Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-08
TRIAL OF SMITH
DRAGGING ALONG
Testimony Of Witnesses Taken at
'Todays Hearing
WHAT YOUNG PECK SAW.
Two Men who Knew Smith at the
Peniientiary Testify Against
Defendant

legged dynamlter. on the charge Of as-
sault with intent to murder Judge o.
w. Powers, is dragging along at a
slow rate of speed before Judge Norrell
and jury IN the criminal court Thus
far but ten witnesses have been ex-
emined by the State, and as there are
fully that number yet TO be called, II IL
thought the prosecution will not rest
It's 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 the 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 Of wood,
similar to that used in the construction
of the boxes sent Judge Powers and
Warden Dow.
Judge Norrell 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
ment 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 diabolical act would
be 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 ex-oilicio
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-
victed Smith and witness sentenced
him TO nine years In the penitentiary.
After sentence had been pronounced,
Smith stepped up close 10 the bench,
and shaking his fist, said: II will kill
you. S. OF D." He also threat
ened DR. Pike. who had Testified at the
trial regarding his sanity Judge Pow
ers then told Of his going ont 70 the
penitentiary at Smiths request, at
which time the prisoner pre-
tended TO be penitent for
what he had done. Witness afterwards
recommended Smiths pardon. In the
year 1891, while Smith was still In the
penitentiary, witness received letter
from him which complained Of witness
treatment Smith threatened TO in
jure him; that he proposed TO get even
through witness family. After that
Smith wrote Judge Powers again ex-
pressing sorrow for what he had said
and done and asked witness to help get
him pardon,
CROSS EXAMINATION.
Judge Powers was then cross exam
ined by Attorney Truman, who asked
the witness II he had ever seen Smith
before his trial
Judge Powers-Yes, ! saw him when
| ordered him committed TO the insane
asylum.
Mr.. Truman-You believe him in
sane?
lllih lltit WIS Sulltltul uuuul
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"
mo, he Is not an associate Of mine"
How do you know the letters from
the penitentary were written by hlm?"
He said so himself when ] talked
with him. had only his word for g.
Had you any communication with
Smith after his release from PRISON.
mo, had forgotten that John Smith
lived
why didn't you keep the threatening
letter.
II have received other threatening
letters and did not think II OF sufficient
Importance 10 keep"
Did you receive other threatening
letters from the penitentiary2"
mo: for some unaccountable reason
the senders Of the other letters are not
In the penitentiary" Laughter)
JUDGE RoLAPP TEsTIFIES.
Judge Henry II. Rolapp, OF the Sec.
ond judicial district was the next wit
ness called. He stated that he was
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 penltentiary, in which he said
that II he, the witness. would not assist
him In getting a pardon, he would place
witness on the list with Judge Powers
and others.
DIR. w. r. PIKE CALLED.
Or. r. w. Pike was next called to
the stand Witness said he was su-
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
AS near as witness could remember
the language used by Smith was 81 will
XIII YOU, too Wou d. s. Of a b..
II its the last act Of my life"
BY Mr.. Truman-Did he kill you?
Dr. Pike-No.
did he ever attempt TO kill your"
mo"
You had Smith under your observa.
ton when he was In the asylum"
Yes"
"Was he insane when he was re-
IL regarded him as a sane man when
he was brought 10 the asylum"
Was he excitable?'
mo. he was quiet and deliberate"
TESTIMONY OF OFFICERS.
n. w. Crookston, ex-sherlft Of Cache
Detective f. W. Franks. and
ex-sherlff G.. r. Belnap OF Weber
all testified 10 the threats made
by Smith In the court room after the
trial, against Judge Powers and DR..
Pike.
+. II. Hansen said that In isss, he
was convicted Of unlawful cohablta-