The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-11-20
HIRAM SMBDLBY'S
FATE RESTS In
HANDS 0P JURY
Case Was Given to Jury at
Noon Today After Arsu.
meats OF Counsel.
Defense Relied on Insanity
Witnesses.
WITHHOLDING LICENSE MONEY

The fate of Hiram Smedley. who
was tried for embezzlement of pub.
lie funds, is In the hands of the Jury
this afternoon.
The jury went to its room at /
O'Clock to consider the evidence.
The term of Imprisonment for
conviction is from one to ten years
in the penitentiary.
All other cases against Smedley
are continued until the February
term.
Evidence Finished.
Practically all the evidence was
finished yesterday afternoon with the
exception OF tbs testimony oil a few
doctors Two distinct cases we're
presented whereby Smedley Is &C.
cused of defrauding the state out OF
money. One was the Issuance of a
saloon license to G. w. Edwards In
1907 The original license with the
number "39" reads for the saloon
license which costs $500 while the
duplicate license with number 49,
which was sent to the state auditor S
office, stated that the license had
been Issued TO l.. T. Gilbert for
standing a bull, for which the license
fee is 81. Another instance was for
the year 1908, when a receipt from
Smedley was exhibited by G.. w. Ed
wards for which he paid 5000 for a
saloon license. Mr.. Edwards stated
Smedley told him he was out of
blanks. and would issue II when he
received a supply II was shown by
records that the money never reached
the state auditor.
After the conclusion OF the testi-
mony of Miss Lizzie Burlington, dep
luty county court clerk. yesterday
afternoon the defense moved to ex-
clude her testimony which Judge
Reed overru.ed. Miss Burlington was
on the witness stand practically all
day
G.. w. Edwards testified that he
got the license in 1907 for which the
duplicate was made to read for an
other license. He also identified the
receipt as the one Smedley gave him
instead of the license.
Will NJ Husbands, revenue agent,
testified that he had talks with Mr..
Smedley about his back tax shortage,
and said Mr. Smedley admitted to
him that he owed about $3.50 to the
state. He also Identified list of
people who had paid given to him by
MI. Smedley.
Charles n. Provence. a clerk In the
state auditors Office, testified that
the money for the liquor license of
G.. w. Edwards for 1907 was not sent
TO the auditors office. and that the
money for the 1908 license was not
received. He exhibited the reports
made by Smedley. which did not in
clude the money for the liquor
licenses
County Attorney Alben W. Bark
ley told of how Mr.. Smedley admitted
he had failed to pay $1OS4 to the
state for back taxes, and exhibited a
list Of property owners. from which
Smedley said he collected the tax.
Smesilcy's Mental Condition.
The prosecution closed at aga
o'clock and the first witness for the
defense was Miss Jude Smedley. a
half-sister of the defendant She
said that his mental condition had not
been normal for several years and
that she had noticed he was untruth-
full DR. J. T. Reddck testified that
the excessive and persistent use OF
morphine would make the mind un-
reliable, untruthful and irresponsible
Or S. II. Winstead was introduced
aud testified that he sold Smedley a
tablet containing several drugs
Judge Reed refused to allow testi-
mony concerning the Smedley lunacy
inquest to go before the jury.
jury Takes Case at Noon.
The jury received the case at moor
as the arguments were completed al
~ O'Clock. Judge John X. Hendricks
argued the case for the defense ant
ne devoted his attention to the omis
s!on of the commonwealth to show
that the taxes were due. and took W
a discussion of Smedley's mental con
dition. CONFERENCE.-The Attorney
John G. Lovett argued the case FOL
the prosecution. taking UP the argu
ment that Smedley was of sufficien
mind to know his acts were criminal
All of the evidence in the cast
was concluded this morning at II
O'Clock. Dr. II. p. Sights was intro
duced by the defense and he testi
fed that smediey suffered toxic in
sanity. DR.. j. w. Bass and Count!
Physician l.. f. Young testified ais
as to Smedley's previous use of drugs
In his instructions to the jur,
Judge Reed stated II the jury though
Smedley was insane at the time o