The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-06-28

4 . H.FH
,,nder his care for some time and an an,
intimacy has grown up between the I've
families W. Il
Prisoner Enters.
Promptly as the clock struck 10 Judge
clopton entered the Cooperation 'so .. IS.
os Manchester and took his seat upon
tho bench. AZ.
Mrs, smith entered. escorted by MI.
wells, ona az l,er counsel and Deputy Ser
geant Martin.
she was dressed entirely in black from
her well made hat to the low atartcreo
shoes that She wore. Black gloves GOV.
cred her hands, and short pnt ilea s.,
hjacit veil concealed her features. she
shno,. hands with Mr.. ii. NJ. Smith. her
sn,,ior jtso,,nsc), aud took a chair just be-
hind HIS scat, .,.,.g
tikepan nanlmate thing shat sat With
,,,,,or Il movement OF hand or FOOT. MOI
i word did sho say8to friend or Zoe. a'N.
seemingly what went Oh around her Was s
10 l,ct OF no moment. The opening Oh ~, ..ne
@,tia, WAS marked, rs predicted by Inc
,ri,nrs4 Ioispntch of yesterday, by two sep.
as,atc occurrcnces--tirst, the striving Oh
counsel Tor the defense to secure = cor;
,;nuance on the ground that the court
had kent members of the medical prAss-
sion from making all examination OF the
n,isoner for her benefit. and second, the
unsuccessful attempt of the court 10 Sc
ciirc jury from Manchester Vehi,es.
e Almost before the sound of Sergeant
saunders's voice had died away az ne
oncned court. Mr.. II. NJ. Smith. OF conn-
ca, far Tho defense, was upon MS iee.
isl.ing for continuance. me moti y.
vos denied and Attorneys II. M. SMITH
and %. II. Wells filed exceptions to Juose
Cloptons ruliag. rs follows;
BE II further remembered that, on . .i.s,
49,
Far the trial of said felony case, ri. M.
smith. Jr.. and e. II. Wells, attorneys
4, law. counsel for said prisoner, moved
INC court for a continuance of said case
,,non the ground that they had been pre-
vented from properly preparing lhel eli uet
tense by the action or the SAID court as
set out in the above correspondence. anu
he said H. NJ. Smith, Jr, and y. n !.
welis also filed the following atldaNlt
in support OF their said motion.
The undersigned. II. NJ Smith, Jr., ana
u. IA, Wells. attorneys for Mrs, Estelie
smith, Indicted for felony in the Cor
poration Court. OF Manchester. respect
fni,y certify that they arc not now ready
far trial and are compelled to and DO
move for a continuance. and this By rea-
son of the refusal or said court to per-
nit their client to confer with physt-
clans except under conditions, which they
believe and are advised byreputab.e phy-
scians made such conference impractical
and useless, They further state that TINS
examination and conference related to a
material part OF the defense of their
client, and without such witnesses fuzzy
repared after such examination and con-
ference to testify. they cannot safely go
+ to trial. lt3
they cannot safely go to trial.
They further certify that they had good
reason to believe, and do now believe,
thar such examination would have result
ed in securing material and necessary
testimony for their client's defense. anu
that If The case is continued for rea-
sonable time and the court removes the
restrictions contained in its previous order
and permits their client to confer freely
with her witnesses, subject always to
such conditions as are necessary for the
proper discipline OF the jail, they believe.
that 1t will result in their client having
valuable and material testimony for her
defense and that. without such contin-a
uance, she has no such testimony and
cannot procure it during the progress
crsthe trial.
They further certify that the: yreas son
they made no further reply or effort along
the lines of Judge Clonton's letter OF y une
18th, was because they understood this
letter called for their grounds of defense.
which they Believed and now believe they
weresnot Obliged to disclose.
<signedl II. M. SMITH, .JR..
(sgncd e. II. WELLS.
Subscribed and sworn TO before me, II.
Z. Duval, clerk of the Corporation Court
OF the city OF Manchester, this eth day
of June, 1905.
(Signed) IL E. nuNAL, Clerk.
Call for Witnesses.
Mr.. II. NJ. Smith then moved that the
Commemorative attorney be required to
furnish the defense with a list of all
witnesses that had been examined before
the grand jury. and also all witnesses
That are to be examined in the trial Of
the prisoner before the petit jury.
Counsel for the defense had prepared
exceptions, thinking that this motion
might be denied, but Judge Clopton read
ily granted the motion and ordered a
list of witnesses TO be prepared for Mrs,
Smiths counsel.
Mr.. II. NJ S.Lt1i then moved 10 quasl.
the proceedings .-befoi'e tho grand jury
strong net OF the law spread out to en-
writ. The motion was overrnled.
Mr.. II. NJ. Smith moved to quash the
proceeding summcning the venire for the
same reasons
The motion was oyerruled, and at 1880
o'clock the vcnire was called.
NOT Gullty
Clerk DuVal arose to read the indict-
ment. lie said:
prisoner. stand up
Mrs. Smith arose and came to the front
OF the bar. Leaning both hands on tho
railing with the veil still covering hei
face, sho stood without a tremor for sis
long minutes, while Clerk DuNal reat
tho paper which described In all it.
awful, hidedus details tho death OF Ralph
Smith. NOD u bruisc or blow was lief
unsaid, not n loophole was left in III
strong net OF The law spread out to en-
snare the guilty.
What say you: are you guilty or no
suilty?" asked the clerk.
Before Mrs. Smith could answer he
senior counsel was OF his feet making
motion that the indictment be quashe
by reason of errors on It's face.
The motion Was denied and excoptio
was taken.
Again the clerk asked.
What say YOU; are sou guilty or nc
4 E.