South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1883-09-28
.Mttrder i,e the FIRST Degree.
Conviction OF John Smith for the Muir
der OF Josiah Harden.

4 Ger OIL josiah harden.
/ OAKLAND, Mp, Sept. 2l.-On Tues.
day afternoon, III the Circuit Court
for Garrett County, the case of the
State VS.. John Smith, co'ored, indct.
ell for the murder OF Josiah Harden.
ut Eikins, May Is, was called and the
jury impaneled. The State was re.
presented by States Attorney Col.
John w. Veitch. assisted by w. p.
Townshend, and the defens, BY Thos
j. Peddicord aud III. wheeler Combs.
Wednesday and Thursday were taken
up in submitting TIE evidence for tho
prosecution TO the jury. The tes,i>
mony of Mrs. Harden, widow. aud
Robt. Harden, sou OF the deceased.
and other witnesses for the State,
showed that on May Is the prisoner,
John Smith, was in ,Elkius drinking
and caronsing and said that he was
going away the next day, but would
do something before he left that
the people there would remember
forever. lie left Eikius about six o.
clock in the evening, going to IIar-
den's house, about one mile and a i,
half away. He went TO uarden's be-
tween 6 and 7 o'clock, and remained
there until : O'clock, talking with
them, inquiring whether or not Har =
den's grown son or son,in-law would
be at home that night. When told no
he eald lie had an Instrument in his
| pocket which would make nice music,
bat lie would not have as much fun as
he had expected, rs they were away.
lie left after awhile, bnt about half
! past 8 O'Clock shot was fired through
/ the window, followed almost imme.
dlately by another. Harden sent his
family up stairs and started toward
the door. Some one met him there,
and scuifle took place, during which
three more shots were fired. and Ilar-
den fell. Little Alice Harden testi-
fed that the noise awakened her. and
at the foot OF her bed she saw John
Smith, the prisoner. with n revolver
III one hand, holding her father by
the throat with the other, and shoot
ing him in the neck. Then Smith
went up stairs and pulled Mrs. IIar-
den down and out into the yard. -
Her son en- 'eGvorcd 30 release her, but
Smith drew his revolver on bin, and he
! had to run behind the house. Smith
dragged her out into the woods and when
| she returned her husband was found
lying out in the yard on his face dead.
Smith was purs ued to his shanty by the
ne!ghtors, but escaped by climbing up
the Chimney, the house being built
sainst tile si1e Of n hill, and made his
way to Winchester, Va, where he was
captured OH May 10. 4 witness named
JelTerson testified that Smith had en-
denvc-ed TO set him TO procure coorc1
Witnesses to swear TO an alibi, confess
ing to him that he did kill Harden, and
.ha. he was sorry he had not killed Mrs.
Harden. Jefferson also testified that
ono OF the prisoners in jail with Smith
| gave him knife, with which Smith told
| him lie intended TO cut the sheriff 2
throat last Sunday when he came into
his cell. The defense offered no evi-
denco except TO contradict one or two
witnesses for Tho State on minor points.
The jury brought in q verdict OF Guilty
of murder in the first degree During
the trial Smith appeared indifferent, and
WHOM the verdict was rendered to-day
be laughed and said. The circus is o.
yer; now we will have concort'- Cor.
Baltimore Sun.