The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1903-04-02
ON TRIAL FOR HIS LIFE
Brozier Smith Arraigned in
court on Charge OF Murder.

/ There was a succession of sur
/ prisos In the district court room for
few minutes late yesterday after
noon. Immediately after the court
overruled the motion to have the
indictment against Brozier Smith
drawn to serve on the grand jury
that indicted him, Attorney Gill
filed a similar motion to have quash-
ed the special venire OF forty men
drawn from which to select a jury.
This motion was likewise overruled,
after considerable time had been
spent in going over practically the
same testimony that was intro
duced while the arst motion was be-
fore the court.
The greatest surprise of all, how
ever, was when the defendant was
arraigned and the indictment read
by Assistant County Attorney Nc
| Rae. When the court asked him If
he entered plea of guilty or not
z - :
the members of she court and the
spectators by entering a plea of
guilty. The negro's attorney then
asked the court not TO accept the
plea Of his client and to allow him
to enter a plea of not guilty. This
request was granted by the court =,
but the defendant persisted In bis
plea being entered on the docket
Mr.. GIL then withdrew from the
case and Attorney e. ST. Supple
was appointed By the court TO as
! sist the prisoner In selecting Jury.
After short consultation with the
defendant Mr.. Supple announced
to the court that he wanted to with
draw his plea and again enter a plea
OF not guilty. For the second time
this request was granted. Mr. GU
was prev allied upon to take the case
again, and the work Of making up
the jury was commenced. Only
tour jurors were secured out OF the
special venire of forty men and late
last night the jury was completed
from the regular jury list. The fol-
lowing twelve good and true citizens
of Ellis county will decide the fate
of BROKER Smith
]. r. Wilson, w. X. Alsup, w.
] Hamilton, @. W. Martin, J. b.
Robertson, r. A. Howard, J. B.
Mercer, J. f. Quinley, J. J. Me
Quattsrs, II. ID. Harris, A. O.
Fudge, q, @. Smith,
When court convened this morn
ing the witnesses, about twelve or
fifteen in number, were sworn in
and the work OF taking testimony
was commenced. All the witnesses
put on the stand testified Ia behalf
Of the state, the testimony on di-
rect examination being in part as
follows:
BeulAh Johnson, colored, was the
first witnesa placed on the stand.
Under oath she said.
| ! live In Waxahachie; know
Brozier Smith and knew Sarah
Smith; Sarah Smith Is dead: she
was killed one night about one
month ago; she had been to the
show on the night of the killing;
the show was at the opera house; /
was at opera house with her; Allie
and Gertrude Dixon were al so there;
saw Broker at show; he did not 90
or come with Sarah; Sarah lived in
a servant house at Mr. Kemble's;
Mr.. kemble lives on College street;
the servant house was a small
roorni the fast tiurs saw her alive
vas at Mr.. Kemble's front gate;
shs went to my room at the rear of
MF. DuBose's house; went to my
room at the rear Of Mr.. DuBose's.
1 was passing near Sarahs house
when l heard her and Brozier fuss
ing; heard the shooting; was close
to the window; could not see inside
the house; heard three shots fred: