Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-19

NO DEGREE STATED.
But W. B, Smith, the COlored Man, is
on Trial for Numbering His Wife.
TROUBLE In SECURING A JURY.
A German Preacher Who is Opposed to Cap
ital Punishment
GOOD BALANCE In TIE SINKING FUND.
The Consumers Gas Co, With $4,000 Capital, Wants
a Charter
TROUBLE IN SECURING A JURY.
GOOD BALANCE IN TIE SINKING FUND.
The Consumers Gas Co, With $4,000 Capital, Wants
a Charter.

In the Criminal Court Yesterday W. Il
Smith was placed on trial for numbering hi
wife. The degree of murder was not stated
by District Attorney Porter. The lawyerl
had considerable trouble in getting jury
W. II. Smith, the colored man who mur-
dered his wife on the Sd of September last
and then tried to commit suicide, wal
placed on trial in the Criminal Court, be-
fore Judge White yesterday, The prosecu
ton is represented BY District Attorney
Porter, and the defense by Thomas NJ. Mar
shall, Esq, John Marion, ESQ.,, General
Blakeley and Attorney McElroy. Almost
all day was consumed in securing a jury.
Nearly the entire panel was exhausted be-
fore the requisite number of Jurors were Sc
cured. Among others called was Rev. Gus.
tavus LAUGH, of the Twenty-sixth ward,
who surprised the Court by stating that he
had conscientious scruples against capital
punishment. Judge White wanted to know
where he got those scruples, and Mr..
LAUGH said he could not speak English
good enough to go into discussion of the
question.
The jury to try the case is composed as
follows:
John Askey, Allegheny: James Casey,
Sharpsburg; s. R. CaSkey, Pittsburg; David
Forsythe, Franklin township; Nathaniel j.
Holmes. Pittsburg: Henry Heminghouse,
Pittsburg; ]. P. Kunkel, Pittsburg; Joshua
Marshall, Pine township; William Mswhinney,
Pittsburg: K. B. McNierny, Pittsburg; Joseph
K. Phillips, Plttsburgi Peter Weber, ,Pittsburg.
SENT NOTES HOME.
After the jury had been giveR a chance to
send notes home informing their friends of
where they were, said notes having been care
fully examined by Judge White, the case was
opened by District Attorney Porter, who ex-
planned to the jury the different degrees of
murder. He detailed the crime for which Smith
is accused. He did not say what degree the
Commonwealth would demand. The firs: wit
ness called was Charlotte Smith, mother OF the
murdered woman, who testified that her
daughter Mary was 30 years old when she met
her death. Mary had previously been married
TO man named Joshua Turner. She had been
married TO Smith two or three years ago and
the witness had seen their marriage certificate
Mrs. Smith was at her daughters house on the
Sunday previous to the shooting. Mr. and
Mrs. Smith did not seem to be on the best of
terms. He cut watermelon and offered the
witness slice, but did not give any to his wife
Her daughter handed her a piece of cake
which she did not want to take, and the de-
fendRut advised her to takel 1t, saying that there
might not be any when she came again. The
witness also saw the defendant go to the
window, and as he looked out he said:
ut will not always be day for her,"
The witness did not see her daughter again
until after the shooting. During the recital of
her story the mother wiped away few tears,
but made no particular scene.
THE DOCTORS TESTIMONY.
DR.. ]. Guy McCandless testified to having
made the post-mortem on the body of the mur-
dered woman. He stated that he found one
external wound, that was about an inch and
half from the left eye, just at the temple The
bullet penetrated the brain structure. The
bullet was found on the right side of the skull,
and had taken a slightly downward course.
The bullet taken from the head of the deceased
was produced and identified by the witness
The deceased, the witness stated was about 30
years old, mulatto in color, and appeared to
have been in excellent physical condition. The
wound inflicted was sufficient to cause instant
death
On cross examination by Mr.. Marshall DR..
McCandless stated that the pistol must have
been held close to the head, as be found powder
marks about the wound.
81. Grant Miller, COroners clerk, was next
called, and testified that he went to the house,
Ia Fulton street, on the morning of the shoot
ing, and found the body of Mrs. Smith in the
bed. She was laying partially on her SIDE as if
sleeping. Witness had the body removed to
the morgue. He noticed a bullet hole in the
temple. On searching the bed witness found
razor under the sheet, about Is inches from
where the body lay; he also found the shell of a
cartridge on top of the sheet. The bed showed
no evidence of a struggle. Witness knew both
the deceased and the defendant they having
lived near him at one time. The revolver with
which the shooting was done was given to the
Coroner by Officer Terry. and was in the same
condition now as when handed to him. At this
point court adjourned until this morning