National Republican., 1885-04-02
CONVICTED OF MANsLAuenrER

CONVICTED OF MANsLAUGHTER
James smith Found Guilty OF ISuIinE
Elmer Rollins, But Recommended
60 Mercy.
James Smith, whito boy about 1s
years Of age, was yesterday placed on
trial in the criminal court, before Justice
Macarthur, upon An indictment charging
him with mauslaughter in killing Elmer
Rollins in Georgetown last Christmas day.
Tho homicide was the subject OF oonsid-
cradle comment ut tho time Of the occur
ence, and public sympathy was with tho
accused. Assistant District Attorney
Taggsrt appeared for tho proseout tion, and
Col. VIM. A. Cook for tho defendant.
The first twelve men called into the box
were accepted and the trial proceeded.
DIR. j. +. Hartigan described tho wound
which caused death.
Edward Warrick testified to seeing the
defendant and deceased. Ho and Smith
had got past when Rollins called to Smith
and asked him something. Smith stopped
at tho corner and Rollins came down to
him. After q conversation Smith started
away and Rollins followed and caught
him by the coat with both hands. Smith
broke away y second time, and Rollins
again caught him. Smith, in attempting *
to get away, threw Rollins on his hands
on tho pavement. He then started of,
and Rollins going after got hold of him
again. Smith took out his knife and
Rollins kicked him. Then Smith struck
at him with the knife and afterwards
walked up the street. Mrs. Julia Lynch,
| L.. l. A.. Al.
ing, and corroborated Warriok.
Albert Harris saw the two men
clinched, and Smith with knife in his
hand.
VIM. O'Brien corroborated tho testi-
mony of tho previous witnesses rs to the
meeting between tho parties, and In ad.
dition testified that Rollins tried to &c
money from Smith, who refused to lend
it. Rollins said, III you don't give it to
mo will kick hell out OF you," and
kicked at Smith, who told him IL he did
not stop IL would be worse for him. Rol
Inns began kicking, and then Smith
pulled out his knife and cut at him. He
made two or three stabs which did not
cut through the coat, but tho next tim,
went deeper.
Officer Fisher repeated an admission
made by Smith to him that he cut Roll
Inns, who was following him up and tan.
talizing him, and he did not know
whether he had killed Rollins or not
Lieut.. Redway repeated in substanc,
the interview between Smith and himsel
at the station, he first handing the officer
the knife with which tho stabbing wa,
done. Smith said Rollins came after hin
to borrow quarter. and Smith refused +,
lend it, and asked him to go away. Thi
ho refused to do, and struck and kickeC
him several times. Before Rollins cam,
up to him Smith had his knife using 1t
and as Rollins came up Smith put tn,
knife in his pocket open. He took it out
intending to frighten Rolling of, but hat
no thought of striking him. With thi
testimony the government rested.
James Smith, the defendant, then re
cited the circumstances of the homicid
as related to the lieutenant.
A number of witnesses wero called I,
prove the peaceable disposition of Smitl
and the opposite for Rollins. which closet
the evidence in the case.
At the close Of the argument the judg
briefly charged the jury, and they re
tired at 1888 p. M, and thirty-two min
utos later returned with verdict o
guilty, with recommendation to mercy
Sentence was suspended.