The Washington herald., 1912-02-16
SMITHS DEFENSE
HINGES ON ALIBI
Hunting Job, Says Counsel,
When Grocer Bennett
Was Assaulted.
CONDUCT AT HOSPITAL

After the government had rested itS
case agsinst James H. Smith. charged
with assault to kill and rob Morris Ben
net on November 20 last on the Benning
road, counsel for the prisoner yester-
day asked the court to instruct the jury
TO bring in a verdict Of mot guilty, "
saying that a charge OF robbery accord
ing to law and precedent must be proved
by direct evidence, which was impossible
in the case on trial. and that the In
dictmsrt had been drawn up under the
old penal law OF the District. which had
been changed by recent legislation so far
as the character, degree, and punishment
of crimes was concerned.
The district attorney withdrew the sec
ond and third count, which allege that
Smith committed the crime with a hatchet
or a blunt instrument, and said he would
try the prisoner on the first and fourth
counts, being assault with intent to kill
and robbery. Justice Anderson overruled
the prayer OF counsel for the prisoner.
Outline OF Defense.
Prior to adjournment until Monday
morning. Attorney Shinn, Of counsel for
the prisoner. made his opening statement,
contending that Smith, at the time the
crime was committed. was nowhere near
the scene as stated by the prosecution.
Defendant, according to Attorney shinn.
was out of work temporarily and on
Monday morning decided TO see what he
could do in the way of finding employ
ment. He went TO SiXty-first and c
streets because that was a place where
mahy persons We're coming and going
between the hours Of $50 and $50 a. m,
and where he could make inquiries as
10 a job. The defense expects to prove
that Smith remained at the corner. and
that he was there at the time the as
sault upon Bennett is said TO nave been
made. When Informed that a charge had
been preferred against him, Smith, ac-
cording 70 his counsel, showed no fear,
but walked TO the District line, where
hs gave himself up.
The government produced many wit
nesses, all Of whom testified to seeing
Smith on the road near the scene OF the
assault on the morning Of the crime.
John c. Cousins, colored, said he saw
Smith iying through the woods Just like
he was scared TO death" Mrs. Fannie
Remore. who keeps a shop near the place
where Smith lived at Cedar Heights, said
Smith bought tobacco at her store and
paid for II with a dollar bill. which he
pulled from his pocket as IL he had a
big roll OF money. The prosecution pre-
VtouSly proved that Smith was penniless
before the assault and robbery. Mrs. Re
more also said Smith had a queer look
about him. John Walker. Cleveland
Walker, Mrs. John Walker, and Lawrence
Britt testified that Smith had wanted TO
learn to play stud poker the night before
the assault because he had something
on his mind and wanted to get II on"
They said he got up early on the morning
of the assault. Cleveland Walker said
he saw Smith at Sixty-first and c streets
that morning.
begged for Poison"
Policeman Charles Strobel told how he
took Smith to the Casualty Hospital to
see Bennett. The policeman testified that
Smith was handcuffed to him. and when
they got near the room where Bennet lay
Smith collapsed. Smith. according to wit
ness said he couldn't stand anything like
that. and when the doctors gave him
whisky to brace him up he begged them
TO give him poison. II thought 1t was a
good time to ask him IL he was sorry
he did Il, but he wouldn't answer. Then
asked him who helped him with the
Job and he answered no one"
Walter W. Collins, Of Prince George
County. said he saw Bennett on the road
after the assault. Il looked in the wagon
and saw a man all beaten up and COW
cred with blood" said the witness, and
he looked 10 me like he was dead, so
said TO myself I can't do that fellow
any good" and went on"