Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-08
Testimony Of Witnesses Taken at
'Todays Hearing.
WHAT YOUNG PECK SAW.
Two men who Knew smith at the
Peni,cniiary Testify Against
Defeudsus

The trial Of John Y. Smith. the al
legged dynamitor. on the charge OF as
fault with intent to murder Judge o.
W. Powers. II drasglns along at
slow rate OF speed before Judge Sorrcll
and jury In the criminal court Thus
far but ten witnesses have been cS-
amincd by the State. and as there are
FUZZY that number yet to BE- called. II In
thought the prosecution will not rest
lts case In chief until tomorrow evening.
or maybe sometime Monday.
Seven OF the ten witnesses testified
yesterday afternoon. Their evidence
was offered for the purpose OF showing
a motive for tho crime on the part of
the prisoner.
OF the three witnesses examined 20.
day the most damaging testimony was
given by the young man Peck. lie
stated that he saw smith with certain
tools In his possession: also that he saw
him pick up some loose pieces u wood,
similar to that used In the construction
q the boxes sent Judge Powers and
Judge Norrcii has decided to hold
court tomorrow. when the trial will be
resumed.
When the News report closed yes.
terday. County Attorney Putnam had
Just begun making his opening state.
mcnt to the jury. He gave the history
OF the case, and said Smith was the
man who sent the boxes containing the
explosives to Judge Powers and War
den Dow. that the mans motive for
committing such diaboiicai act would
he fully shown, and the fact that he
sent them proved.
TESTIMONY OF JUDGE POWERS.
The first witness called to the stand
was Judge Powers. He testified that
In 1856 he was Justice OF the Supreme
court OF Utah Territory and cx-oiliclo
Judge OF the First district court. While
acting In the latter capacity, the de-
PENDANT was tried before him ON the
charge OF train robbery. The Jury con-
yictcd Smith and witness sentenced
him TO nine years In the pcnitcntiary.
After sentence had been pronounced.
Smith stepped up cloae TO the bench.
and shaking his fst; said - win XII
ened DIR Pike. who hsd testified at the
trial regarding his anhity. Judge Pow
crs then told OF his ading out to the
pcnitcntiary ut smiths request. at
which time the prisoner pre-
, tend, d 70 , be ,,, penl's9, 70 Tor
recommended smiths pardon. In the
year 1891. while Smith was Htill In the
penitentinry. witness received letter
from him which complained OF witness
treatment. Smith threatened 10 In.
lure him; that he proposed to get even
Smith wrote Judge Powers again cx-
pressing sorrow for what he had said
and done and asked witness to help get
him a pardon.
CROSS EXAMINATION.
Judge Powers was then cross exam
incd by Attorney Truman. who asked
the witness II he had ever seen Smith
before his trial
Judge Powcrs-Yos. | saw him when
| ordered him committed to tho Insane
asylum.
Mr, Truman-You believe him In
sane?
II think there was sufficient doubt
about his sanity to warrant his being
committed"
you believed him to be insane?"
No. never believed him to be In
sane"
DO you know smiths handwriting?"
No. he IN not an associate of mine"
How do YOU know the letters from
the penitcntiary were written by hlmg"
He said so himself when I talked
with him. had only his word for IT,"
Had you any communication with
Smith after his release from PRISON."
NO. had forgotten that John Smith
why didn't you keep the threatening
iettcrG'
II have received other threatening
letters and did not think II OF sufficient
Importance to keep"
Did you receive other threatening
letters from the pcnitentiary7'
mo. for some unaccountable reason
the Hcndcrs Of the other letters are not
In the pcnitcntiary." uaughter)
JUDGE RoLAPP TEsTIFIEs.
Judge Henry II. Rolapp. OF the Sec
ond judicial district was the next wit
Smiths attorney when he was tried
for train robbery. Witness
corroborated Judge Powers, on
the threat Incident. Witness
further testified that he received a
letter from Smith while the latter was
In the penltcntiary, In which he said
that n he, the witness. would not assist
him In getting pardon. he would place
witness on the list with Judge Powers
and others,
DIR. W. II. PIKE CALLED.
DR.. II. W. Pike was next called to
the stand Witness said he was SUI
perintcndcnt OF the Provo asylum.
about thirteen years ago. at which time
Smith was one OF the inmates. The
defendant was confined there about
four months. Witness then related the
threats made by Smith towards Judge
Powers and himself after the sentence.
Az near as witness could remember.
the Language used by Smith was ~ will
| kill you. too. Won d. 81 OF "a b.,
| II It's tho last act OF my life"
by Mr.. Truman-Did he kill you?
Dr. piko-No.
did he ever attempt to kill your"
mo"
You hnd Smith under your obserya-
ton when he was In the asylum"
"Yca."
WAS he insane when he was re-
| cciNcdY"
81 regarded him M sane man when
| he was brought Ga the asylum"
"Wns he cNcitableg'
mo. he was quiet and deliberate"
TESTIMONY OF OFFICERS.
N. w. Croollston. ex-sheriff OF each,
county, Detective ". w. Franks, and
| cx-Shcrifi q. II. llelnap. OF Wobe;
county. all testified to the threats made
| by Smith In the court room after Tho