Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-05-01
awkward for you, very, Tor you were
rising man, a very rising man."
at an, as ipnorent-n


awkward for you, very, Tor you were a
rising man, a very rising man."
Il am as innocent"
@Oh, of course, my dear fellow"
During the journey to New York the de-
tective became quite friendly and told me
how the matter came to be revived. 1t
appeared that, unknown to his immediate
relative, Mr.. SmithSon had insured his
life for a very large amount in favor of his
brother before going to Europe; the policy
he had put in a box of papers left with his
bankers. The papers on his death had
been looked over by the solicitors clerk,
and, no one knowing anything OF the pol
icy, it had escaped the careless observation
by being hidden between the tparchments
OF a lease. Some few months before my
arrest 1t became necessary to refer to the
| papers; the policy was found and a claim
made by the brothers on the office. The
reply was that there YVES no evidence of
James Smithson's death not being the re-
suit of his own act; he might have thrown
himself overheard, and in hat case the
policy would be invalid.
"The rpw with you," said the officer, "as
described in the papers at the time, was
remembered, and the advertisement in
serted. You see it was not of much con-
sequence to any one whether he was
murdered or jumped overheard till it be-
came a question of some $4,000 on a
disputed policy. The brother is of course
quite willing TO spend half in securing
evidence of his murder, and you can get a
good deal of evidence for $4,000, so you
will have a rather hard time of it. 1t is
worth, you see, about $25 900 to him to
see you hanged, and he'll do it if he can"
Twas horror-struck. The man talked
not of any question of innocence or guilt,
but of questions of bought evidence and
money, 1t is an awful position to be in,
that some one should gain some thousands
OF dollars by your being hanged.
need not describe the preliminary ex-
aminations and commitment. I was two
months awaiting my trial, and all the evil
dence I could get in my favor amounted
to nothing. On the other side there was
the evidence of the quarrel; and, last,
there was the evidence of two of the crew,
who on oath had testified that they saw
myself and the murdered man on the
forecastle together, thatI struck him with
q Delaying pin and then threw him over
board.
What could 1 hope for against such wit
nesses? The steward and the captain were
both dead, and these two shameless tiends
had concocted this story under thr induce
ments of a large reward. 1t was clear I
was to be the victim of a miserable specu-
lation to gain money.
The day of the trial came at last. I was
taken into the courtroom between two
turnkeys. The counsel for the presecu-
ton, IN stating his case, dwelt long on
the anirnus shown in the quarrel at din
ner, and concluded by calling his wit
nesses.
The cabin boy and the chief mate told
h story Of the quarrel; the man at the
wheel told of the last time he had seen the
deceased alone; and then came the two
witnesses.
Il have to request, your honor" said my
counsel, ethat n of these witnesses be
ordered out of court during the evidence
of the other"
b first n was put in the box and duly
examined. / remembered the face and
that was all.
He stated That ne was on the lookout
that night, and that, just after eight
bells, he heard two men come on to the
forecastle. They were disputing, and he
knew by their voices they were the de-
ceased and the prisoner. The prisoner
suddenly drew out of his pocket q be-
laying pin and struck the deceased over
the head with it, and as he was falling
pushed him, so that he fell overheard.
Witness made no alarm, it took him SO by
surprise; and the other witness, Patrick
Murphy, then came up and told him to
held lis row, and they should get a pull
on the yosng fellow yet by keeping quiet.
he wanted to tell the captain, but Muir
ply said if he did he'd lose his time and
perhaps get locked up as q witness and get
nothing for his trouble.
My counsel then asked him how he
knew I was the person.
Because of the voice, and because at The
time the moon was shining full on nv
face, SO that he could not make any mis-
take.
Theo other witness was then called-a
pale, ~red-haired, sallow-faced wretch. with
very small, pinkish eyes, white eyelashes.
a large, wide, straight mouth, and one of
those unpleasant noses which look as if
some violet blow with a sharp Instrument
had cut it in two, horizontally, just above
the lip.
His evidence was substantially the same
as that of the former witness.
why nave you said nothing about this
before2n
"Smithson was nothing to me.n
3And no considerations of Justice in.
duced you to give this information?p
Nav! What do / care for justice2 IL
we'd opened our mouths we'd been looked
after all the rest of the voyage, and in
stead of having our lark ashore we'd A,
been hanging about this ERE court for 81
a day or so.
"What induced you to come forward
now"
II saw the advertisement, and. saws T.
Now that's something like; $1,000 is some.
thing
Are you remembering that you are on
your oath, prepared to state that the pris-
oner wa the man who struck the blow,
How do you know it2n
Il saw him, I tell you, in the bright
moonlight wa s full moon, as light as
day"
HYou can go down.
AIhe officers in charge OF the case will
see that the witnesses do not leave
the court until it is ccncluded,n said the
judge.
The counsel for the prosecution restate6
their case, and it seemed very strong in
deed. Ash e SCI Town I felt almost guilty;
4 was almost convinced that in some hor-
rible moment of frenzy / had done this
deed without knowing it.
My counsel did what he could; but I
could see, long before the judge rose
to charge the jury, that I was a doomed
man.
Teaperately and dispass:oaass;I the
Judge summed up the case and retired.
the jury withdrawing Immediately after
ward.