Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-03-30

He saw Robinson on the night OF the
murder Of Smith; he had "sideburn"
whiskers snd light mustache; Midgets
had no beard; both men early 10 the
night had visited the public house in
which witness was employed sud pur-
chassd refreshments; Midgets Vas taller
than Robinson.
Midgets wS made to sppesr before
the jury in order that they might In
spect his face to see if he was capable Of
raising ''sideburns. Midgets said he
had not been shaved since the first of
March.
Wash. Jackson was recalled to testify
concerning the condition Of the fsces
Of Robinson and Midgets previous TO
the killing. His testimony was substan-
TALLY that of the previous witnessed
Midgets grew no beard, but Robinson
wore "sideburns" snd light mustscbe,
Officer Ferguson again took the stand.
BE told of Bradley and Meeks accom-.
panying him in the search for the negro
who had killed Smith; Meeks made no
report to him Of seeing a man looking
through @ ience.
Officer Nicholson followed. His tes-
timony was in reference to the search
for the fugitive. Meeks had made no
report of q man hiding behind fence.
Harric H. Simpson was next put on
the stand. Witness vas one of the party
that accompanied Officer Nicholson In
the search and heard Meeks tell Chief
Goods of seeing man behind fence
Chief Goods followed. He testified
that Meeks had reported TO him that he
had seen a man behind q fence. The
chief told of the directions he and the
officers took In searching for the NUT
derer; witness had charge Of the officers
who went into West End.
George W. Rogers took the stand and
teatifi d that Meeks had come from the
vicinity of Spring Park on the night Of
the murder and told crowd which was
near the scene of the murder that he
had seen g colored man behind q fence
who had spoken to him.
Richard G. Burnett was next called.
Witness said he was acquainted with
Robinson and Midgets. Robinson wore
''sideburns," but no moustache; Mid
gets had a moustache OF about three
weeks growth; both were In his saloon
half an hour before the shooting.
City Sergeant Cox took the srand aud
recited the substance OF a conversation
he had had with James Bradley, one Of
the witnesses, previous to the trial.
Walter Cation followed, he saw John
son 10 the tent aud said he saw both
men shortly before the shooting; both,
according to the witness, hsd eide
burns
This was the last witness examined,
and the jury retired while the instrnc-
tions to the jury we're being prepared.
Commemorative Attorney Brent and
Mcssra. Brumback and Smith then sub
mittsd their respective instructions to
the jury.
The court granted instructions that il
from the evidences a felony had been
committed by the prisoner upon A. j.
Nicholson, and If Charles 7. Smith had
reason to know of the offense he had a
right to spprehend said Midgets without
warrant. The court described the
various degrees Of murder and instructed
the jury that mortal wound given with
q deadly weapon without any. or upon
very slight provocatiop, is prims facie
wilfull and premeditated, ard If the
jury believes from the evidence that the
prisoner killed Smith without justitica.
ton or excuse, the law implies malice.
The court instructed the jury that the
law presumes every person charged with
crime to be innocent until such per-
cons guilt Is established by the Com
monwealth.
At 1910 Mr. Brent started his address
70 the Jury. BE dwelt at some length
on the three bats that have figured in
the trial. Mr.. Brent called attention to
the fact that the two hats identified as
belonging to Midgets we're No. 7 and the
hat identified as Robinson's was No. u
and that 1t was No. Z hat that was
dropped by The man who shot Smith.
In reviewing the evidence from the
Commonwealth standpoint Mr. Brent
referred to Policeman Garvey as a coura-
geons officer and absolutely truthful.
he contended that the mere remark Of
Garyey to Smith, "COme on Charlie"
was sufficient 10 constitute Smith dep
utized officer.
At l:20 p. m. court look recess I'M
Ill 2 O'Clock.
When court recOlyened shortly after
2 o'clock Mr.. Brumback made the open
ing argument for the defense. lie said
he hsd no theories about the case, but
would recits briefly the facts Rdduced
during the trial and asked the jury 10
iudge the prisoner from facts alone.
DIR. Brumbsck stated that 1t Was adj
mitted that Midgets returned to Alexan-
dria the evening following the shoot
Ing, and he did not believe that he
would have done so il he had been
guilty of the murder Of Smith,
Mr.. Brumback made an impassioned
appeal to the jury to be not swayed BY
public sentiment, bnt to weigh carefully
the evidencs before returning a verdict.
Dir. Brumbaek spoke about three
quarters of 40 hour and was followed by
bir. Smith, for the defense, who review
ed the evidence In detail.
At $3.50 o'clock Mr.. Smith closed and
Mr. Brent started the closing argument.
Mr.. Brent objected to statement by
''Mr. Smith to the effect that some color
ed people can tell the truth hs sell as
Il 1ao~l. n.H anr.al ter.oa k.lk&ns ,