The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-01-08
EVIDENCE FOR THE DEFENSE.
Smiths Fathef-in-Law Testifies
in His Favor.
He Tells an Entirely Different Story of
the Shooting-Did Smith Act I'm Self
Defense? tho Question He Would
Kaise-'Tle Court and Jury Visits the
Scene of the Tragedy.

In the John Smith murder trial yester-
day. All day the court room was
packed like sardines in box, and the
faithful wife remained by the side of
the prisoner, who seemed as little con-
cerned as any spectator in tho room.
The State rested its case and tho
nearing of testimony for tho defense
was begun. The trial will hardly be
concluded to-day, as. there are still a
number of witnesses to examine. and
the speeches by counsel on each side
VIII consume some time
Tho first witness yesterday was Mrs.
Mollio Robertson for the prosecution.
Her evidence corroborated that of the
previous Witnesses, nothing new of ma
terial Importance being elected.
William f.. Meadows was the next
witness. He saw the shooting, but be-
fore he proceeded far with his story of
the affair, the court adjourned to the
place OF the murder, the Judge, iury.
attorneys and prisoners taking the IL
O'Clock dummy for the scene. The
different locations that have figured in
tne testimony were pointed out by the
witness land the court and jury made
familiar with the place. The jury was
In charge of Deputy Sergeant Wright
and Sergeant Traynham kept close by
the side of the prisoner. Smith dis
played the same unconcern while view
lug the scene Of the tragedy that has
characterized him throughout tho whole
affair
After the noon recess. during which
time the court and jury, accompanied by
tho nrlHOnpr nd
visited the scene of the murder, the
witnesses for tho commonwealth wero
put upon the stand again, the first being
VIM. II. Meadows whose testimony cor
roborated that OF Mrs. Ailiff and the
other Witness Miss Alice Payne was
the next and said that she did not see
anything of tho first difficulty that
occurred on the morning of the shooting.
was present when the shooting took
place and saw Tom Ailiff hit Smith two
or three times with his fist, but not till
after he had fired the shots. heard
Smith say that morning that he was
going to kill Potter Aiiiff. | was where
could SEQ the whole row. Peter did
not have any weapon and didn't try to
fight Smith,
She was then asked if Smith did not
say ne would shoot Charlie Holland and
old man Holland.
II did not hear him say he was going
to shoot any ono except Peter. l do
not know whether Smith was drinking.or
not. did not hear Smith say why he
was going to shoot Ailiff.'
Ii. Nj. Toles was then called and after
being sworn was asked if he recognized
the prisoner at the bar as the man with
whom he had some dealings on the 23rd
or last August He said he did not. He
was then asked about selling pistol to
a man on that day, but the counsel
objected, saying that no did not recog-
niZe the man and therefore he had no
right to tes tify.
Mr.. Gausoy.was then brought forward,
and said he was on the day the murder
was committed in tho hardware store of
brown IL johnson, when two men cpme
In and wanted to buy pistol, but he
could not say whether tho prisoner was
one of them or not
The counsel also objected to his testi-
mony, and Officer Norman, who ar
rested Smith, was called to the stand.
The pistol was produced, and the Off
Ger said 1t was the one that was given
him at Smiths house by Mrs. Smiths
sister. Mr.. Merriman said that he did
not arrest any other party that day, and
as Gadsey saw Smith and recognized
him as one of the men that came into
the hardware store to buy the pistol
that day his testimony was allowed and
he was recalled.
Mr. Gadsey said that he was in the
hardware store when two men came in
and one wanted to buy pistol He
said no wanted pearl-hand led No. 3s
Smith & Wesson. The clerk told him
he did not have the pearl handle, but
showed him one having rubber handle
and he agreed to take it. but while he
was taking out his money TO pay for it
he said something about what ne was
going to do for omebody. The witness
did not know who, and the clerk took
the pistol and told him he would not
sell 1T to him. The man that was with
him said he could get ono somewhere
else, and they went out The next time
saw tho man that wanted the pistol
that evening about 3 or 4 o'clock on
Campbell street in front of the postofice
in charge OF the police. On being aske d
if che prisoner was the man, he said if
he was he had changed considerably.
Mr.. Toles, the clerk at the hardware
store, where Gadsey saw tho two men
trying to purchase pistol. was recalled
to tho stand and testified in substance
what Gadsey, the witness preceding
him, did except he remembered the
man said he would fix that overgrown
That jumped ON him. which re-
mark caused him to refuse to sell him
the pistol. He could not say whether
the prisoner was the man or not. Mr..
Gad>ey and countryman were in the
store at.the time. He heard in half or
three-quarters of an hour afterwards
that Ailiff had been shot.
Officer Merriman was recalled and
ids ntified the pistol az the one given
him on the evening of the shooting by
Mrs. Smiths sister. and SAID it was a