The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-01-10
The EVIDENCE ALL SUBMITTED.
The Smith Murder Case Draw
ing to a Close.
The Argument to BE Commenced To-
morrow Morning, and 1t is Expected
That Verdict Will be Reached Before
the Close of the objectionable Evil
dence For the Defense Showing That
There Was General Row.

dence For the Defense Showing That
There Was "a General Row.
The interest in the th-Ailiff trial
is still undated, and tho Hastings
Court room Yesterday was filled to over
lowing all day with curious and inter-
ested people, tiptoeing and stretching
their necks to their utmost capacity in
the vain. eGort.to catch every word that
fell from the lips of the various wit.
nesses. Court did not meet till 10
o'clock, in order that witness living
some distance might have time to get
here. Tho witnesses examined were
mostly for the defense, and nearly all
testified that there was a general row in
progress when Ailiff was shot.
Inc court convened at 10 o'clock yes
terday morning, but the delinquent wit
ness ordered to 90 brought the day be-
fore had not arrived, and the Judge an.
nounced that the court would talSe n
recess until IL o'clock to give tho wit.
ness time to appear.
When the court nvened at ~ o'clock
William Prathcr was put upon the stand
and said:,
II live in Bedford county, and am not
related to either Smith or AiliT. I was
about hundred yards from them when
he difficulty occurred.
They seemed to be passing blows be-
tween them and heard two shots. The
blows were passed before the shots we're
fired. heard some one say, kill him,
Tom, but did not know who it was. |
did not see the pistol and do not know
who fred it,
Fleming Neighbors was examined and
said he was at George Ailifs house on
the evening of tho murder and heard a
conversation between him and n crowd
that had gathered at his house, in
which he said he had bolt in his hand
when he went down where Smith was
and could have killed him easily if he
had known that he was going to shoot.
Aftcr the noon recess tho court re-
assembled and Officer Merriman was re-
called to the Stand by the defense He
was asked by the counsel for tho de-
tense where it was he arrested Smith
after the shooting occurred. at was on
Tazewell street, three ourths of n mile
from the scene of the murder l met
Smith In company with another man,
and seeing he had a scratch and blood
on him | asked him if he was the man
who did the killing, and he said, Il have
not killed any one, but shot man and
don't caro- d-n if l did. My father
before me went to the penitentiary and
| reckon can do tho same A man
was with him did not know, who had
him by the arm and said he was bring
ing him on to town. They were coming
when first saw them in trot and
slowed up before meeting me. | did
not know whether the man with Smith
1 xrn q III
him before nor SINCE
Miss Mollie Chailin was then intro
duced and said she lived ut time OF the
murder within hundred yards Of Geo.
Alllf's house and saw the difficulty in
which Peter AiliT lost his life. When
Smith called Peter he got up and started
down the hill and as he went he picked
up two rocks, one in each hand II did
not see whether he hit any ticks or not
by the time the first shot was fred the
whole Ailiff crowd were around them
They all commenced to fight. ! did not
see who was shot till | saw bloody
man come out from among them, and
that was Peter Ailif. think there
was some fighting when the shots were
fired. After the shooting could not
see the crowd around Smith distinctly
Tor treo was between me and them
the shots saw the first difficulty that
occurred between Smith and Peter and
it was after l2 o'clock when saw them
scutfiiDg in Mr.. Ailiff's yard
Mollie Cross was then put upon the
stand and testified about the same as
Mollle Chaftin saying, she was in the
mouse with the latter when they to-
gether witnessed the shooting She
gave the same evidence in regard to
seeing Peter pick up rock when he
started down where John was She
being the last witness Commemorative
Attorney Smith informed the Judge
that 1T was too near time for adjourn
inent to begin the argument that even
ing and asked him to djourn the court
till Monday, which he did.
Judge Robertson asked the counsel
for both sides to come to some agree
ment as to the division of time, and to
SO arrange it as to get through on Mon
day. Mr.. Phlegar said that the court
sits five and half hours and that he did
not wish to consume fourth of that
1t is likely the whole day will be con-
sumed In argument, as there are two
lawyers on each side.
The Judge informed the jury that he
was sorry to inform them that they
would have to stay together and talk to
no one till Monday. They were granted
permission to go to church if they staid
together aud in sight of the sergeant.
Thursday Nights Music Recital
The. first of the Porter Cary Roch-
ussan series Of music recitals will be
given Thursday night at the First Bap
fist Church. The success of the must
Gale at Smiths Hall some time ago led