolittle then demonstrated to the court against allowing the revolvers in this case to be fired, quoting from the Billings trial in support.
 Mir. Blydenburgh equally strongly insisted upon the propriety of the experiment.
 It was finally arranged to use other weap- ons, as just as good to decide the point.
 Joseph Andrews, of Ansonia next testified. He saw the scufhe and heard shot. He thought he saw pistol in Smiths hand and pistol in Hayes right hand. He saw Smith hit Hayes with his fist, and then saw Hayes put the pistol he had back in his trousers pocket. The witness saw Hayes draw back his right hand and he cried: sDan, what do you mean ?" The answer was: q don't want to shoot him" The witness told Smith to go along peaceably. The latter replied that he was all right and was going home. When the witness first saw Smith and Hayes, both men appeared to be striking and Smith was bleeding, the blood running down his face
 The trial was delayed some time in the af- ternoon by a motion made by MT. Fox that deposition be taken from Rev. Father Cos tello, of Ansonia, who received Hayes dying statement and is ill with a severe cold-too i'll to come to the court. MT. Doolittle op- posed the motion, but Chief Justice Park granted it.
 Mr. Thompson, the gunsmith, who sold Hayes his revolver, was recalled and testified, ] and after him young Smith, a brother of the l accused, testified that his brother did not l have a pistol in his hand at the time of the ] fatal shot. Court adjourned until this morn l ing at 10 a. m. The trial will last several | days more.