Los Angeles daily herald., 1889-02-16
THE SMITH CASE.
Defendant Tells she story Of the
Shooting ON the stand.

THE SMITH CASE.
Defendant Tells she story Of the
Shooting ON the stand.
Yesterday was an interesting day in
the Stephen Smith murder trial, which
is now in progress before Judge Cheney
in the Superior Court. A large number
of spectators were present. Smith Is the
l7-year-old boy who is accused of having
killed an Italian youth named Paglinso.
In the morning session, Charles Cas-
son was called by the prosecution, but,
in compliance with the advice of the de-
fendant's counsel, he refused to testify,
on the ground that he might criminate
himself. The State thereupon announced
that the case was closed.
The attorney for the defense moved
that the charge be dismissed, for the
reason that the evidence did not support
the information. The motion was de-
MED. The defense then called Casson to
the stand. He told the story of the
events of November Sd. He and the
defendant left Pasadena early in the
morning on hunting expedition, and
about z or s O'Clock they came to the
Paglinso place. After they had fred
once at some quail, Frank and his
nephew, Pietro, appeared and took
away their guns. After arranging about
the payment of 500 for q ram
som, the witness and Smith went
back to Pasadena and returned
to Paglinso's place later in the afternoon.
They asked for the guns and got them,
but before they paid the money, Pietro
ran back into the house and got his gun.
The boys separated, and Pietro pursued
Smith, who turned and shot him.
On the cross. examination, Caeson said
that he did not know who fred the shot
at the time, whether it was Smith or the
deceased; but he afterward saw Smith
throw the shell out of his gun. The de-
fendant was nearer the house than the
deceased; both were on slope, the de-
fendant occupying higher ground" When
the deceased and his uncle came upon
us in the morning, they cursed and used
abusive language. They were armed.
When we returned in the afternoon.
Pietro asked if we wanted the guns, and
put my hand in my pocket to get the
money. He jumped back into the house.
Then we ran, Smith in the lead. There
were twenty-five or thirty feet between
the defendant and Pietro when the shot
was fred"
The next witness called was Mrs. Mary
Smith, the mother of the defendant. She
is a pleasant appearing lady, with q re-
fined face. She seemed much agitated
as she took her seat on the witness stand.
Her answers came very slowly, and
with much effort, as though she were
under an unusual degree of mental
strain. Only few questions were put to
her by Mr.. Gage, the attorney for the
defense. She told how her son Stephen
had gone hunting early in the morning
of the third of Novem Der and had return
ed at noon to tell how his gun was held
in ransom and how he had left home
again about noon.
Take the witness, said Mr.. Gage.
"We have no questions" said the Dis
trict Attorney.
Mrs Smith rose from the chair and
started for the little gate which leads to
the lobby. 1t is a distance of eight or
ten feet past the reporters table and the
seats Of the jurymen. 1t was evident
that her efforts to control herself were
about to prove unavailing. Her face
became deathly pale and as che came to
the gate violent fit of trembling shook
her active frame like leaf. A juryman
sprang to her assistance and as he did so
she fell back fainting. A physician who
happened to be in court hurried to the
spot, as did also the lady's husband.
She was carried into the Jndge's cham
bers and the case proceeded.
The defendant was then called to the
stand and told the story of the killing.
"My name" said he, sis Stephen L.
Smith, and previous to my arrest I was
attending school at Pasadena. On the Sd
of November I went out hunting with
Charles Casson. About O'Clock we
came to place about three-quarters of q
mile from Paglinso's house, where shot
at some quail. We saw Frank Paglinso
and his nephew come up. The uncle
had gun which he aimed at us and
swore. They took our guns away and
made Us follow them to the house. At
first he threatened to take US to Los An
geles, but finally said he would let us
go and give back our guns for $40.
"We returned to Pasadena and
came to Paglinso's again about
O'Clock. Pietro came out of
of the house and asked US if we wanted
the guns. He asked US to come into the
house, and offered us some wine which
we declined. Then he brought out the
guns and we looked at them to see if they
were all right. He asked us for money,
and when put my hand in my pocket
he jumped back in the house. We were
scared and ran. Back of the house at the
bottom of the gulch we fell into ditch,
and when we looked around there was
Pietro with a gun pointing first at one
and then at the other of us. We pointed
our guns at HIM and he lowered his. We
ran again. When next looked around he
was only a short distance from me cock
ing his gun. He lifted it and took aim.
Then turned and fred and he fell. 1
believed that he would kill me if 1 did
not shoot"
The father, Gardner H. Smith, testi-
fed to having given his son some money
to pay for the guns, and the defense
closed its case. No testimony was offered
in rebutttal. The court adjourned until
9 o'clock this morning, when the case
will be argued and submitted. n 2 6 EN-
Orange specials.
The special orange train sent out on
Wednesday night by the Southern Pa
cific and Union Pacific railroads reached
Sacramento 241a hours after it left this
city. Both the Santa Fe and Southern
Pacific com panies disavow any intention
of racing this time, however, as they
say, there is no necessity for it, as the