The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-01-09
INTEREST UMABATED.
Another Day fthe Smith MUIR
der Trial.


suit Will be. If it was possible more
people crowded into tho courtroom yes
terday than any day of the trial so far.
Smiths wife remains faithful and with
her infant child in her arms was by his
side in tho courtroom yesterday.
The defense rested it's case, and con-
siderable rebuttal evidence was intro
duced by tho commonwealth, the court
adJourDing early in the afternoon on ac-
count of tho absence of witness for the
State.
The testimony will probably be COM
pleted this morning, but if the LAWYERS
make long speeches, the jury will have
to speLd Sunday undor tho watchful
care OF Sergeant TraYnham.
Mrs. Hicks, Andy Calvert and man
named Angel, were the witnesses for
the defense examined at the morning
session of the court, but no material
facts were brought out not previously
given to the court by other witnesses
Clarence Calvert testified that he was
with Smith the night previous to the
shooting, and that he, Smith, was badly
beaten by the Ailiffs.
After the noon recess the court re-
assembled and tho commonwealth in
troo uced rebuttal testimony. The first
witness was Clarence Calvert. tho man
who won't with Smith to purchase the
pistol, with which he shot Ailin, and
who had testified for the defense. He
was present when John Smith and wife
had difficulty on tho morning before
the shooting.
Ibid Mrs. Smith say, Clarence, you
are the cause Of Johns drinking?'"
eff Sh0 did | ri id not haar hor
"Did John kick her down the steps
and out at the gatc?"
mo, no did not kick her down the
steps, but kicked her out at the gate"
VIM. e. Meadows was recalled and
said he heard tho difficulty between
Smith and his vito that morning, and
that Clarence Calvert was at Smiths
house when it started.
Mrs. Smith says, Clarence, you are
the cause of Johns drinkin' and going
on this way when Clarence said, You
are d liar Smith then saws to
her, You have got to get out of here
and kicked her down tho steps. | was
at my window when the row occurred.
could SEQ everything that transpired
plainly from my window. ! did not sec
Smith when he came homo that morn
ing, but saw him when he came back
from town that day between IL and l
o'clock. did not SEQ Mrs Robertson
go from Smiths house to AiliH's. | saw
Miss Payne at the window,
Mr.. Phlegar, associate counsel for the
defense. made vigorous cross-examina-
ton OF tho witness and succeeded in
getting him somewhat confused. lie
asked Meadows how Miss Payne was
standing in the window and if she was
leaning out or looking out at the
window. The counsel in significant
way used this to impeach Meadows
other testimony.
George AiliH. Peters father, was
called to the stand and questioned as
to the iron pin he was said to have had
in his hand during the scufile, and about
the time Ailiif was shot. He was first
informed by counsel that Miss Mollie
Holland testified that he, George Ailiff,
came and asked her after the shooting
for the bolt that was said to have been
dropped by him at Smiths gate.
II did not go to Smiths; do not know
Miss Mollie Holland and therefore
could not have asked her for the bolt
had bolt in my hand while sitting
in my yard previous to thu row, but
when Smith had called Peter did not
carry it with me, but dropped it in the
yard whore ] was sitting"
The prosecution then introduced the
bolt which Ailiif recognized as tho ono
he held in his hand previous to the row.
The bolt produced Ailiif said was one
he bad taken out Of his wagon last
summer, and was about foot long and
half an inch thick.
The counsel questioned very closely
concerning the bolt and somewhat con-
fused the witness. The jury also asked
several questions as to the bolt and
whether he was certain he did not carry
it with him when he went down where
Smith was. He said he was certain he
did not
Officer Merriman YVES then called to
the stand, and in ssreply to the question
If Smith had any bruise or scratch on
him when arrested, he said, "Yes, there
was a slight scratch on Smiths left
cheek and blood stain on his face"
Commonwealth's Attorney Smith
then announced to the court that he
could go no further till certain wit
ness named Holland was brought into
court. Judge Robertson ordered
subpoena to be issued for the delinou ent
witness and put into the hands OF an
officer, instructing tho officer to secure
swift horse and hunt him up. He
then adjourned court till 10 o'clocht
to-day in order to give the State good
time to produce its witness. The jury
were given the Instructions of yester-
day in regard to reading local papers,
and to guard against any one's APP
preaching them in regard TO the trial.
To Go ga Richmond
Messrs. Hardaway, Penn, Woods,
Staples and Scott, the committee OF the
Roanoke bar appointed to go to Rich
mond to secure the desired court legis-