The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-07-06
SHARP WARMING
FROM THEJUDGE
Witnesses in the Smith
Murder Trial Sternly
Admonished.
MRS. TURNER CALLS
MIR, SMITH DOWN.
Tells Attorney to Come Off the
Roof"-Defense Has Bright
Day, Witnesses Testifying
That the Mother Did Not
Cruelty Beat Child-The
Bruises Explained.

Both counsel and prisoner are gratihed
at the evidence that was brought out in
the Smith murder trial In Manchester
yesterday Several incidents OF n start
ling nature occurred during the day. Mrs.
Turner on being cross examined by Mr..
II. NJ. Smith grew angry and said to him:
Don't you worry mc!"
Mr.. Smith. II have no such intention
Mrs. Turner. you had better not
Again when Mr.. Smith had proved from
the record that she had made contradic-
tory. statements she turned, and shaking
her hand at him said:
you come or tho roof"
Mrs. Turner was allowed to stand aside
before Mr.. Smith had concluded MS cx-
animation on account OF her bad health.
She wns the last witness called for the
Commonwealth.
The defense put no less than ten VIII
nesses on the stand during the day. They
were Mr.. Lionel Ashburner. Mrs. Ash
burner. Mrs. Hicks, Mr.. HICKS, M,. W !.
]. Carter, Mr. Jordan, DR.. Frazer smith,
Mr.. Crnll. Mrs. Leigh and DR.. j. Alli-
son Hodges.
Everyone Of these witnesses. wht
had known the Smith family spoke In
praise of Mrs. Smiths treatment OF her
boy Ralph. Mr.. and Mrs. Ashburner told
OF the marriage OF the Smiths In New
York by an Alderman. and stated that
they had been entertained as man ana
wife In their home In Brooklyn some
months before Ralph was born. The date
OF tho marriage was not brought out.
Both Mr.. and Mrs. Ashburner had lived
in the house with the Smith family, and
testified to the caro- and cffccton thal
both mother and father showed the
children The cross-examlnatlont or the
Commemorative Attorney failed TO break
i down their evidence.
In the case OF Mr.. Cr,:!l. DR.. Smith. MI.
Garter and Mr.. Jordan, the Common
wealth did not cross examine.
After recess Mrs Leigh, missionary,
and the wife Of an evangelist. was
nlaccd on the stand by the defense. Her
Testimony was for the most part OF an
expert nature. Several times her an
swers smacked Of "hearsay" and Judge
Clopton warned her threatening 70 me
her. !. -,
answer that way again
Mrs. Light: 81 will cndeavor to obey
you
Judge: You had better madame.
Mrs. Light: II will try to answer as
you wish.''
Judge; "If you do not do as tell you
will send you to jail y
Mr.. II. M. Smith objected vigorously
to the words OF the court in addressing
the witness. He stated that His Honor
had not spoken in that way to the other
female witnesses who had given hcarsay
testimony. and asked that his objection
be noted.
Warns Dr.. Hodges.
When DR.. ]. Allison Hodges was on
tho stand and was being asked an i'm
portant question, Judge clopton said:
..Bc careful what you say In answering
that question, for this case Will be In
the books. and your reputation viii SUI
fer Il you are not careful.
Mr.. Smith objected to the remarks OF
the court stating that the other expert
witnesses had not been warned by His
Honor. and that the warning had ten
dency to injure the witness in the eyes
of the jury.
Judge Clopton then stated that he had
confidence in DR.. Hodges.
There was an air of relief felt on yes
tcrday morning when Mr.. Page was seen
in court, and 1t was known that the
Smith murder case would proceed. Mr..
Page has been quite Ill and still shows
the marks of great suffering. In ad-
dressing the court to- offer thanks for
the Indulgence that he had received, he
took occasion to say that he felt as
sured that he would not ask for any
further delay.
Mrs, Smith, the prisoner, looked better
than she has appeared at any time dur
ing the trial. Roth she and her mother
raised their wells and kept them raised
during the long hours of the examlna-
tions. Sheppard x. Smith, husband OF
the prisoner, was brought down from the
Jail as a witness. but was not called to
the stand 1t Is thought that he will
testify to-day, with perhaps two doctors
three newspaper men and the prisoner
herself. Mr.. II. NJ. Smith stated that
he would conclude the testimony for the
defense by tonight.
The heat In the court room was In.
tense and at one time the thermometer
hanging above Judge Clopton's head reg:
istered 90 degrees. The courthouse was
crowded, and more than once the win.
dows had to be cleared Of the crowd
that climbed in from the green outside.
There was much of the testimony that
was far over the heads of the jurors and
audience. Long medical terms were used
and the Jurors were busy guessing at
what they meant,
II the evidence be all In by tonight
Friday and Saturday will be con-
sumed with instructions and arguing
the case. which will probably go to the
Jury on Saturday night.
3 . . III