The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-01-07
SMITH ON TRIAL. FOR HIS LIFE.
Strong Evidence Against the
Prisoner.
The Father aud Mother of tho Murdered
Man Testify Against smith-other Eye
witnesses of the killing of Peter AniG
Tell tho Story of tho CrIme-The Eyi.
dence Not ali In.

The Hastings Court room was crowded
all day yesterday. The attraction was
the trial OF John Smith, charged with
the murder of Peter Ailiff last August.
The train that brought the prisoner to
the city was late, and before no arrived
the court room was we'll filled. Tho
day was consumed in hearing evidence
for the prosecution, and tho State has
not yet rested it's case.
A few days after Ailiif was killed
Smith was taken to Lynchburg on ac-
count of threats Of lynching and has
remained there since, except when
brought here for trial, the case having
been twice postponed. Each time his
wife, with an infant in her arms, has
met him, and each time the affecting
scene has been repeated. Whom Officer
Early led the prisoner into court yes
terday morning the faithful wife was
there and, with two of her sisters, re-
NAMED by his side throughout the day
Captain Berkeley, counsel for Smith,
said he was not ready for trial on ac-
count OF the absence Of witness Madigan.
Tho prisoner was put on tho stand to
show as to whether Madigan was ma.
terial witness, but after questioning
him closely Judge Robertson overruled
the motion for continuance.
Captain Berkeley demurred to the
ruling Of the court and the indictment
was read, to which the prisoner pleaded
not guilty. The jury was then en-
paneled as follows: w. A. Byrd. A. l..
Na T n
A. j. Banks, j. S. Groves, r. w. Byrd,
ID. S. Meadows, w. j. Ferguson. j. B.
Kennerly, j. II. Danna and ]. G. Harris.
George Ailiff, the father of the MUIR
dered man, was tho first witness. He
told Of the difficulty that Smith and the
deceased had in his house, and said that
Smith went away, returning in about an
hour, accompanied by negro. "Peter
was lying down in the house," contin-
ued tho witness, when Smith came up
within thirty steps of the door and called
for Peter. told Peter that Smith
wanted him and understood that he
wanted to mako friends with Peter.
My son went out and l followed out
after him. When Peter got in three
steps of Smith saw Smith put his hand
behind him as though he intended to
draw nistol. i said, Look out, Petcr,
he is going TO shoot. Peter said, Smith,
am not mad at you, but if you lay
your pistol down pll fight you fair
fight Just then Smith pulled the pis-
toll and fred. I saw blood on his left
side where the ball had struck. He then
drew his pistol and fired again as Peter
turned. grabbed his hand and called
Moorman Arthur to come and take the
pistol away from him. My wife came
up at this time and seized the pistol and
jerked it from mis- hand"
Cross.eXamination did not m materially
change the evidence of the witness or
elicit any new fact.
DR.. Koiner was sworn and described
the nature of tho wound which caused
Ailiff's death.
Mrs. Ailiif. mother Of the murdered
man, related the whole story of the
affair. Smith had beaten his wife and
was at her house. Charlie Holland,
his wife's brother, came along and told
Smith not to whip his wife again. A
quarrel ensued and soon Smith and
Holland were fighting. Peter AiliH
came in in The mean time and ordered
the men out, when Smith called him
names and few blows were passed.
Smith went away and returned in
about an hour. Mrs. Ailiff's testimony
as to the shooting corroborated that of
her husband.
Mrs. Aliff being oss-examincd said:
IL saw Smith when he came back from
town. He was between my house and
his own. My son Peter was "a years
old. and in good health as he ever was.
She was asked, Ibid anyone make any
attack upon John Smith?"
mo. There never was any difficulty
between my son aud Smith before.
The first of the difficulty occurred after
12 o'clock in the day. 1 was in my
house when saw Sraith come and he
and Charlie Holland got to fighting.
Peter came in and asked What are you
doing in here?' Smith told him it was
none of his business and called Peter
$3.50 big mouthed -. Smith said he
would kill Peter Aliff, Charlie Holland
and old man Holland before the sun set"
"What did you do when Smith came
up with the pistol and began to fire at
Peter?"
~ went up to him, grabbed the pistol
and bore it to the ground SO that he
could not shoot again. When John
Smith found that Peter would not go
down there where he was he cursed him
and Peter started towards him.. 1t was
after he had fred two shots when took
hold of Smiths hand and bore the pis-
toll to the ground. George Ailiff and
Tim Ailiff did not take hold of Smith
till after no had fired both shots.
Smith was struck by some ones fist
after he had shot Peter. Mrs. Smith