The Paducah evening sun., 1910-01-12
Defendants Attorneys File
Affidavit That Smedley
Frequently Signed County
Judges Name.

Trial OF Hiram Smedley on the
charge OF forgery was continued un-
III the April term of circuit court
this morning. Attorneys for the de-
Tense filed affldavits, that owing to
the absence OF witnesses II would be
impossible to enter into trial. The
commonwealth declined TO admit the
statement in the afiidayit and the
case was continued.
In the Indictment IL l. charged
that Smedley forged the name of r.
T. Lghtfoot, former county Judge,
to county warrants. and cashed the
warrants with merchants. In the af-
/ fidayit the attorneys recite that the
sheriff has been unable to get serv-
ice on Miss Lizzie Burlington, who
was deputy county court clerk under
lSmedley's administration. They say
by her testimony they expect to
prove that it was a custom for Judge.
Lightfoot TO call up Smedley over
| the telephone. and instruct him to
write out a warrant for salary. FIRE
quently, 1t is alleged, that Smedley
would cash the checks or would take
them to a merchant, and take the
money to Lightfoot Not only did
Smedley sign Lightfoots name to
the warrants, but the attorneys in
the affidavit say they will prove by
the testimony of Miss Burlington
that it was the custom for her to
J,-,.. Ion. -
judges name, and send him the
money.
The first OF the affidavit Is: at
was the custom Of r. T. Lghtfoot,
who was county Judge of McCracken
county. TO telephone TO this affiant
that he desired this affiant to draw
a warrant on the county treasurer
for part of his salary or such sums
as he desired to draw at the time.
and 1t Was the custom of the said
Lightfoot on such occasions to ask
this affiant II be had the money in
the drawer to cash the said warrant
and TO endorse his name"
Other reasons are given. BY rea-
son of his confinement i'm the asylum
and the county jail the attorneys say
that Smedley has been unable to as
sist them properly in the prepara-
ton of a defense of the charge. They
also aNege that the prisoner has not
been given the proper medical treat
ment
Smedley was in court today. and
he looked more haggard than usual. /
He kept mis- face buried in his hands |
while the attorneys prepared the
affidavit HIS face was without col |
or, and he presented a wretched ap-
peparance.
No More Drugs.
Circuit Judge William Reed in
structed County Jailer Houser that
morphine or any drugs must not be
allowed to be passed to the prisoner. !
He said Smedley could have visitors
m his cell, but that they must be
watched. and everything sent to
him examined so that drugs could |
not be smuggled into his cell.
Criminal Term Ends.
The criminal term of circuit court |
practically has been closed. The
docket was disposed of this morning,
and all of the petit jurors were dis
charged by Circuit Judge William
Reed. The grand jury is still in ses-
sion. and more Indictments will be
returned but II Is the custom to try
them at the next term of court. The
docket was disposed of unusually
quick this tesm.
Judge Reed announsed this morn
ing that he woull meet all OF the law
yers tomorrow morning at 8 o'clock |
ior purpose of hearing any motions
or orders.
Three indictments were returned |
this morning by the grand jury
Tom McCreary was indicted for petit
larceny, but the Indictment was dis
missed. Two indictments were not
given out. because the defendants
were not before the court.
c. b. Grassland. who has been spe-
iial court reporter, was sworn in as
he official court reporter. He sue
ceeds Miss Mamie Cooley. c. b
Crossland was sworn in as an exam
iner also.
Frank Campbell. colored, charged
with breaking into store. was
granted a new trial, and the indict-
ment against him was dismissed.