The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-07-02
Mrs. Smiths Neighbor
and Friend Tells a
Horrible Story.
SHE TALKED LIKE
SHE HATED HIM"
Mrs. Lum Testified That Prisoner
Said tc. Her, Il Expect l Will
Be the Death Of Him.
Mrs. Turner Taken
III on Witness
Stand. II

The NTH day OF the trial OF Mrs. Es-
teHe Smith closed with, darker outlook
for the prisoner than has been noticeable
at any time during the proceedings.
E Heretofore, the witnesses who have been
put on for the prosecution and who have
testified to the alleged brutality shown by
Mrs. Smith towards the child. had given
their evidence with apparent unfriendli-
ness to the accused. 5:;: on yesterday
the testimony OF Mrs. j. NJ. Lun. the
friend Of the family. was By far the most
damaging that has yet been brought out.
Mrs. Lum spoke In quiet. temperate
manner. and 1t was evident that she
weighed every word she uttered. Tho
cross-examination OF Messrs. Smith and
Wells failed TO break down her evidence.
Mrs. Lum was the most intimate friend
that the prisoner had IN Manchester. and
1t WAS to her that Mrs. Smith sent for
help on the night OF the tragedy. This
same, good lady cared for Carroll Smith
when his unhappy mother was taken TO
Jail. and Vas II second mother to the
small boy until he was taken to Column
bia by Mrs. Ashburner. b
Mrs. Lum testified that she had exam
incd the child's body on the night Of his
death, and that she discovered three
mn,ks over his heart which appeared to
her to have been made with the heel Of
a shoe. She stated that she observed 4
the marks OF the nails in the heel. She 4
testified that she had seen a bloody
child's handkerchief in the wash OF Mrs.
Smith. and she also stated the mother
treated the child badly.
Mr.. Pagc asked her this question: ibid
she ever speak to you Of his death be-
fore he dled7"
Mrs. Lum: She said she expected that
she would be the death Of him. She
made this remark twice. She told me .hs
about two weeks before his de ath."
Mr.. Page: what was Mrs. Smiths
manner when she spoke Of the child"
Mrs. Lum: "She talked like she hated
him,
ON crogs- examination Mr.. II. NJ. Smith
got Mrs. Lum to say one thing at least
which will greatly help the defense in
Its attempt to prove insanity. II that
course should be pursued.
Mr.. II. NJ. Smith: Don't you know that
Mrs. Smith was quite sick for two weeks
before the child dicd?''
Mrs. Lum: Yes. sir
Talked With Minister.
The court was opened in the usual man
ncr, and the prisoner entered with her
mother and brother. Before her appear
ance in court she had talked for q half
hour with Rev. Mr.. Dennis. who accom-
panied her into the courtroom and sat
behind the counsel for the defense. Mr.
Henry Lee Valentine occupied his ac-8
custoned seat by. DR.. Townsend Early
in the proceedings Judge Clopton sent for
medicine for Juror Moore, OF Chesterfield
county, who was suffering severely with
pains and a bad cold. Soon after this
delay Mr.. Page asked to be allowed to
retire on account Of ndisposition. He
rested for fifteen minutes and returned
to his place In court Later still Mrs.
Turner a witness, while on the stand,
asked the court to allow her to retire,
rs she felt as though she were about to
faint Mrs. Turner, whose husband late
ly died. and who was dressed In deep
mourning. was taken into the Judges
room. where physician attended her
Judge Clopton then adjourned court until
$3.50 o'clock.
During the morning session Bertha
Turner, the small girl who confessed on
yesterday that she had deceived counsel
for the defense. Mrs Lum and Mrs.
Turner were examined. Mrs. Turner had
not finished her testimony when she was
taken III, In fact she had not been cross
examined, and. therefore,, her testimony
is not complete. She testified that the
child was very fond of her. and that
she would have given anything in rea-
son to have adopted him. The most
damaging statement she made was as
follows:
She Mrs. SMITH said: II have got
one too many children now and / don't
know how to get rid of It."
After recess, Mr.. Page announced that
Mrs Turner was too III to appear In
court, and that she had been taken to
her home. II Will conclude Mrs. Turner's
testimonyison Monday and as ! am now
convinced will not call any other witt
ness for the Commonwealth" said Mir.
Page
Judge clopton then adjourned court UNI
til Monday morning at 10 O'Clock.
Will They Stick It Out?
Mr.. PAGE was asked what would the
court do II he (Mr. Page were taken
ILL., He replied that there was no rea-
son to suppose that he would not be
able try the case. He stated that IL he
| did become III. the Judge would prob
ably continue the case from day to day
until he was able 10 appear. II a Juror
became ILL this same procedure would
probably be practiced, although undar
one statute, the judge could call n new
juror and begin taking evidence as though
| the trial had just commenced. Hi
When asked III he would make q long
address to the Jury, he said; II am n
! long talker ana don't stop until SEQ
| half the Jury asleep and the other half
| looking bored"
Mr.. TT. NJ. Smith stated when asked
| how much longer he thought the trial
would continue. said: II think 1t vii. take
possibly two days to get through with,
our Witnesses. ! shall probably not speak
very long, /" Il
The court Will not sit on Tuesday, that
day being the Fourth Of July So 1t Is