The times., 1899-02-17
SMITHS THIRD TRIAL.
The Jury Selected and Examination
of Witnesses Hcrun.

Edward Smith, colored. was put upon
trial yesterday, for the third time, in the
! Criminal Court of the District, for the
murder of .Edmonia jackson, whom he
killed on November II, 1897. The proceed
ings were held in Criminal Court No !,
Justice Cole presiding and Assistant Dis
trict Attorneys Joseph Shillington and
John E. Laskey representing the Govern
ment.
The accused was represented by Messrs.
| Warder Voorhees, and +. s. X. Smith. Ths
latter. on account of other pressing bust
ness, withdrew from participation in the
trial at noon.
When the court convened the attor-
neys for Smith asked for cOnIinu-
ance OF the trial, ana filed affidayits in
support of their request for delay. Mr..
voorhees, alleged that the time which
elapsed since the last trial of the defend
ant was too short to allow of the securing
of evidence as to the mental condition of
the accused, and also that public opinion
had been melted against ;he prisoner by
publications in the local newspapers.
He also claimed that the failure of the
jury to agree upon verdict during the last
trial had been termed a miscarriage of
justice, in consequence of which there was
a likelihood of the defendant. Smith. be-
ing lynched, and finally, that the new law
under which he had been tried was a farce
and should he repealed.
Mr.. voorhees, also excepted to the panel
of jurors because of the absence of one
of the talismen, and to the fact that list
Of the jurors and witnesses had not been
served on the defendant in proper time.
Mr.. Smith asked for a postponement on
the grounds that the last trial of the de-
fendant was within the present term of the
court and because of the excited state Of
public opinion, the prisoner could not re-
ccive fair and impartial trial.
While the argument on these objections
was going on, the defendant, Smith. sat
smiling, and as each objection was over
ruled, looked toward his counsel with sort
OF u told you So expression on his face.
When Justice Cole Overruled the motion
made by the defence the empaneling OF
the jury began.
II was not however until $40 D. m that
jury was secured, and the trial OF the
case. so far as the introduction Of evidence.
was begun. The Jurors chosen are William
Harper. Samuel H. Williams, James Q
/ Carroll, Frederick Duvall William b. Eas-
ton. Henry p. Clarkson, George d. John
son. w. w. Breneman Jesse Barnes. Sam
uel W. Stewart, S. A Coombs. and James
+. Lynch.
The story of the crime of which Smith is
accused has been often told and briefly is
that on November Is, 1897. he killed Ed
monia Jackson, a woman with whom he
had been living at No 124 Madison Alley
According to the testimony Smith first at
tempted TO end Edmonia 5 life with a shoe
makers knife. but failing in this. nearly
severed her head from her shoulders with
hatchet. He then tried to burn the house
in which the dead body of the woman he
had murdered lay in order to conceal his
crime.
The hearing was continued until 40 p.
m, and would have been continued until
& p. IN. had it not been that the court
room was deluged with water. which
leaked through the roof of the building
As II was. only one witness. Or. Sterling
Rufiin, who performed the autopsy on the
body of Edmonia Jackson, was examined
in behalf OF the Government The trial
will be continued this morning and the
court will sit until p. m.