Morning journal and courier., 1881-04-08
On Trial For His Life.

The Smith Murder Cnse-Eurther Frog
 ress of the Hearing-Testimony for
 the Defence Reached.
 In the Chip Smith murder case before
 Chief Justice Park in the Superior Court
 yesterday, the work of the day with the re-
 call of John G. Steele for ross-examination
 by Mr. Timothy J. Fox began. This witness
 saw Smith and Hayes scufaing and both in
 nearly a falling position, neither having
 weapons. It was elicited that when Hayes
 told Smith he was his prisoner that Smith
 acquiesced and said he would go along if
 Hayes would let go of him. Hayes then let
 go Three seconds after came the shot and
 Mr. Hayes call for help, and the word that
 he was shot. The witness further testified
 to seeing Hine go to the help of the wound
 ed man, as also a young man, and witness
 then left to go to the Opera House. Witness
 was an actor by profession and was last with
 J. c. Duff, of the Broadway Theatre. Wit
 ness did not see any blows pass between
 Hayes and Smith, but saw the glitter of a
 pistol just as the shot was fired, but could not
 see who held it.
 The next witness was Philip Hine, of An
 sonia who knew both the murdered man
 and the accused and saw them at about o'clock on the evening of the shooting on Main street, Ansonia. He heard Hayes say to Smith, Well, yes, know Chip but then you had better come along"
 The witness stopped and saw Hayes try to put the ''nippers'' on Smith. The two strug gled over to where Hine stood, and the latter moved out of the way. He got about fifteen feet away when he stopped, turned around and heard a shot fired. He went back to the two men, Hayes cried out. 'sI'm shot" and called for help None of the crowd that was gathered seemed to respond, and then Hayes who knew the witness, called him by name and the latter went over and took hold Of Smith. The three had struggle and went | down on the sidewalk. When they got up Smith was between the two who held him. | The young man still grasped in his right \ hand the revolver that the witness noticed he ! held when he went back to help Hayes after \ the shot was fired. This hand Hayes held, | while the witness clutched Smiths right arm | further up. The witness distinctly heard \ Smith snap the hammer of his revolver three times while so held. Hayes called for more help and Charles Martinez, young man, re- | sponded, and finally Smith agreed to go \ along. Thereupon Hayes asked Hine to go N for doctor, and Smith, Hayes and Martinez \ started down street.
 The witness was cross-examined by Mir. | Blydenburgh, witness in response stating that | he heard but one pistol shot, and that the \ nippers came of from Smith, not having been locked and witness found them lying on | the walk He did not see who fired the shot, nor see the revolver before the shot, nor ! whether Hayes used his billy before the shot. | A. w. King, of Ansonia saw the scufhe ! and heard the cry ''Tm shot, and starting | toward the spot saw revolver in Smiths | right hand. He was forty feet away when \ the shot was fired and heard only one shot. Dr. Baldwin was recalled and testified to | his treatment of Hayes after the shooting and \ what medicines he gave him.
 In the afternoon the first witness was Ed | ward F. Lundie, of Ansonia. Heard the pis- | tol report, and looking out of his store saw ! the scuff1e between Hayes and Smith, and I that Hayes was hurt. He ran to the spot | and asked Hayes what was the matter, Hayes ! replying that he was shot, and witness then \ calling to persons near by to help arrest the
 man who fired the shot, Seeing the pistol | held by Smith pointed at him witness re- | tired back to his store. Witness on the ! cross examination said he knew of only one | shot.
 Eli Wakelee, of Derby, farmer, was in MT. Lundie's shoe store when the shooting | took place. Looking outside he saw three men scufaing. The three were Hayes, ' Smith and one other man to witness not known The two were apparently getting II I was shot and asked for help. The witness went forward and some one got ahead of him | and grasping Smith started on down towards the lookup.
 Thomas S. Ellis, bailiff of the borough of Ansonia and policeman at the time of the | tragedy, testified to arriving on the spot just after the shooting Hayes and Larkin had ! hold of Smith, and the former told him to go ! down to the lookup and unlock it. He went ahead of the others, and while on the way to ! the lookup heard Hayes say: HChip, guess you wound me up." The witness turned around, and seeing that Hayes looked ex- hausted offered to relieve him and help Lar kin convey Smith to the lookup. Hayes, however, said ''No go and unlock the door. J This the witness did, and Hayes turned the prisoner over to Larkin to be locked up, say | ing he was shot. At the invitation of Mir. Ellis, Hayes went to the witness house, ii being nearer than his own residence, he be ing desirous of being examined by physi- elan at once.
 MT. Ellis told who were present at the death bed. Besides the witness and Mrs. Hayes there were Dr. Baldwin and Catholic priest. The defense again objected to the admission of Hayes dying declaration to the priest or any one else, but the State claimed I it on the ground that Hayes knew he was about t0 die and that therefore it was admis- sible. To the question ''What passed be- tween Mir. Hayes and the priest, as far as you know,' formal objection was made by the defense, and it being ruled in by Judge Park
 formal exception was taken. The witness answer was t,Nothing at all" After more objection, more discussion and another exception, the question was asked, ''At any time on the day of his death did Hayes say anything to you about his dying?'' The witness did not remember that he did. Witness identified the pistol in court as the one he saw Dr. Baldwin take from Hayes pocket the night of the tragedy. This clos ed the testimony for the prosecution. MT. Fogarty called for the defense, and testified with reference to the shooting, and that he heard the murdered man use the words after being shot, ''He shot" The counsel endeavored to get some qualification or objective sense to the words, but witness remained firm in his original statement. Adjourned to this morning.