The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-04-09

Gut Strong Case-A Peculiar Cross.
examination-One of ths Jurors Taken
Hl-The Prisoner Appears Uncon-
cerned
AS the trial of John Smith, who is
accused of the murder of Peter Alif
progresses the interest manifested in it
by the public increases. An hour be-
fore Judge Robertson assembled the
bench the courtroom was densely
crowded with spectators. There was
those there partizans of Smith, hoping
to see the trial take turn favorable to
tho prisoner and number OF personal
friends of Alitf mingled with the throng
who wero waiting to hear Smiths death
sentence confirmed.
so far the testimony is substantially
the same as was given at the previous
triai and 1t was remarked by those who
nave observed the testimony of eve
witnesses in murder cases that the com
monwealth's evidence in this trial was
remarkably unanimous.
The wife and sister Of the prisoner
sat on either side of him throughout
the day. Smith still retains his compos-
ure and looks on as complacently as the
most casual observer.
Smiths wife looks sad, but self-pos-
sessed, and she never loses word of
the evidence.
Alice Payne, who was standing in her
sisters door at the time and Witnessed
the murder, told the Same story as the
Alitfs. She heard Peter Aliff say, "Lay
down your pistol, Smith, and I'll fight
YOU"
w. n. Meadow was an eyewitness to
the murder, and his testimony corrobo-
rated that previously given.
Officer Norman narrated the pattic-
ulars of his arresting Smith on Taze-
we'll street.
John Godsey was in Brown, johnson
" Co. g hardware store on the day Of the
murder, ana remembered that Smith
came in to buy pistol and corroboruted
tho testimony of III. M. Toles, which was
as follows:
'At tho time of this murder 1 was a.
clerk in tho store of Brown, Johnson IL
20. l cannot say that 1t was July %,
but know it was on tho day OF the muir
| der that John Smith came in and asked
for 3Scaliber, hammerless, pearl
handled Smith & Wesson revolver.
There was not n pistol of that des-
cription in stock and | showed him one
OF the same sizo and make only it had
rubber handles. Just as Smith was fix
ing to pay for the revolver he made somo
threatening remarks about some one,
and put the pistol back in stock and
told him that would not sell him one.
lie then left tho store without the pis-
toll"
This ended tho testimony for the Com
monwealth and court adjourned until
after dinner.
John Carter, tho first witness for tho
defense, testified that he heard George
Alitf say that he had an iron rod in his
hand when he run down toward Smith
and could have stopped the fuss il he
would Andrew Calvin's evidence was,
in substance. tho same as Carter's.
Fleming Neigh bors stated that he had
heard George AliT say that no had hold
OF Smith and had in his hand an iron
rod. Mrs. Hicks was at George Aliff's.
house tho day after Peter was killed,
and heard George say that he had the rod
In his hand when he had hold of Smith.
William Praetor, OF Bedford county,
was passing and heard the shot fred,
but did not see either OF the parties. He
saw shirt sleeve lying at tho gate
which looked as if it had been torn off
recently. r. H. Holland, father-in-law
OF tho accused, saw the killing. He
said that when Smith called to Peter
George Aliff, Peter Aliff, Norman
Arther and Mrs. Martha Aliff all went.
down to Smith and commenced striking
and fighting him, and that all OF them
had hold OF him with ono or both hands.
When they started from the house
George Alif said: Come on, we will
give him good one." Holland became
somewhat confused on cross examine
ton, and 1t is said that his testimony is
somewhat different from that which he
gavo at the previous trial and also De-
fore the grand jury.
Mrs. AliH was called back on re-cross-
examination by tho defense and was
asked,
"Do you remember on day or so pre-
vious to tho murder that an agent of
some sort was at your house talking to
Peter"
81 do"
DO you know what passed."
81 do not"
That's tho funniest cross examina-
tion ever heard" interposed Common
wealth's Attorney Smith.
"Lots OF things seem funny now that
will be very serious before the trial is
over" replied A. A. Phlegar.
Frank Bell, an insurance agent, was
called to tho stand: 81 was at George
Aliff's house two or three DAYS before
the killing and was talking to Peter
Alih." Here Attorney Roy Smith OBJ
Jected to this evidence being introduced
ana the court ruled that the evidence
was improper.
Mr.. Phlegar said it was to show that
~ ieeiing existed between Alif and
-. l.