Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-03-29

GRO. ping on the land witness was not
aware Of H. Smith was killed about
90 steps from the house where Owen
lived.
Baby Disturbs Court.
During the giving OF testimony by
this witness the little child kept cry
ing In the arms of It's mother. Deputy
Sheriff Ben Dawklns took It a glass
OF water. but this failed TO quiet the
little one. The mother said the baby
was hungry, and Mr.. Dawkins told the
mother to go out and get II something
90 eat The woman said she had no
money, and the officer gave her a
dime. Mrs. Owen returned in a short
time with a bag Of sugar biscuits. and
che little one was much more quiet
thereafter.
Maggie Shaw. colOred. related how
owen came TO her house. told her he
had killed Smith and wanted her to
go mind the body. She was afraid,
but finally went 20 the body, Mr.. Joe
Jones and wife coming TO the body
about ten minutes later. Witness said
owen told her he did not want Mrs.
Newberry 10 come about him. as he
did not want to Kill her.
Mrs. NJ, A. Newberry. an aged white
woman, was sworn; she was the
mother Of r. l. Smith; witness was
I'm Owens house when her son was
killed. was there to see the sick baby.
She did not go to the dead body for
some time. because she was afraid Of
Owen; she went to body later with
Maggie Shaw; Owen and his wife
abused and threatened witness.
Lulu Thompson, white, related about
the same circumstances as Mrs. New.
berry. only she did not go to the dead
body.
Mrs. Mary Long was at Owens
house about a week previous TO the
killing and heard Owen say he was
going TO kin Smith and Afusslewhite,
and expected 20 have il to do at any
time.
Gerard Hammond said Owen was az
his place In Marion county prior 90
the killing In January and said he
had had some trouble up there" and
wanted TO rent a place and move
there; Owen said he expected there
would be trouble when he met two
men. the name OF one Of whom wit
ness remembered as Sapp (Smith's
alias)
The State here rested and the de-
Tense was granted ten minutes in
which 20 confer with their Witnesses.
During the interval the court
sentenced John Collier. indicted for
assault with intent 20 murder and con-
vlcted only Of aggravated assault, 10
three months imprisonment IN the
county Jail.
The Defense.
Matte Owen. wife OF defendant. was
sworn for the defense. Her testimony
was % the effect that she had taken |
the gun 10 the field 20 shoot a hawk !
which had been catching the chick
ems; she leaned the gun against a |
hg tree while she went % get some |
pinders from the crib; Smith came 20 |
the field and she told him % get out: |
he cursed her and struck her with |
a compass. threw rocks az her. etc;
Smith said he was looking for trou-
BILE, and be was used 20 a; her hus-
band was hitehing a horse to do some
blowing; he came up and told Smith
not 10 curse his wife; Smith said.
n will klll you" and made a motion
with hts hand as n TO draw a weapon
owen then picked up the gun which
was near him and shot smith. ThOmp-
son was half a mile or more away
when the shooting was done. Ia fact
he was not near them az any time
When Mrs. Owen lefi the stand her
husband was sworn IN bis own behalf
Tie corroborated bis wife IN an es-
sential details. except that be- said
smith got his pistol, whereas his wife
said Smith made a motion a. n 90
draw a weapon. owen said that when
he shot smith he had reason 20 believe
his own life was In danger, a. well
as that OF his wife