The Montgomery advertiser., 1905-05-03
FATE OF HARVEY SMITH
(Continued from Page One.)

Continued from Page One.)
 The witness testied to the arrest of the two Baleys. Grigsby, Collier and Binford for rape. V Tn the cross examination of MT. Lance, Mir Lynn asked: eff John Col Her and Harvey Smith are convicted of murder, do you expect to get portion of the reward?"
 q object" said Solicitor Almon.
 objection overruled." said Judge Speake.
 The witness evaded the question for some time, but finally admitted he ex- pected a part of the reward. On re-cross examination. Solicitor AL mon brought out the fact that MT. Lance had been paid $40 day by the city government of New Decatur for
 working up evidence against the mur- derers of Miss Bloodworth.
 With the fretirement of MT. Lance from the witness stand, Solicitor AL mon announced that the State would close.
 Lance for Defense. MT Lance was again summoned to the stand. this time ias the first witness for the defense. MT. Lance was ques- toned by Mir. Lynn, counsel for the de- fense, as to conversations he had with witnesses for the defense when he served subpoenas on them for the court The line of questions was evil dently thrown out to intimate that MT. Lance had tried to pick the wit
 nesses, to see what they knew for the defense.
 The court then adjourned for dinner. When the afternoon session began Lacy Smith, the son of the prisoner. was called to the stand by the attor- neys for the defense to offset some of the damaging testimony he gave the first day against his father.
 He said he was mistaken when he said his father did not get home until II o'clock on the night Miss Blood worth was murdered. He now thought 1t was about o'clock. but his father came in running and out of breath.
 Sam Griggsby. a frightened young negro, said he had never told anybody anything until after he had been ar rested and put in jail.
 Henry Bailey made similar state ment on the witness stand. Henry Bailey, Sr., the father of the last witness, swore that Harvey Smith came to the house of Anna Martin at
 o'clock on the night Miss Bloodworth was murdered and remained till about II o'clock. He brought two quarts of whiskey that he wanted Francis Rob- inson to carry home to his people in Tennessee. Bailey was the first of the negro alibi witnesses brought out by the defense.
 "Francis is Harvey Smiths wife,
 isn't she?" asked Solicitor Almon.
 "She used to be, but Rachel Martin
 is his wife now" replied the witness. On his cross-examiuation, Solicitor Almon asked in detail about a prayer meeting held at the house of the wit ness at the request of Harvey Smith the Sunday night following the murder. Francis Robinson was called to the stand, but the Solicitor objected, de- claring that she was the wife of liar vey Smith and could not testify, while there was some doubt about the mar riage. The objection was sustained. Worked at oil MIIl. Carl Schlich, cashier of the oil mills, testified that Harvey Smith worked a half day at the oil mills the Sunday following the crime. He was not at work in the mills the night of the mur- der. Bill Ellison, a negro, who said | he had been a member of the police 1 force of New Decatur, swore that he was present when Harvey Smith was examined the Sunday following the murder regarding evidence connecting him with the crime. With this the defence announced that 1t was through with its case. The opening argument for the pro- secution was made by w. D. Lowe, late member of the Constitutional Con- vention, but now a prosecuting attor- ney of New Decatur.
 "There is no middle ground in this case" declared Mir. Lowe. The pris- oner is guilty of d horrible murder and should be hanged. or he is innocent and undeserving of punishment. The sc- verest penalty the law can infiict is none too severe for the perpetrator of this awful crime"
 He followed the evidence, picturing Harvey Smith listening as Miss Blood worth told her mother over the phone that she would be home shortly, and, again, standing at the mouth of the al- ley watching for the coming of their innocent victim. He showed Harvey Smith reaching home nervous and breathless, and telling his son that they were going away from Decatur.
 Without attempting to play upon the pFejudices of the jury, Mir. Lowe went deep into the evidence. and asserted that it pointed clearly and distinctly to the guilt of the prisoner. He wrap ped this thought in eloquent language and sent it out with telling force as the peroratfon of his argument.
 The result was an outburst of cheers from the crowded court room Judge Speake rapped for order, saying. MT. Sheriff, bring those men responsible for the disorder before me-" but the sheriff could not locate the guilty par ties.
 '"The horror of the crime" declared W. L. Sample in opening his argument for the prisoner. had been dangled be- fore the eyes of the jury. The jury. in determining the guilt or inno- cence of the prisoner. had nothing to do with the horror of the crime. When he was appointed to defend the pris- oner he thought the case was that of the State of Alabama against Harvey Smith. He had come to believe thnt tho whole case was whether Jake Lance should collect the big reward. He de-