The record-union., 1891-07-25
The Defendants Reputation In Evi-
dence-Prominent People Testify
District Attorneys Argument.

that Smiths reputation was bad. j
John A. Sheehan and John N. Larkin,
newspaper men, gave similar testimony.
Ex-Mayor Gregory testified that he had
heard Smiths reputation discussed, and
it was not good
Mayor Comstock also declared that the
e1-dive keepers reputation was bad. He
had heard attorney Blanchard say so, too.
SMITH VERY BAD.
Police Captain Lee swore that Smith
had to be constantly watched by the po-
lice. He considered Smiths reputation
was very bad. So did ex-Sheriff NJ. NJ
Drew.
Tho wife OF the defendant was then
called and asked if she had not, in 1888,
commenced suit against Smith for di-
vorce.
On Mr.. Johnson's objection, however,
the court refused to allow the question to
be answered.
The prosecution rested here, and then
the defense called attorney George A.
blanchard. That gentleman said he
could not recollect having said anything
derogatory to Smith in Mayor Comstock's
presence.
J. W. Wilson testified that so far as he
knew personally, Smith was a square"
man.
The prosecution then discovered that it
had more testimony to introduce, and
was permitted to reopen the case for the
people.
Chief of Police Drew and Police Judge
Cravens were called, and both testified
that Smiths reputation for truth, honesty
and integrity was bad.
Judge Cravens was subjected to very
severe croSs-eXamination by the attorney
for the defense. He denied that he had
any feeling against Smith. but acknowl-
edged that he had talked about the lat
ter's reputation at various times.
EX-Policeman Franks said that Smiths
reputation was bad, and he had heard
John Toomey and others say the same
thing.
Police Officer Gibson was called for the
purpose of contradicting the testimony
OF the witness Furlong, but the court re-
fused to admit the testimony.
The prosecution then closed its case
permanently.
SMITHS FRIENDS.
Arthur Wilson, son of J. w. Wilson,
testified that he had known Smith sew
eral years, and in all his dealings with
him had found him honest.
j: G. Scroggs also said he had heard
nothing derogatory,to Smith. He did not
recollect ever having heard Smiths repu-
tatiOn discussed.
EX-Public Administrator S. B. Smith
had had dealings with Smith and had
found nothing wrong with him. When
asked If he had ever heard Smiths repu-
tat1on discussed, the witness said he had
once heard some talk about the mysteri-
GUS disappearance Of a partner of Smith
in the restaurant business, but he did not
recollect just what it was
D. j. Simmons, the auctioneer, took
the oath with his left hand and swore
that Smith always paid his bills when he
said he would. Witness did not know
anything about the defendants general
reputation.
License Collector Dolan said that Smith
always had the money ready when the
witness called to collect the liquor license.
BE did not know anything about Smiths
reputation.
District Attorney Ryan at this point
took occasion to object to the class Of tes-
timony being introduced by the defense.
He said it was all incompetent, inasmnch
as none of the witnesses called knew
Smiths general reputation.
Judge Catlin agreed with Mr. Ryan,
but intimated that the testimony would
do no harm even if admitted.
A recess was then taken until 1:30
o'clock.
MORE REPUTATION.
At the afternoon session, Michael Sulli-
van, a horSe-shoer, was the first witness
called by the defense when court
reconvened. He testified that he
had known Smith for several wears
and had never heard anything wrong
about him. He was proceeding to tell
about some transactions he had had with
him, but the District Attorney once more
called the attention of the court to the in
competency of the testimony, and the
court ruled it out. The witness could not
state anything as to the general reputa-
ton of Smith.
Ex-Chief of Police II. +. Dillman was
the next witness. He had known Smith
q great many years, and knew that his
fa- i
integrity was good.
Mr.. Johnson asked the witness if he
would not believe Smith in preference to
Police Captain Lee, but Judge Catlin re-
fused to allow the question.
On cross-examination Mr.. Dillman said
he had never heard anybody discuss
Smiths reputation, and all he knew
about him was what his personal deal
ings with him had taught him.
A. j. Senate testified that he had heard
sOmebody-he could not recollect who
say that Smith was good boy" Smith
boarded at the witness restaurant, but
this fact did not influence his testimony
D. n. Quinn, the halter, had never
heard Smiths reputation discussed but
so far as his personal dealings with him
were concerned he had always found
him honest.
D. ]. Considine, saloonkeeper, testified
that he had never heard anything wrong
about Smith. He had never had any
trouble with him.
TWO BARKEEPERS.
S. T. Burkhardt. Considine's bar
keeper, had never heard anybody say
Smith was dishonest.
Charles II. Hollingsworth considered
Smiths reputation good. He was former
ly in the employ of Smith and was quite
friendly with him. He did not know
what other people thought about Smith,
but was only giving his personal opinion
of the man.
NJ. Cronan, liquor dealer, had had busi-
ness dealings with Smith, and had never
found anything wrong with him.
Attorney Johnson offered in evidence
subpoena issued for John Toomey, but
which the Sheriff had been unable TO
serve by reason of Toomey's absence
from the city. 1t was intended, he said,
TO contradict the testimony of ex-PoIice
Officer Franks with this witness.
The defense then announced that It's
case was closed, and the District Attorney
said he had no more evidence TO offer for
the people.
Before the arguments were commenced
attorney Johnson made formal reouest
that the District Attorney make as full
and complete an opening argument as
possible, SO that the defense could reply
in detail.
Mr.. Ryan promised that he would. and
then addressed the jury. He consumed
about an hour and half, and went over
the testimony, bringing out the strong
noints against Smith clearly. He char
acterized Smiths statement that he never
knew Gordon, Haley or Casey as false
hood that was obvious to all. He lauded
the police department for the tireless
r,,d tanacious manner in which it clunp