The herald., 1893-12-14
SMITH IS FOUND NOT GUILTY.
The Jury Returns a Verdict
in the Murder Case.
One OF the Most Sensational Suits
Concluded.
A Graphic Description of the Murder
on the High Seas AZ
Told by the Only
Witness.

buiieJ NY sho jury III tuo OulLou Othtcn
circuit court at 10 80 O'Clock last night.
Smith was charged with killing the boy
on the high seas last December.
The case WAS one OF the most import.
ant In the annals OF criminal history in
Southern California. 1t has occupied
the last three days, and the entire pro-
ceedings were watched with unusual in
terest.
The murder was most horrible.
Smith, when about to be lynched, con-
3fessed to having killed young Neale.
The plea OF the defense wac temporary
insanity, and it was not wholly without
foundation, as the evidence will show.
THE CASE RESUMED.
The case for the government was con-
Quoted by w. J. Hunsaker, esq, the
able counsel of the Southern California
Railway company, he having been spec
tally appointed by the attorney general
OF the United States, George j. Denis,
United States district attorney, having
previous to his appointment been con-
suited by Smith on the subject of his
defense, which disqualified him from
representing the government in the
prosecution. The case for the govern
ment could not have been placed in
abler hands. j. Marion Brooks, esq.,,
represented the defendant.
The first part of the case for the gov
ernment consisted in the introduction
OF the confessions OF Smith which were
in his own hand writing, signed by him
and witnessed by the sheriff and his
deputies. These confessions are the
more interesting as they were written
in the momentary expectation oil lynch
ing.
THE TESTIMONY.
j. w. Brenning, chief OF police OF San
Diego, testified to arresting Smith the
night after the murder on the arrival OF
the Lou in the port OF San Diego; that
he asked Smith the question "Where is
George Neale?" When, after some hes
itetion, Smith replied he did not know
and then said, "Who told you about
it?"
the chief also testified that in answer
to questions he asked Smith, in the Jail
at Los Angeles, at the time of the grand
jury investigation, Smith stated that be-
fore he could get at George to attack
him, he had to draw down a curtain in
front OF Georges bunk and which hid
him from view, that he drew it half
way down the bunk that at that time
Georges face WAS towards him, but
that the top of his head was also towards
him, as HE chin was inclined to his
chest; that he then struck George two
blows on the top of the head with
.hatchet; that each of the blows was
sufficient to cause death; that he did
not know whether George was asleep or
awake at the time, but that he made no
In, tlx 4. L. L.
then dragged him from the cabin on to
the deck, and that George then resisted
being thrown overheard, and that
George made some struggle in the
water that he did not shoot him in the
water, and that he estimated that from
the time he was thrown over into the
water until he sank about one minute
elapsed.
Capt. William Silberry testified to
the geographical position OF the place,
pointed out to him by Willie Silberry,
as the location where George was thrown
overheard.
District Attorney NJ. E. Ward, for
merly United States commissioner at
San Diego, testified to confession made
by Smith when brought before him, in
substance as stated by Chief Brenning,
and also stated that the defendant had
the apparent manner of sane man.
S. w. Kroff, one of the sherff's depu-
tias (Xrof being the jsiler at the time
Smith was in the county jaiD and A. X.
Cravath. then sheriff, were the wit
nesses to the full voluntary written con-
fession written and signed by Smith,
and 30 testified, and also testified that
in their opinion the defendant was
sane.
STORY OF THE MURDER.
Christopher William Silbery's state
ment excited the strongest sensation of
the trial. 1t was substantially as fol.
lows:
was engaged by Sam Smith a day or
two before we sailed to go with him in
his schooner Lou to White Rock for
guano. | did not know that George
Neale was going till two or three hours
before we sailed. We sailed from San
Diego ON November 10, 1892; the
schooner left her anchorage about
o'clock in the afternoon. There were
only three of us aboard, Sam Smith,
George Neale and myself. l never knew
George before this time. We got out of
the harbor readily, as the tide was run
ming out, but got into calm on the out
side. Smith steered US out and George
and l attended the sails. We got
abreast of the Coronado islands about
IL o'clock that night and think we
were opposite Ensenada on the morning
of the 18th day of November. We lay
to there some time on account OF calms.
From the time we left San Diego it took
us about four days to get 25 miles below
: White Rock. White Rock is 240 or 250
miles below San Diego. We went below
White Rock in order to get some tim
bers from the mainland to make floor
to put the guano on. We were near the
mainland where we got the timber
about two days, and then we went to
Geronimo island. where we lay two and
one-half days, because Smith said the
tides were not running right to allow of
our getting the guano at White Rock.
Then we ran over to White Rock, which
was about ID or 20 miles away. The
three of us went alongside the rock to
see what we should want in the way of
a ladder to get on to it, and then we
came back to the boat and made u lad
der the proper height. In the after
noon of that day, which was possibly
the 10th OF November, we all three went
back to the rock and filled rs sacks with
guano. Then, az the tide was rising,
we had to quit work. The next day
Smith landed George and me on the
rock and he went back to the schooner
to make a platform to put the gusno on.
~