Morning journal and courier., 1882-07-14


 necticut reports. So much of the charge as was made verbatim as requested was copied by witness and lodged with the clerk of the court within three days. Upon this point the witness was positive.
 MT. Blydenburgh stated to the court that he did not care to discuss the question. He thought it strange, however, that the copy of the charge could not be found.
 The petition for a trial was then taken up. Mir. Blydenbargh explained that he had notified Lawyer Ballou, of Ansonia, dis tinguished and apparently devoted friend of Smiths, that he must subpoena witnesses and have them in court at 10 this morning. Mir. Ballou being i'll he could not personally attend to the subpnnas, but intrusted another to look after the witnesses. For this reason the witnesses could not arrive here until af- ternoon.
 When the hearing was resumed at in the afternoon bare handful of spectators were present. With little delay the proceedings were begun by the introduction of Hos. Charles Durand to the witness stand, who after stating that he was native and life long resident of Derby, testified that he had known "Chip" Smith by sight during the last year or two; on the afternoon that Hayes was shot the witness was in his office in the Osborn & Cheeseman company's shops :; Smith entered the office apparently in the Keeping Of another man as Smith entered he was first brought in contact with the bookkeeper, to whom he applied for work j; he was told that the concern needed no hands; another clerk in the office told Smith that there might be vacancy in the burnish- ing department and recommended him to apply there; Smith and. his friend then passed through the office and close by wit ness desk and thence out at the door oppo- site that at which he entered witness no | ticed in Smith unnatural air and carriage and supposed that he was suffering from a drunken craze his eyes had an unnatural xr,oc fIok oe loEo demand. Witness formed no opinion at the time as to Smiths condition of mind Mir Blydenburgh submitted the following l question in writing, and it was objected to by | the State attorney:
 | 'From what you saw of Smith on the day | of the homicide, have you opinion whether: or not, he was in his right mind and l capable of understanding what he did ?" l The court declaring the question aamissi l ble, MT. Durand answered that he was of the opinion that Smith was not in his right mlnd and did not know what he was doing He had formed the opinion about fifteen l minutes after Smith had passed his desk, l upon learning that Smith had drawn a pistol without provocation upon the man to whom he had been told to apply for work.
 State Attorney Doolittle, taking up the l cross examination, asked MT. Durand if he was in Derby on the 23d of December, 1880 ! The witness replied that he did not know Tie l fixed the circumstance of Smiths appearance in his office by the fact thst on the following 1 day he read, while in New York, of the shoot, l ing of Hayes
 l Ths State attorney worried the witness \ with questions as to how, when and where he ! knew that he saw Smith on the day that he l shot Hayes, but the witness protested with some warmth that he had absolute kno wledge l that such the case.
 'I discovered no evidence that he was any | thing more than crazy, drunken Irishman. J ! replied the witness in response to a similarly I worded question by the State attorney. The reference to nationality reused MT. Fox into l saying that Smith was not an Irishman, but 6 native born American. This brought out from the two men hints as to uncertain pedi l gree and brief but lively spat ensued Ii ! was terminated by word from the court. ! Robert Shortell, Ansonia barkeeper swore that Smith and David Hayes asked fol ] liquor in his saloon on the day of the homi eide. Upon being refused, Smith drew re ! vover, fourished it above his head an6 jumped up and down. Shorte1l refused ! liquor to Smith because the latter was deeply under the influence of drink his eyes were l bloodshot and he looked wild-different iron | his usual expression. Witness did not thinl ] Smith was in his right mind or understood had been polite and quiet when in witness l company.
 Mrs. Mary Cody noticed that for two day, Smith acted queerly. He ran about as ii some oae pursued him. She had seen peopl, with delirium tremens act similarly. Sh. thought at that time that Smith would d, 1 away with himself. His clothes were hang ing off land he looked awful bad-he looked awful" The day of the homicide Smitl acted very strangely. She did not then thinl l him in his right mind
 Henry Cody, the seven-year- old son of th preceding witness, saw Chip" Smith ant David Hayes together the day that Chic Hayes was killed. 'Chip" Smith was drunl andathere were two with him. Smith couldn' walk This little witness was not asked as tt ] whether Smith was sane, but left the witness l stand while MT. Doolittle said he was ''gooe boy, full as competent as any of them, and h. | didn't wonder the mother appealed to him.
 John M. O'Brien saw Smith twice on tht day of the homicide and thought that Smitl was out of his right mind. He had know1 l Smith three years. Once Smith and four others were fooling with &. colored man They had been drinking.
 James Costigan, baggage master at ths 1 Ansonia depot, Smith the afternoon O. the homicide Smith came to the depo l cursing and swearing drunk and would no l go away. The witness saw nothing peculiar l about Smith except that he was crazy drunk TThe witness formed no opinion as to wheth CT Smith knew what he was doing Cross examined, the witness said that he told SmitI to go away and Smith said that he'd be d-e if he would go for any man. "So he com
 prehended," /" said Mir. Doolittle.
 Patrick Dwyer testified that he did not se, Smith that day. This witness and all tn, others are from Derby. He was stopped from giving his opinion as to how Smith act
 ed when under the influence of drink MT
 Blydenburgh said that some of the witnesses
 could not be found. Mir. Doolittle said tha
 they might have been summoned. MT | Blydenburgh said that he supposed tn,
 other witnesses would testify to abou
 what had already been put in sub io11 ,l,o Lor
 responded are Mary Daley, Annie Cannon
 Mary Collins, Jerry Donavan James Collins Jeremiah Maconis, Michael Conway and Mrs
 D. Herman. Judge Andrews thought suf
 ficient indulgence had been extended. MT l Blydenburgh admitted that the other testi
 mony would be cumulative and raising n, , new question, though different incident
 might be adduced.
 : August Krug, foreman of the Osborn G
 Cheeseman works, testified for tho Stat
 that Smith came to the factory that after ) l noon and asked for help. He had Dis tol. He had drank, but was perfect
 ly able to know what he was doing. Cross | examined, the witness said that he hat
 seen men act just the same a Smith in Cleveland and Newark. The mal
 who acted so in Cleveland was Connection
 Irishman. The witness thought Smith mean
 to shoot him, as he seemed to load his pisto
 close to the witness after the latter had tolt
 him to go away. Smiths sisters, who worked
 in the shops, rushed up and threw thei
 arms around him and begged him not tt
 shoot.
 A. W. King, employed by Osborn d
 Cheeseman, did not see Smith that day This testimony in, State Attorney Doolttl
 read from MT. Blydenburgh's brief to tn
 Supreme Court, and said he had other wit nesses but would not call them. Then au
 torities were submitted and the case went tt
 the count.
 State Correspondence. l Madison.
 There are great many summer boarder
 in town. The Hammonasset House opened
 on Monday. all the rooms being taken