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

AT 2.l0 THIS AFTERNOON SIulth was
called 20 the stand. He said he did not
know Judge Powers. only spoke to
him once and that was when the Judge
asked him ii he had anything TO say
before sentence was pronounced. Was
first sentenced In February 1855, He
was placed In solitary confinement as
soon as he reached the penitenuary.
Was In Diamond August 9th. DID not
know Fred Hansen. Never saw him
until he got ON the witness stand.
Knew Joe Biddlecome. Had known
him since 1898.
Did you know his feelings toward
Judge Powers In August, 1893" OBJ
jected TO and objection sustained.
Had conversation With him at
Bingham. Blddlecome said 1t was
wonder some one didn't get at Judge
Powers. Il would like to get at the
s. Of b." Blddlecome said. He
crosses the desert 30 80 10 his mine and
II could get someone TO assist me !
would wnylay him and do him up. The
s. Of b. has done me out ~ my
mining property This conversation.
Smith said. was had July goth. 1899
Knew the witness Peck. Denied max
ing a confession 20 him. II was an
made up for the purpose Of injuring
him. Defendant then went ON TO re-
late how he came BY the two sticks
OF giant powder He said he took
them from the magazine OF the Dia-
mond mine He had been told 20 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 %, on the way 10 the Rio Grande
Western depot In Eureka, was mis-
taken. Was in Silver either the % or
"A OF last August Had no business
there. Remained at the place for about
half an hour. Did not go TO any mine
while there After he had been locked
up In the jail at Eureka, about a hun
bred people came TO see him. The next
morning Marshall Henrlod took him
20 the express agent at the depot for
the purpose Of seeing whether the lat
ter could identify him. Henriod made
him put on his old suit OF clothes.
did the agent identify you?' asked
Mr. Truman. Objected to by Mr.. Put
nam. Objection sustained
Smith was here shown the two dyna-
mite boxes cent 10 Judge Powers and
Warden Dow, one empty and the other
containing a revolver. He said he saw
them for the first time at the police
station, during his preliminary hear
ing. Peck's statement that he carried
two revolvers In Diamond was untrue.
Defendant said he never owned or car
ried but one.
Mr.. Putnam-You say you neve.
spoke to Judge Powers until he SEN
fenced you?
Smith-No, sir.
Never threatened him In court?"
no, sir"
Never saw Judge Powers at the
penn
II don't remember seeing him"
Did you not ask Judge Powers 10
try and get you pardon?"
II did not"
did YOU ever write ,Jy1ge Poyers O
letter asking him to come to the "pen"
and see youg"
Il never did"
Don't you remember telling him you
were penitent and broken In health
and would like to get Out?"
Il never had such a conversation
with Judge Powers"
did you ever write to Judge Ro-
lapp?"
Yes, ] sent him a whip and said
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 Roapps statement that
you had written him is false?"
1T Is"
you want the jury to so understand,
do yOu?"
Yes. I hope ] may not live five min
utes n / am not telling the truth.
Here the defendant raised his right
hand and looked straight at the jury.
Smith was asked II he had not
threatened Judge Powers, Judge Rolapp
and others, and he replied by stating
that Il was all a pack Of lies. political
corruption" and that the parties were
''mallclousy mistaken"