The herald., 1894-05-16
THE WILMINGTON MURDER CASE
Examination of John Smith Ac-
cused of the Murder.
Rather Weak Testimony SO far Has
Been Adduced.
Ths Doctor Testifiss That Mrs. Luuns
Died from Natural Causes bat
Other Witnsssss Tell Tales
OF Violence.

The examination Of John Smith, who
e accused OF the murder OF an old
woman named Sylveria Lunas, at VIII
nington, on the 10th OF April, was com
menced before Justice Bartholomew
yesterday. The defendant ia repre-
scented by W. II. Savage OF San Pedro
and the prosecution by Assistant Dis
triot Attorney Ryan.
With most OF the evidence for the peo-
Pile nearly in, it cannot be said that any
thing like strong case has been made
out, although the prisoners moral char
ac.er does not stand out as shining
example John Smith is man
probably 80 or 55 years old. with an APP
garb consists OF blue wooden shirt,
black silk scarf aud sun-discolored
clothes. and his facial appearance Is in
dicative neither of good nor bad quail
tiles.
When he took his seat near his cour-
sci he said to person sitting near !:
"Ain't this awful? l don't know any
more about this case than you do"
animation, and from the three first wit
nesses, Mrs. Candida Lopez, Mrs. RAJ
mirez, her sister, and Soledad Lopez it
WAS gathered that on the morning Of
April 9TH, Sylveria Lunas was found on
the floor of the room which constituted
her dwelling. One side of her face WAS
covered with blood. The right side OF her
body was black and under the right arm
was a scratch. There was vomit on the
floor which smelt of wine. Mrs. Lunss
only had on night gown. The day
after the old woman stated that she was
very sick and did not expect to live very
long She said that Mr.. Smith had
given ner wine that she had drank too
much and that it had done her injury.
Deceased had not stated that Smith had
struck Or beaten her. Mrs. Lunas was
between 60 and 70 years old.
DR.. W. ID. Seamans of Wilmington
examined the sick woman on the 7ti.
She was unconscious, breathing heavily.
lying on her left side, with her right
side entirely paralvzed and the extren-
tiles cold. The body was limp There
was a slight discoloration OF the body on
the right side. Witness made thor
ough examination. Mrs. Lunas gradu-
ally sank and died on the 10th, about
noon. DIR. Seamans also performed the
autopsy, finding blood clots on the left
side OF the brain. HE diagnosis OF the
case was cerebral hemorrhsge. This
might have been produced by natural
causes or violence, but his examination,
which WAS quite minute, failed to dis.
close wounds upon the scalp or skull
which might have produced the symp-
toms that led to the woman's death.
Here the prosecution asked hypo-
thetical question which intimated upon
what grounds the charge OF murder, or
at least manslaughter, was based. The
question was: "Supposing woman of
deceased's age in ill health had drank
too much wine, and man undertook to
take liberties with her, could not the
excitement produced by her resistance
bring about cerebral hemorrhage ?" to
which the witness answered yes"
Harry st. Clair, who is alleged to
have been Smiths boon companion on
the night between the 9th and 9TH, rec
objected calling at Mrs. Lunas' house
with the prisoner. They remained out
till 4 30 in the morning, during which
time he WAS never away from Smith for
more than 10 or 15 minutes at time.
He had taken two doses OF morphine,
aud between that and the claret he
drank all of their doings on that day
seemed TO him as a dream. He could
not swear positively whether they had
been at Lunas during the day or even
ing.
Mrs. B. Pierpont saw Smith and the
preceding witness, whom che only knew
as Morphine Harry" on the evening
OF the 9th driving in a buggy to Mrs.
Lunas' house. 1t was some time before
the woman answered. Smith alighted
and carried something into the house,
while Morphine Harry" stayed in the
buggy. After remaing five or tea min
utes both drove of and soon thereafter
the light in Mrs. Luna's cabin went out.
The witness saw the old woman on the
hoor the next morning. She appeared
to be conscious, but could not talk. BY
the way her day clothing had been dis
posed OF she had retired In the custom
airy manner at night.
Mrs. n. Gregory, who lives 80 or 80
feet ION the Lunas house, was the first
witness who had something sensational
to lmpart, and she was very anxious
that nothing that she knew should 20
to waste. She said: 81 saw Smith be-
tween and 80 in the evening coming
from his house with s.. Clair and driy-
ing toward Lunas'. As he had gone
there frequently that morning l did not
look to see if he went in. After leaving
Mrs. Lunas'-it was $3.50 o'clock-he
drove up to my house and wanted to