The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-07-20

The witnesses were all examined in
the case of John Smith in the Hastings
Court yesterday and the case will be
argued and presented to the jury to-day.
The first witness for the prosecution
was Mrs. Robertson, whose testimony
was substantially as follows: ION the
day of the killing I saw John Smith and
Charlie Holland go up to Mr.. Alif's
house and go in. In few minutes /
heard them fighting. and Peter said:
John, you can't fight over my mother
and made him 90 out of the house. I
heard Smith cursing and he said: Il will
go to town and get a pistol and kill
Charlie Holland and Pete Alif before
the sun goes down. He then left with
George Calvert and went toward town.
He was gone, perhaps, half an hour and
returned with a colored man, and
stopped in front Of his house and called
for. Peter to come down to the road
Peter replied: John, if you want to see
me worse than do you, you must come
you half way Both started and when
they got within three feet of each other
Smith drew his revolver and fired the
shot that killed Pete Alif Another shot
was fired in quick succession. The pis.
toll was then taken away from him by
Moorman Arthur and Tom Alif." The
witness was subjected to severe cross
examination but nothing further was
elected.
John Godsey was called next and
testified that he was in the hardware
store OF Brown, Johnston & Co. on the
day of the killing and recognized the
man as the same as was arrested later
in the day for killing Alif. He came in
the store with another party and called
for a pearl handled Smith & Wesson
pistol and was told by the clerk that
they did not have pearl handled pistol
and was asked If rubber one would
do. He then said something that the
witness did not hear and the clerk re-
fused to sell him the pistol, AS no left
the store he said II will get it at another
place." A short while after that the
witness saw Officer Norman in charge
OF the same man and was told he had
killed man near Brick Row.
The testimony of Alice Payn was as
follows ~ was standing in my sisters
back yard on the 23rd of last July,
when heard John Smith saw, Il will
or he will kill me- Smith then went
toward town with George Calvert and
came back with colored man and
called to Pete Alif to come down; that
he wanted to see him. Mrs. Alif caught
Pete, but he jerked loose from her and
started down the hill. When he got
close to Smith he told him to lay down
his pistol and he would fight him fair"
The witness saw Smith fire two shots in
quick succession and heard Alif ex-
claim, "Oh, Lord. I'm shot"
This being the last witness for the
prosecution the first witness for the de-
tense, John Carter, was called and testi-
fed as follows: IA few days after the
killing | went over to Mr.. Alifs to get
horse togo to Bedford county, and he
and went down in the street to see il
we could find any blood where the shoot
ing occurred. 1 asked him, if he had
tried, could he have prevented the
shooting, and his reply was that he
could have killed Smith as he had an
iron bolt in his hand and had hold of
Smith when the shot was fired. The
testimony of James Angel and William
Majors corroborated the statement made
by John Carter.
Frank Bell testified that he was in
the station house when the prisoner was
brought there by Officer Merriman AID
there was large knot over his eye the
size OF hen egg, and blood was trick
ling down his neck from wound on the
side OF his face. The prisoner seemed
very much excited.
p. A. Holland, the father-in.law of
Smith, made the following statement
II was at the house OF George Alif
when Smith and the colored man re-
turned from town. He stopped in front
of his gate and called for Pete to como
down, to which this reply was given:
John, If you want to see me more than
l do you, you will have to come up here
In the meantime Mrs. Smith and the
colored man were trying to take Smith
in his house. Pete, who was being held
by his mother, pulled loose from her
and started toward Smith. The crowd
followed and George Alif said, BY c.,
boys, Come on and. we will give him a
good one.' Smith was then attacked by
the whole party and could not see who
fired the shots, but heard Pete Alif
cry out, oh! Lord, I'm shot and he
started toward the house. When he got
near enough he asked me to help him
to the house. which did with the aid
of George Prillaman and SUIT Alif.
After we had laid him on the bed /
came out of the house and they we're
still fighting Smith. His wife finally
succeeded In getting him into his house."
The witness was rigidly cross exam
ined by the commonwealth, but no
further evidence was elected.
S. D. Langhorn testified as follows.
81 asked Mr.. Alif if he could have
prevented the killing. He said he
could II he had known Smith was going
to shoot. He had an iron bolt in his
hand and could have killed Smith with
it,"
The evidence OF George Prlllaman
was as follows: 81 was at Mr. Alif,s