Morning journal and courier., 1881-04-14
SuurnaI arto Courier.
Morning, April IA. 1881.
Local News.
On Trial for Life.

On Trial for Life. The Chip Smith Murder Case-Getting guments in Progress.
 The arguments were begun in the Chip Smith murder case yesterday afternoon.
 At the opening of court yesterday morning Policeman T. s. Ellis, of Ansonia, was re- called again to the stand and testified in answer to ex-Judge Blydenburgh that he re- duced to writing a statement made by Chief Hayes just before his death, going into another room to do it, after hearing what Hayes had said not writing it down word for word as the dying spoke it.
 MT. Blydenburgh informed the court that the defense was unable to find a revolver similar to the one said to have been owned by Hayes, with which to make the expert ments referred to yesterday; and if further search proved unavailing, the proposed ex- periments would have to be abandoned.
 John Fogarty, of Ansonia, testified that Smith the night of the shooting fired the pis- tol of in witness saloon and shortly after fired another shot outside, where he went, when witness refused ale to him.
 Owen Smith, brother of the accused, cor roborated Fogarty's testimony.
 The mother of the accused, Mrs. Mary Smith, was the next witness, and testified to seeing her son under the influence of intoxi- eating drinks the evening of the affair be- fore the shooting She heard shot fired also by her son as he was walking down the street.
 The sister of the accused, Julia Smith, cor roborated the mothers evidence.
 Dr. P. A. Jewett testified to visiting the accused in the county jail, and found him partially deaf in one ear, the result of scarlet fever.
 The Father Costello deposition was taken up and the jury were excused while Mir. Doo- little took objections to the fifth and sixth questions in it, which were Relative to the probing of the wound of the deceased.
 The first objection was to the fifth inter rogatory regarding the probing by Dr. BIod- gett, the deponent saying that he saw Dr. Blodgett do the probing, but he could not tell how far he probed. But he heard the physi- elan say the probe went in about three inches. Mr. Doolittle claimed there was no evidence to show this was part of the res gesta and that the proper way was to put Dr. Blodgett on the stand and then the whole truth can be got at.
 The sixth interrogatory was During the | time you were in the room with said Daniel J. Hayes did you see any firearms taken from the person of said Hayes, and if so by whom ?'' The answer was-sT saw and took a re- volver from his hip pocket at his request. I | disremember the exact words, but the knowl- | edge that have is that he wanted me to se- | crete it from the observation of others I l kept it about five minutes and Father Galla- | gan came in. I consulted with him about it, | and he advised me strongly not to do 1t, and 1 I did as he advised by replacing it in his | right hip pocket" MT. Doolittle objected to l the admission of the words Che wanted me | to secrete it from the observation of others, claiming this to be an inference on the part l of Father Costello, and a wrong one at that l Hayes really meaning that he wanted the re l volver kept in safe hands for use in the courts.
 MT. Fox claimed that the objections were l not well taken, and expressed surprise that the State Attorney should be so anxious tc take advantage of every legal point, nc matter how insignificant, even going SO fal l as to split hairs, in case involving the life of boy.
 Chief Justice Park declared that the evi dence was admissible, the jury was called back and the deposition was read. It con tains nothing new of importance beyond wha IS given above in the answers to the fifth anC sixth interrogatories the balance consisting of formal questions and answers leading III to those important ones.
 I Here the defense rested. Albert Chat field, of Oxford, was called by the State ant testified to seeing part of the scuffle and t. hearing shot fired. He had his back to tn scene, being engaged in tieing his horse which was restive, and the pistol ball passet close by him.
 | Thomas s. Ellis was recalled and testife that there was blood on Hayes hand whel he was brought to his house after the shoot ing, and that his knuckles on the right ham were wounded and bloody.
 l Charles Martinas, who assisted Hayes t arrest Smith, testified to Smiths kicking hin and hitting Hayes in the face on the way t | the lookup. In the scuf1e which followe Hayes dropped his handcuffs, and Martinas who was helping also, picked them up Martinas handed them to the officer, who pu them in his pocket, and Hayes pistol went o1 as he was taking them.
 l Policeman Ellis was recalled and testified i rebuttal for the prosecution that he saw tn accused fire two shots from his revolver a hour or two before the shooting of Hayes This testimony is important, as the defens claim that Smiths pistol had three empt chambers and that Smith fired three shots be fore the fatal scuffle.
 Dr. Blodgett was called for the State an : testified that he did not tell Father Costell that he had probed the wound to the dept of three inches. To Mir. Blydenburgh- did not in fact use a probe at all. used director.
 The arguments were then begun, MT. Nun ger opening for the prosecution, reading au thorities upon the subject of deliberation t show that the case was one of murder in th first degree also authorities to show that il cases where the prisoner was under the infu ence of liquor, if he was sober enough t know what he was about and sober enougl to shoot, he was responsible for the result of the acts.
 Mir. Munger followed his authorities witt some cogent reasoning and an able plea wa listened to with interest by the large audi ence.
 T. J. Fox followed for the defence, maxim, an able argument, which will be conclude. this morning The court adjourned until Il @. III. to-day.
 Itching Plles-SymptOms and Cure. | The symptoms are moisture, like perspira