The herald., 1893-12-14

W
the while, and made the tiller fast. He
was mostly sitting down in the cockpit
looking over the side into the water.
He was sighing most OF the time. He
looked at me kind OF helpless and said !:
'How had we better fix this ?" One re-
mark he made was that that boy eat as
much as three ordinary men, and he
eaid: "rhere was one thing puzzled me
about George, you said you were willing
to forfeit your wages, but George would
not answer me-" When he said how
had we better fix this, said: 'We had
better report him lost in the 3 o'clock
watch" That seemed to please him,
and he said: "All right" Then, come
time in the afternoon, he washed him
self all over and changed his clothes. and
put his bloody shirt at the forward end
OF his bunk. When he got through
dressing he said: 81 feel little better
ON the outside if don't on the ln." He
asked me sometime in the forenoon Of
that day whether wanted to shoot him.
l said: II don't want to shoot you !;
talk like that gives me the chilla."
| said: "You amt got no cause
to die, you amt done nothing" He
said: "You can go down there and get
the gun and shoot me if you want to-"
One time he said, as ii to himself: ITO
think have lived "a years, an honest.
upright life, and it has come to this"
He said he had sister to support, and
| got talking to him about his early life.
He said he had had some misfortunes
and loss of money, and he ran on from
one thing to another. We were pretty
near in then and it was getting late. l
cooked him three meals that day. When
we got in never said anything about
it. / kept busy moving round the boat,
but there was one thing he said to me
when / was leaving. He said: 'Be q
good boy to your mother; you don't
know what it is to take the law in your
own hands" He said 81 see it now.
| must have been crazy when done it. "
That wac just as | was going into the
boat ] had hailed to come ashore in.
He looked scared most of the day, and
got nervous and restless and groaned
and sighed good deal. When we were
about letting 60 the anchor | said to
him: "If | meet anybody tonight | will
say it is all right, and you can explain
matters in the morning." That seemed
to satisfy him. He said, too, You have
a noble mother" and he said, "the
other boy has mother and father, too,,'
and he said, 81 pity them" said: ut
is no use to get downhearted; you might
see George in ahead of us; if he should
have come across a boat he might have
got in first" He looked up and smiled
and said: 81 hope he hae." When he
was washing himself he seemed afraid
that | would get to his gun and
shoot him. There was one thing
forgot, that he said in the morning.
After | had convinced him that l had
had nothing to do with the boat getting
adrift, he said that he mad intended TO
throw us both overheard and report us
Loaf. When | got ashore L went up town
just as | was dressed when | left the
schooner, except that l changed my hat.
l lodged around town till half past 8
that night, and then l went home
and told my father and mother abont
Georges murder, and | and my father
went down and reported the mstter to
Chief of Police Brenning. Then l and
my father and Chief of Police Brenning
and Georges brother and uncle and
Police Officer Joe Gotta all went down in
hack, and Chief Brenning arrested
Smith. He was arrested about O'Clock
in the morning OF December Sd.
The locality of the murder was, as near
as can tell, about two miles north from
the Coronado islands and between there
and Point Iona.
After Smith had washed himself and
changed his clothes he rinsed out the
pants he wore at the time of the muir.
der.
While / was talking to him during
the morning, say for space of two OF
three hours, Smith kept hold of the gun
Smith must have reloaded the gun afte
emptied it there. / never saw him load
the gun. ,aas
Harvey Mccarthy; reporter of the San
Diego Vidette, testified to a confession
also made to him by Smith when on the
geles, similar in terms to the other con
LESSONS.
OTHER EVIDENCE.
The government introduced the rec
erds of the custom house at San Diego,
showing the nationality of the schooner
Lou, of her owner, Captain Smith, ant
description of the vessel. Collector J. r
Berry being on the ptsnd,
The prosecution then rested and tht
defendant then offered in evidence tn,
depositions of three brothers and {
sister of Smith.
DISPOSITIONS PRESENTED.
The deposition of Edwin Smith o
Grants Pass, Ore, brother of the de
fendant, was to the effect that he, tn,
defendant. had had great domesti,
trouble, and for days at a time woult
not speak to anyone. He had not seer
his brother since 1859, although his els
ter had written that his, the deien
dant's, mind was affected.
Mrs. Elizabeth Nebhut of Union, Ga.
a sister of the defendant, presented 9
deposition, the substance OF which wat
to the effect that the defendant't
mother was mentally .deranged and dice
in that condition.
Other dspositions from relatives O
Smith were heard, all of which went tc
show that bis parents were more or lesl
afflicted mentally when he was quite
young.
SMITHS INSANITY.
Captains Hunt and Posey of Sar
Diego were called to testify to the in
sanity of Smith. They seemed to bs
unusually friendly and soicitous on hil
BEHALF but were lame in the facts or
which they based their opinions OF the
mans insanity. Several witnesses in
troduced by the defendant for the pur
pose failed to show insanity; in fact
they asserted their belief in his sanity
The defendant was called and inter.