Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-09-12
SMELL CASE.
Resumption Of New Bed
ford Murder Trial.
Respondent Shook When Con-
fronted With Body Of Kirby.
Such the Evidence of Doctor at Satur-
days Session.

New Bedford, Mass. Sept. 11.-Aside
from few answers by Miss Sarah
Sherman which lent spice to the morn
ing session, the testimony of DR.. A, C.
DERRICK of FAN River did most to en-
liVen Saturdays session at the Shell
trial.
Or. Dedrici1 testified that he had been
III the habit of going to Horseneck
beach on outings. AMI was there, last
September ut the time Tillinghast
kirhy's body was found. He arrived
ut HOrseneck between and 6 o'clock
Oh the day the body came ashore, and
WIS staying ut Giffords cottage.
Fhe first l saw of the body" said
DERRICK, was some time after IL
. Jock Ii was in an express wagon
ia Gifford's barn. | communicated
with the medical examiner at Fail
River that night. and saw the body the
next mornIns. Before we went to bed
that night we backed the wagon under
the shed.
Il was in bed V hcn Shell came the
next morning, hut I saw him shortly
after o'clock lie stood midway be-
tween the garden fence anu the barn
with Officer Hodges. There was some
talk as TO the finding of the body and
Mr. klrby's disappearance.
Thr officers told me TINT Smell had
pen searched. | askul Sell If he
knew that Mr.. Hodges WAS an officer.
ami he said he did not. l asked him
II IL wasn't remarkable that he held
up his hands or made no QUERY. whv
didn't lie call for help? He replied
~.
ne vas about. | asked Mr.. Hodges ir
liz told Smell that he was an officer
ana ne said he had not; he laughed and
Sild i was highway robbery
Smell was taken in to breakfast and
me heNt time l saw him was on the
'front.' porch. Mr. Rowland, Il reporter.
was With me and wanted a picture of
smell. asked Officer Hodges about IL
ana he said to ask Smell. Smell said ha
refused to have his photograph taken.
that his mother or brother had one and
we could get that. l asked Smell If bia
photograph was in the rogues' gallery
in Fall River. He replied, if it is there
go and look at it,
Il asked him what he was fined goo
for in the district court to which ID
asked me If | saw it in the papers.
smell said that he was probably the
last men who saw Kirby and that he
gave KIRBY some CLAIMS off Saddle
rock
Mr. Hodges wanted to know If
would 60 out where the body was. Wa
went out into the carriage shed. When
We went in I said: Pretty slick iob
wasn't it. Snell?' Smell said: Il don't
know anything about 1t. gentlemen.
hot
OF the wagon and looked at the body
He said, There's old man Kirby mn
right. amt to
i asked HIM if he recognized, # Nv
the TROUSERS o. nc shirt, and he q, in
10. Then said: Does the blood on
the shirt look the same as il did when
you last saw him?'
Il don't know anything about IT, be
replied
Asked as to Smells cnn,luc. v.,,ou h,
was taken in to view the body. DR..
Dedrirk said that he blanched ,pI
shlvered perceptibly. The witness testi-
led that Smell told him he did not go
near the west side of the neck all day,
Sept. o.
Witness testified that there was a
rope around the neck of the BODY when
he saw it.
AS but five minutes remained before
$50 the hour set for adjournment. Mr..
dubuque did not care to begin his
cross-examnation, which will begin ut
the opening Of court at 1915, Monday
morning.
The first witness Of the afternoon was
William I. Walker. who testified 70
finding KRIS rubber boots on the
south end o, Gooseherry neck one day
during the week after Kirby disap-
leared. The boots We're found lying
about Is feet apart and about two feet
from the water.
John J. Clifford, proprietor of Giffords
cottage, just east of Burden Heads
place, said he had seen Smell frequent
ly at Horseneck. Had seen him go to
the clam house back of the road az
m"uy as 50 times. 1t was In rear of
this clam house that Kirbys pocket
book was found, last spring.
a proposition to organize the school