The herald., 1893-12-17
THE SMITH TRIAL.
j. Marion Brooks Makes . Personal
Statement.

j. Marion Brooks Makes Personal
Statement.
EDITORS HERALD: had thought we
would say nothing with reference to the
late trial OF Capt. Samuel O. Smith in
our United States circuit court, but
after seeing such comments on the facts
in the local press, in defense Of the IL
Jurors who 80 conscientiously tried the
case, I make this statement.
There is no question that Smith,
when insane, caused by the chatting OF
two boys, killed one of them and threw
him overheard. The boy. Silberry, who
was on the boat with Smith, knew moth
ing OF the matter. His testimony was
completely broken down by establishing
beyond doubt by four reputable wit
nesses that his character for truth, hon
esty and integrity was bad in the COM
munity in which he lived. The gov
ernment wss unable to find singe wit
mesa who would swear Silberry's char
acter was good. Captain Smith WAS
shown to be sober, honest and indus
trious man, kind and gentle as child.
His character was placed in issue and
no man was able to asBail it. The
charge that he ever used liquor in any
form is afabrication without foundation.
insanity was shown to have been in
the family, his mother dying when
insane, Smith being only six
months old at the time. The
court gave the instruction asked
for by the defendant, that the fact
that insanity was in the family of de-
fendant, should be taken into considera-
tion in determining the question OF de-
fendant's sanity at the time Of the homi.
eide. Every witness who testified for
the government or the defendant invari-
ably admitted that Smith had not been
right for many years. Captains Pol
hemus, Mcdonald, Hunt, Chase and
Possy. who had been intimately &C.
qusinted with defendant for 25 years,
said Smith was "a little off," end in the
last two years was not competent to
attend to his own business. Captain
Possy told aud begged of the Neale boy
not to 60 on the trip with Smith; he
told him Smith could not stand Elm.
He knew the boys; he had seen them
around the water front at San Diego and
knew their characters, and knew, in
Smiths condition OF mind, he could not
stand their annoyance. But their par
ents, for the money that was in it, let
them 60, and even though the Neale
boy is dead, his parents collected his
wages from the effects of Smith, 80 we
are informed. Three eminent physi-
clans. Drs. Wise. Still and Bryant, tes-
tilted as to Smiths sanity, all nswering
the hypothetical question asked them by
us, and supplementing the hypothetical
question by personally examining the de-
fendant. They said at the time OF COM
mitting the horrible act defendant was
insane. The testimony of these eminent
physicians was not contradicted; not q
single physician testified for the govern
ment that Smith was sane, though there
are 750 doctors in this city and county
of San Diego. With this evidence be-
fore the jury we submitted the case on
the part OF defendant without argument,
and in our opinion if the jury had con-
victed the defendant there is no court
upon earth that would have permitted q
jury, by their verdict, to have thus
murdered an insane man. Never in the
history of the proceedings in our courts
was the side Of the government more
ably presented. and never was verdict
more approvingly received than the ver-
dict in this case by those who heard the
evidence.
The proceedings in the case was efi-
clently reported by Mr.. Longley, and we
appeal to his shorthand notes for the
truth of this statement.
Very respectfully,
J. MARION Brooks.