The Washington times., 1912-02-16
SMITH WILL CHARGE
PLOT TO 'RA|LROAD"
Him INTO PRISON
Alleged AsSailant of Bennett
!, to Take Witness Stand
Ng4,, Monday.

Pleading to the jury that he is the
innocent victim of deep plot to rail-
road him TO prison and cover up cer-
tain crimes, JHmes II. Smith, alias John
Kabusta, charged with brutally as
saulting Morris Bennett on the Benning
road on November 20, last, and robblng
him of $3.50, will take the witness stand
in Criminal Court No. !, on Monday
and is expected to furnish a series of
sensations.
In. the face of the positive identif-
cation of Smith by the Fairmont
Heights grocer, as the man who beat
the defendant will attempt to prove an
alibi, and make an absolute denial of
any completely III the crime.
Will Present Alibi.
Smiths counsel say Smiths testimony
will be corroborated by other witnesses,
who saw him at least n mile and half
from the scene of the assault at the
time it is alleged to have been COM
mittcd.
Smiths appearance as a witness will
open the way for the Government to in
troduce evidence in support of the acCu-
sation by the District and Chicago po-
Ice that the defendant is wanted in the
Windy City in connection with two muir
ders. The prosecutors will offer testi-
nnony to impcach the accused, and for
this purpose It is understood Chicago
detectives will be summoned.
Third degree" methods alleged to
have been employed by the police in
Sweating Smith will be described in
detail by the latter, providing the court
will admit much testimony in the trial.
Time of Assault Fixed.
Attorney George c. Shinn, who, with
Claud w. owen, is defending Smith,
announced today that his client will
, take the witness stand after rev
minor witnesses have been sworn tc
lay a foundation for the attempted ali
bl He declared that several witnesses
saw Smith near Sixty-frst and {
streets, a mile and a half from where
the assault was committed. Counse
for the defendant has been particular
to press each witness for the Govern
ment about the exact time that the
assault occurred. and it has been fixed
as being between Z and 7:30 o'clock.
Fine legal points have been injected
into the case by Attorneys Shnn and
owen for the defense. When the Gov
ernment rested its case yesterday after
noon 1t made a sweeping motion &c
have the indictment quashcd on the
ground that it was drawn under the
provisions of the old District code and
not under the new penal code, a section
of which Justice Anderson, presiding
had previously held applied to the Dis
trlct. They also asked for the courj
to direct the jury to acqult the de-
fendant.
The motion came as a surprise to th'
Government, but the court heard only
the argument of Attorney Owen, anC
denied the request in both InsttH instances IS
amply protected, inasmueh as the Dis
trict Court of Appeals now has ,,,n3 unSe, de,
the new penal code applies in this
jurisdiction.
The possibility OF Smith obtaining a
new trial in the event of his conVic
ton is held out by, his attorneys, II wh'
assert that should the Court of Appeal'
sustain their contention that the new
penal code holds in the District OF co
iumbia. there is nothing for the lowe
court to do but arrest Judgment.
Justice Anderson limited that such
course was possible. and for that rea
son he simply overruled the motlon l'
ouash the Indictment, virtually DEFY
ing a decision on thetCchntcalltles RAISED
by counsel for the accused.