Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-13
SMITH TAKES THE STAND.

SMITH TAKES THE STAND.
Al g,io this afternoon Smith was
called to the stand. He fald he did not
know Judge Powers. only spoke to
him once and that was when the Judge
asked him n he had anything to say
before sentence was pronounced. Was
first sentenced In February. isif lie
was placed In solitary confinement as
soon na he reached the punileuuafy.
Was In Diamond August 25th. pld not
know Fred Hansen. Never saw him
until he got ON the witness stand.
Knew Joe Biddiecome. Had known
him since isa1.
"Dld you know his feelings toward
Judge Powers Ia August. 1888" Obs
icctod To and objection Hustsinc1.
Had a conversation with him at
Bingham. HiddlccOine said u was a
wonder some one didn't set at Judge
Powers. II would like To get at the
- OF b." nlddlecome said. lie
crosses the desert To 80 10 his mine and
N could get someone to assist me l
would wnylay him and do HIN up. The
- of b has done me out ~ my
minins property" This conversation.
smith said, was had July goth. 1880.
Knew the witness Peek. Denied max
Ing a confession to him. II was all
made w. for the purpose Of iniuring
him. Defendant then went ON to re-
late how he came by the two sticks
them from the magazine OF the Dln-
mond mine. lie had been told TO help
himself and did not consider he had
done anything particularly wrong In
taking them. Denied that he was ever
In Eureka. Had passed through there
In "A train. Mrs. Isabella Burt who
said she saw him pass her place Aug
ust 20. on the wny to the Rio Grande
Western depot In Eureka, was mis-
taken, Was In Silver either the % or
- of last August Had no business
there i.omnined at the place for about
half an hour. Did not 40 TO any mine
while there. After he had been locked
up In the jail at Eureka, about d hum
drcd people cnine TO see him. The next
morning Marshall lIenriod took him
10 the express agent mt the depot for
the purpose Of seeing whether the lat
ter could Identify him. Hcnriod made
him put on his old suit Of clothes.
did the agent Identify you7' asked
Mr. Truman. objected to by Mr.. Put
nam. Objection sustained.
Smith was here shown the two dynn-
mite boxes cent TO Judge Powers and
Warden Dow. one empty and the other
containing revolver. He said hc saw
them for the first time at the police
station. during his preliminary hear
| Ing. Pcck'H statement that he carried
| two rcyolvers In Diamond was untrue
Defendant said he never owned or car
| rled but one.
Mr.. Putnam-You cay you noy..
spoke TO Judge Powers until he sen-
fenced your
Smith-No, sir.
Never threatened him In court7"
| No. sir"
Never saw Judge Powers at the
penn
u don't remember seeing him"
Did you not ask Judge Powers to
Try ana set you a pardoni'
II did not
ibid you ever write ,Itagc Porers a
letter asking him to come to the pen
ana see youg'
~ never dld."
Don't you remember telling him you
were pcnitent and broken In health
and would like to get out7"
- never had such conversation
with Judge Powers"
Did you ever write 10 Judge Ro-
lapp7"
something like this; Being a man of
my word. send you this gift. although
your services weren't Of much use TO
me-"
Then Judge Rolapp's statement that
you had written him Is falseg'
| at g."
you want the jury to so understand.
do youf'
Yes hope I may not live 1--WE min
utcs n I am not telling the truth.
Here the defendant raised his right
hand and looked straight at the jury
Smith was asked n he had not
threatened Judge Powers, judge Rolapp
and others. and he replied by stating
that II was all pack Of lies. political
corruption" and that the parties were
'mallcloualy mistaken"