The record-union., 1892-03-25
BRANNIGAN'S SLAYER.
Habeas Corpus Proceedings in Be-
half of big Neck" Smith.
Going Over the Conflicting Testimony
Again-Snith Wants TO Be Re-
leased On Bail.

George II. Smith, better known as Big
Neck Smith, who killed Patrick Bran
nigan on the Sth inst, appeared before
superior Judge Van Fleet yesterday on a
writ Of habeas corpus, which he petitioned
for in order to be either discharged or re-
leased from the County Jail on bail.
! Smith was accompanied by Sheriff
Stanley and his attorney, Charles t.
| Jones. Deputy District Attorney Buck
ley and Lincoln White, special counsel
for the prosecution, were on hand to look
after the interests Of the people.
| Smith appeared to be in good spirits
| and listened attentively to the proceed
ings.
Attorney Jones first read the return of
the Sheriff, showing that he had Smith in
custody on the commitment Of the Police
Court without bail Mr.. Jones then said
that he supposed the only way to start in
would be to read the testimony taken at
the Police Court.
How long is it?" asked Judge Van
| Fleet.
Something over 200 pages Of type
| written NATTER replied Mr.. Jones.
us that aQ?" asked the court, ironi-
cally.
Mr. Jones then suggested that he and
the District Attorney might agree upon Il
statement of the facts. Lincoln White,
special counsel for the prosecution, said
the evidence was SO conflicting that it
would be impossible to agree upon any
facts
Judge Van Fleet said it was out of the
question to attempt TO go through 200
pages OF testimony in one afternoon. He
| suggested that the matter be continued
until Saturday, and in the meantime
counsel could try and agree on state
ment OF facts. He would hear the appli-
cation to release Smith on bail, but
wished it understood that he would not
discharge the prisoner. That was some
thing for petty jury to decide upon.
After some further talk it was agreed
that Mr.. Jones should proceed and read
portions of the evidence which he said
was undisputed, and afterwards the pros
ecutlon could go on and show what it de-
sired from other portions of the testi-
mony.
Attorney Jones then stated that the un-
disputed evidence was that Smith and
Brannlgan were friends, and had been
such for years prior to the killing; that
they never had any trouble prior to the
day Of the homicide; that on the Sth of
March there was city election; that
Smiths voting place was at the Third
street polls, where the killing took place,
while Brannigan'S precinct was at
Eighteenth and 2 streets, and he had
no political business down town; that
Brannigan was under the influence of
liquor on that day, and was quite abuse
i've.
Mr.. Jones then took up the transcript
of the Police Court testimony and read
the evidence of James a. Browne, to the
effect that Brannigan was telling Smith
an hour or SO before the shooting that
Warren Drew was a ---, and
he could lick him.; that Smith told him
to look out, as Drew was good man and
might lick him, Whereupon Brannigan
began to abuse Smith; that Smith pushed
Brannigan away from him, and the latter
declared that he would not have done it
had he tBrannlgan) been heeled; that
Smith tried to make peace but Branni-
gan only grew the more abusive. The
evidence OF George Wittenbrock, c..
Wagner, William Leeman, Ed. Cassel-
man and others was read, as it corrobor-
ated that of Browne.
The testimony OF Fred Gotobed with
reference to Brannigan's declarations
that he was going home and get gun to
Kali the big - - - with" was read
in full. Particular stress was laid on that
portion of Gotobed'S testimony wherein
the latter told about trying to get Bran
nigan to go home and not kill anybody.
The evidence of those witnesses who
stated that they saw Brannigan reach for
his pistol before Smith drew his weapon,
was also read.
When Mr.. Jones had concluded Attor-
ney White, for the prosecution, proceeded
to read some testimony. He confined
himself principally to those witnesses
who saw the shooting, and who did not
see Brannigan reach for his pistol when
Smith began to shoot.
The evidence of James Foster was to
the effect that he saw the last two shots
fired, and saw no pistol in Brannigan's
hand. Charles Farren's testimony was
to the effect that Brannigan was button
ing his coat when Smith commenced to
shoot; that Smith told Brannigan he was
his friend; Brannigan said he was not,
and Smith said, Il am not, am L ?'' and
Immediately drew his revolver.
The reading of these scraps of testi-
mony consumed the entire afternoon,
and at $50 O'Clock the attorneys had not
concluded. The court was hungry and
postponed further hearing of the matter
until 30 o'clock to-day