The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-04-21
Surprising Action Came This
Afternoon When One Wit
ness Had Been Placed on
Stand and Examined.
CASE is DEVOID OF IN
TERESTiNG TESTIMONY.
But Little to Attract the
Crowd Which Is Attending
The Hearing of the Case
One Witness Ratified.

The announcement was made after
the examination of one witness in the
Smith-Naughan case, that the
defense rested its case. This was
a grtat surprise to the plaintiff.
Messrs. johnson and Robbins asked
for time in which TO examine witness
es. They stated they had subpOenaed
witness for hearing tomorrow upon the
understanding that the defense would
not rest before tomorrow noon The
deputy sheriff had gone to Fountain
City to subpoena Witnesses and the
sheriff was notified to get in communi-
cation with him and notify him as to
the change in plans. These witnesses
We're to be used for rebuLtal purposes.
The jury was ordered to retire from
the court room pending the delay and
while attorneys parleyed. The jury
was we'll pleased by the turn in affairs
as it means the completion of the case
sooner than had been anticipated. 1t
had been predicted the conclusion
would not come before Saturday.
Theodore Mcclellan, laundryman,.
was the first witness placed on the
stand by the defense this afternoon.
His place of business is almost directly
beneath the rooms formerly occupied
by Mrs Smith. In examining Mr.. Nc
Clellan. Mr. Study spoke of Mrs.
Smith as the "Would-be Mrs. Vaughan"
Mr.. Mcclellan said Mrs. Smith called
Mr Vaughan number of times in the
evening He said he had seen Major
Lacey stop in front Of Mrs. Smiths,
but had not seen him go up to her
rooms The plaintiff waived the right
to cross-examine.
There was but little to interest the
crowd at the Smith-Vaughan trial this
morning, and ii realized it was almost
entirely absent Miss Emma BOde.
housekeeper for Mr.. Vaughan, whose
name has been mentioned a number of
times since the beginning of the trial
was the pricipal witness placed upon
the stand by the defense. A little life
was put into court proceedings during
the hearing of o. c. Krone. the North
Ninth street merchant tailor. He ap-
peared TO he confused and the attOr-
neys had difficulty in making him un-
derstand the nature of the questions.
He had been called by the defendant
in the effort to prove he had requested
Mrs. Smith to desist from the use of
his telephone Mr.. Krone denied any
such understanding.
When court adjourned for the noon
recess, it looked as if the defense
would undertake to bring the examina-
tion of its witnesses to a close as rap
idly as possible. The complaints
entry docket from the office of the
clerk. The latter was pre-
sented in the effort to substantiate the
evidence of Mr.. Vaughan to the effect
Mayberry Lacey had a suit against the
as he had referred to yesterday. |
The court sustained the objection to
the presentation of this evidence.
Leroy f. Brown, manager of the
Home Telephone company, was the
first witness placed upon the stand by
the defense. Mr.. Brown stated Mr..
Vaughan was a subscriber of his COM
pany. He was asked if a charge was
made against his phone for telephone
service to Muncie in 1904, 19D5 or
1906. He replied there was not"
Mr.. Brown cited the record of his com
pany. which failed 10 show any, long
distance charges against Mr.. Vaughans
phone.
William A. Bondsthe attorney. said
he was acquainted with Mavberry La
cey. Asked if he held in 1903. 1904. /
l90,,. l!Es; claim of Mr.. Lacey's .
against the county. MIR, Robbins Oh !
lection was sustained. This was the !
only question asked Mr., Bond
Miss Emma Bode, p househeeper 4.
for Mr.. Vaughan. said she was ac-
luainted with Sol Miller and remem- !.
oered the occasion of his death The
witness told of the trip of Mr. Vaughan .
and friends 10 Kentucky in May, She =
said she remembered the date because /
Mr. Vaughan brought her souvenirs. :
She told also Of the visits of Mr., /
Vaughan to Chicago in 1905.
Was Not at Home.
She stated Mrs. Smith called up Mr.. |
Vaughan's residence by telephone very T,
often. Witness said she most al /
ways told Mrs. Smith Mr. Vaughan was .
not at home although he was sitting .
in the room al the time
On cross-examination Miss Bode was .
asked concerning the dates of the