The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-07-26

The preliminary examination of John
Smith, for the murder OF Peter A,if
took place before Justice Howerton yes
terday afternoon, and the accused was
sent to the grand jury.
AT o'clock the mayors office was
crowded with an eager throng Of wit
nesses and spectators, but pretty soon a
policeman announced that the exami-
nation would take place at the court
house.
Justice Howerton assembled to the
bench and sent Sergeant Jones for the
prisoner. In a few minutes he was
brought in by Officers Mabry and Rig
ney. lie was securely held by each
arm with pair Of iron nippers.
Smith was given seat by his counsel,
Capt. Berkeley. 1t was then that the
crowd had time to gaze with vengeful
eyes upon the murderer. They craned
their necks over the railing, while those
behind stood up on the seats and looked
directly at him.
He was dressed in dark Goa and vest
and wore q pair of blue overans. On
his head was soft SLOUGH hat pretty
well worn. Under his right eye was
still blue from blow inflicted by his
brother-in-law, Pete Holland. His eyes
were red from excitement and loss Of
sleep, and he moved about rest
lessly with vacant stare. He would
not look upon the crowd, but seemed to
place his only hope in Capt. Berkeley.
The effort to swallow the big Jumps in
his throat caused the muscles to expand
and fall in rapid succession. He seemed
to be choking and called for a glass Of
water 1t was brought by an officer,
and after shaking his thirst he conversd
few moments with his counsel
Justice Howertcn took up the warrant
and looked down on the prisoner, said:
care you ready for trial"
Capt. Berkeley replied in the afIirma-
ton, and the witnesses for the common
wealth were called and sworn. The de-
fense asked that they be separated,
which was done. and the taking of testi-
mony began.
David Holland was the first witness
and told the whole story in clear and
concise manner. 1t did not differ from
that already published, except that he
said when Smith came back from town
and called Aliff to come out the latter
tried to jump out OF the door to get to
him, but was prevented. His descrip-
ton OF the killing. and even the start of
the disturbance, was given in such q
manner that any one could understand.
Norman Arthur was the next wit
ness and varied slightly from Holland
about what passed between the two
mon when Smith had returned with the
pistol. He brought out the fact that
after Smith had shot Aliff the latter's
brother, Tom, struck the murderer
with his fist
George III. Aliff, the murdered mans
father, next testified. His account Of
the killing was complete in every de-
tail, and did not vary from that which
he gave before the coroner.
DR.. Morgan next testified as to what
caused Aliffs death and how he re-
moved the bullet.
Have you that bullet?" asked Capt.
Berkeley. 1t was handed him by the
doctor. The captain held it in his
fingers before the eyes of the prisoner.
The latter looked on it for few seconds
with a steady, thoughtful gaze.
What must be his feelings when he
sees that bullet?" remarked veteran
lawyer who sat near.
After DR.. Morgan had testified MIR.
Smith, the States attorney said he
dld not care to examine any further
witnesses, but would rest for the de-
fense
Let the court say. sir" replied Capt.
berkeley. "IIe does not care to intro
duce any witnesses"
ITO the grand jury" added the jus.
tice, and few minutes later the pri-
soner was taken back to Jail, closely
followed by great crowd, who stopped
at the rear door of the courthouse and
looked at him with hungry eyes till he
disappeared around the jail.
Capt. Berkeley remarked, as he came
down stairs with his associate, Mr..
Bryan, that Smith would not hang. He
is preparing for strong defense and is
gathering all the testimony possible in
the case.