The Montgomery advertiser., 1905-11-23

ness said that he left the white boys and went down the track where he met Vance Glrner He sent Vance to the still house for a pint of whiskey and while they were drinking the whiskey they heard woman scream. She didn't say anythilg,"s said the witness,
 "she just screamed all of a sudden, like she was scared" tS Saw and Heard Nothing. Vance left the witness saying that 1t might be his sister. The witness again met Whitmore and the two Smith boys. He borrowed cigarette and went on down the railroad past the scene of the crime, and probably during the time it was being commit ted He swore. though. that he heard nothing and saw nothing as he passed. Shortly after he passed Vance Garner overlook the witness. who asked him what the screaming was about. Gar ner said that Jack Hunter had some white woman in the woods and was trying to shove a shawl or towel in her mouth. Vance said he left when he saw what Jack Hunter was engag- ed In.
 Richardson vas the only witness in- troduced for the defense.
 In rebuttal. tho State presented J. Y. Mabin, CharlieAParks and Lucy Mayo, who denied certain portions of the tes- timony of Bunk Richardson.
 With this evidence. the case was closed, but for the arguments.
 In urging the jury to decide for the death penalty, Solicitor Martin said that there could be no other opinion but that the death of Mrs. Smith was murder in the first degree; but that it was even worse than that. for a hein- ous assault had been committed, and MT. Martin took up the evidence piece by piece and fitted 1t into one whole, which showed beyond doubt. MT. Mar tin said. that Vance Garner was there when the crime was committed; that he was not only there, but he aided and abetted in the murder
 John Mayo had seen him, Will John son, Jack Hunter and Bunk Richardson togethtr in the early part of the night, and he had seen them separated, two going one way and two another. Bunk Richardson went to Crap Shooters HILL" where he saw and talked with the Smith boys.
 Seen on RaiIroad Track.
 A little later Vance Garner and Jack Hunter were standing on the railroad track talking to the young white men. Adams and Shuff, when Mrs. Smith appeared and said, Don't think hard of me for being out so late; but can't find them. and I'll have to so home without them. And one of those white boys asked, said Solicitor Martin. who Is that?" Vance Garner said, That's Mrs. Smith: don't speak to her or she'll have you arrested"
 "oh, he knew who 1t was," said the speaker. "A hunt was going on ther in the dark, and Vance Garner and Jack Hunter knew that the quarry had passed. They knew where Mrs. Smiths boys were, for Lucy Mayo swore Bunk Richardson hald told Smith where her children were? No. Vance Garner says don't speak to her or in other words don't break up the game. Don't say anything that may arouse her suspicious. And when she went on they faced about, left the white boys and followed her into tho darkness Fs,
 In presenting the side of the defense to the jury MT. Henderson declared that the State had utterly failed to show direct connection between the de- fendant and the, crime.
 He may have passed there while the crime was being committed but every statement alleged to have been made by the defendant, every statement made by witnesses for the defense showed that he had c:.ly passed by and had no part in the crime, taking at its face value the testimony given by witness for the State.
 MT. Henderson thought it quite remarkable that young Adams and young Snuff could remember exactly what the two negroes, Garner and Hunter had said about Mrs. Smith, but they could not recall a single other word said that night on the railroad track, although they had talked quite while. In passing upon the evidence bearing upon Gamers efforts to get Hunter to leave, the jury. said MT. of conduct held by negroes. which, un- fortunately for them, encouraged one negro to keep another away from the law. This should be considered, and he said, and it should be considered. too, that the man Vance Garner wanted to get out of the way of the law was his cousin.
 An Instructive and searching charge was given the jury by Judge Disque. Trial of Johnston On. The jury had scarcely retired before the work of selecting the jury for the trial of the third prisoner, Will John ston was begun, Within two hours, the jury had ben found. the indictments read and the firss witness, Dr. A. w. Rawls, was on the stand.
 For the third time pr. Rawls de- scribed the condition of Mrs. Smith s
 body the Sunday morning after the | murder. The body was on its back the head lying down hill with the hair thrown out behind. the knees deflec- ted. Her clothing was disarranged and her stockings and one shoe had
 been torn of. Her death had been caused by a broken neck.
 Doctor Rawls said he could not say with conviction that she had been
 criminaIIy assaulted and gave his req l sons for the statement
 The map of the scene of the crime | drawn by J. W. Hammond the min ing man as evidence in the trials of Hunter and Garner still remained on the oil cloth floor and Mr. Hammond Itook the stand to explain Its points. l He described the body when found
 told of the evidence of a struggle on
 the bridle path and the mark which l showed that the body had been dragged down the hill through bushes for a hundred or a one hundred and twenty | five feet.