The Columbus weekly dispatch., 1909-01-28

The second preliminary trldl 81
| Chas r. Smith, who shot and killed
E A. Laurent at Artesia on the after
noon of January 18th, occurred be
Ifore Justice of the Peace Beverly Mat
thews and Mayor E. S. Donnell at the
courthouse in this city last Wednes-
day afternoon, and as result of the
investigation Mr.. Smith was commit
ted to jail without bail to await the
action of the grand jury.
1t will be remembered that Mr.
Smith was tried before Justice of the
Peace ]. V. Mitchell at Artesia on
the day following the shooting, and
was admitted to bail in the sum OF
$4,000. It seems, however, that un-
der the laws of Mississippi man
charged with murder, even though he
may have been liberated on bail by
one justice of the peace, can, as soon
as he enters within the jurisdiction
of another magistrate in the same
county, be rearrested and tried again
on the same charge. Artesia and
Columbus, while in the same county,
are in separate districts. and when
Mr.. Smith came to this city last Tues
day he was rearrested on a warrant
sworn out before Justice Matthews by
]. S. Laurent, a brother Of his vic
tim, and the trial set for Wednesday.
The State was represented by
Messrs. Belts and Sturdivant of this
city and Mr.. X T. McConnico of
Nashville and the defendant by Hon.
Z. P. Landrum of the local bar, who
opened proceedings with a motion to
postpone the hearing until Friday.
The motion was opposed by the State,
Mr.. McConnico having made a bril-
liant speech in opposition and the
motion was overrulea by the court.
DR.. Edward Lehmberg, a practic-
ing physician at Artesia; J. C. Gra-
ham, a Mobile & Ohio Railroad con
ductor, and w. A. Rogers, carpen-
ter employed by the same road, de-
scribed the killing IL detail, all three
of the men having agreed that Lau-
=
been given a chance for his life.
Mr.. Smith was placed on the stand
in his own behalf, and began his tes-
tlmony with the declaration that he
shot Mr.. Laurent because he had Sc
duced his daughter He then pro-
ceeded to describe the killing, declar-
ing that Laurent was facing him
when the first shot was fired, but
fell on his face, and that he then
fired two more shots, both of which
found Judgement in the head of the
dead man, having entered from the
rear
The cross examination of Mr..
Smith. which was conducted by Mr..
McConn1co, was devoted largely to
the alleged seduction of his daughter.
Mr. Smith stated that Laurent had
visited his home only upon one oe-
sasion, which was last June. Miss
1et1tia King of Florence, Ala, was
/ guest at the hone at that time. !
md Mr.. Smith startled every one in |
he court room by making the asser-
ion that he believed Miss King went |
o his home for the purpose of bring
ng about the seduction OF his daugh- |
er by Laurent. Smith stated that |
lis daughter was taken sick early last
ummer, and in August went to Mo
he was sick when she returned, and
ater came to an infirmary in this city.
mith said that his suspicious were
reused and that when he questioned
is daughter closely she admitted
hat Laurent had ruined her. He
aid his daughter was treated in Mo-
lie, but could not recall the name
the attending physician. He de-
Jared that DR.. Edward Lehmberg of
rtesia treated her in connection with
er alleged condition, but when
laced on the stand DR.. Lehmberg
enied this. declaring that the only |
-ouble for which he ever treated !;
Liss Smith was an eruption of the !
kin.
Mr.. Smith was asked Mr. McCon- I
leo where his daughter was, and was !
I'D that she was not in the city. {
lquiry developed the fact that she
ad been in Columbus until the after !
oon of the trial, having started for s
ar home near Artesia at $40 p. N. t
r. McConnico asked that subpoena I
sturnable instanter be issued, and |
iss Smith was intercepted at Arte- I