The Paducah evening sun., 1910-04-29
JURY WILL TAKE
SMEDLEY'S CASE
THIS AFTERNOON
Arguments Of Counsel Will be
Concluded Before Sup.
per Time.
Defense Rests on Plea Of
Mental Incapacity.
CONFESSION SAID TO BE MADE.

Arguments In the trial OF Hiram
Smedley. charged with forgery were
begun this afternoon. For argu-
ments two hours were given for each
side. and the jury viii receive the
case about $3.50 O'Clock this after
noon. II is probable that a verdict
will not be reached before tomorrow
although Circuit Judge Reed may
receive a verdict tonight II the jur-
ors agree. None of the other in
dictments wila be taken up for trial
at this term Of court. -
All this morning the main evidence
introduced was testimooy relative to
the condition OF Smedles's mind af-
ter the use OF the drugs. The de-
fense rested upon the fact that the
drugs affected his mind 80 such a de-
gree that Smedley was unable TO dis
tingulsh the difference between right
and wrong. DR.. w. T. Gardiner, who
is In charge OF the western state
asylum at Hopktnsville was sum
monsed as one of the witnesses for
the prosecution, but was not used.
| Most of the physicians testified to
the fact that the use OF the drug
would affect Smedley's mind, but II
was difficult to prove whether the
drugs affected his mind to the de-
gree of insanity or loss OF will pow
er,
Attorney S. III. Grassland opened
the argument for the defense, and
Was followed by County Judge A.
w. Barkley. Judge John Hendrick
closed the argument for the defense.
and Commonwealth Attorney John
G.. Lovett will conclude the argument
for the prosecution.
Court House Filled.
Owing 10 the interest In the trial
of Smedley the court house was
comfortably filled yesterday after
noon when the trial was called.
There are a number of witnesses in
the trial. and many others were
present to hear the testimony. Little
time was lost in getting into trial,
as the first twelve men called from
the special venire we're accepted for
service and the evidence begun.
On both sides the attorneys
fought hard. and Circuit Judge Will
liam Reed was compelled 10 use the
gavel more than once In settling
arguments between the attorneys,
He several times threatened to fine
the attorneys unless they ceased
wrangling and making certain state
ments in the presence of the jury.
Attorneys on both sides objected
frequently to evidence. County
Judge Alben w. Barkley was a wit
ness for the prosecution and later
directed the examination of the wit
nesses. Attorneys for Smedley OBJ
attorney in the case. Judge Bark
ley stated that as former county at
torney he was familiar with the
case and by special request of both
the commemorative and the county
attorney was directing the examina-
ton. Judge Reed permitted him to
continue.
Former County Judge r. T.
Lightfoot was the first witness
called. He testified that about six
weeks ago in the rear office OF
County Judge Alben w. Barkley,
Smedley confessed to him that he
had forged his name frequently. He
said Smedley gave the excuse that
he was up against II and would dc
lanything to get money. In the office
at the time were Smedley, Richard
Davis, Judge Lightfoot and County
Judge Barkley was called into the
, room and the confession repeated
according to the evidence. Judge
Barkley corroborated the testimony
of Judge Lightfoot and said wher
he entered the room that boti
Smedley and Judge .Lightfoot were
J crying.
Judge Lightfoot testified that h
had never authorized Smedley ol
lanybody In the county court clerk'i
Ioffice to sign his name to checks
The warrant for s25 was endorsed
lon the back with the name of Judge
Idebtfoot. who said IL was not hi
original signature. and said IL wa
, smedley's handwriting. Count.
Court Clerk singleton said II looked
; Iike smedley's handwriting. but h'
7, was not positive.
J. A. Gardner. a druggist, cashet
p the check and said he had cashet
numerous warrants for Mr.. smed
LEV. but was not certain about thu
genuineness of the signature.
mr. n. p. sights testified as {
the condition of smedley's min'
from the effect of drugs.