Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-15
HINT THIRD DEGREE
Illegal Methods Said to Have
Been Used on James Smith.
COUNSEL MAY TAKE ACTION
Developments at Trial Today Indi-
cate Police Will Be Put on Grill.
PANTS, WITH BL00DsTAINs
Policeman Strobel Offers Them as
Evidence-Witnesses Tell of
Seeing Prisoner.

That the third degree said to have
been worked on James Smith at the
ninth police precinct station during the
long hours Of his confinement there.
after he had been arrested In connec-
ton with the Bennett assault. will be at
tackled as an unwarranted and unconsti-
tutional procedure was the broad hint
given during Smiths trial before Justice
Anderson today.
While Policeman Charles Strobel was
telling the jury how he had arrested
Smith, and how he had found blood
stains on Smiths clothes, Smiths
trousers were offered in evidence. Claude
Owen, one of Smiths counsel, jumped to
his feet:
Before these pants are offered as
evidence. l want to know how they
were obtained from Smith. It may be
they were taken from him in direct
violation Of the Constitution Of the
United States"
For a few seconds James Smiths pants
and the constitutional rights of q prison
er locked up in the Office Of a police
captain were the subject Of legal rep
artee, but Policeman Strobel was allowed
to continue. However, George c. Shinn,
of counsel for Smith, went into the
third degree matter very closely with
his questions.
Witness Causes Laughter.
The prosecution today produced a
string of witnesses, all of whom said
they saw ames Smith on the road very
near the scene of the assault on the
r,,<N two 10 ~
colored, of 54th and B streets. made a
clear-cut statement for the prosecution,
and caused loud laughter from several in
the courtroom when he said:
Il saw Smith flynn through dem woods
lookin' jes' like he skeered to death. "
of vest Smith had on, and Cousins re-
piled:
He was goin' too fast to notice
Mrs Fannie Kenmore, whe keeps shop
In Prince Georges county near the place
where Smith lived at Cedar Heights,
stood up in the witness stand and gave
an imitation Of how Smith pulled a dollar
bill from his trousers pocket. 1t was at
her store that Smith bought smoking to-
bacco after the Bennett assault
She caused a storm of objections when
she said The pulled the dollar from his
pocket like he was pulling it from a roll
Of bills" Previously the prosecution had
brought out the fact that Smith was
supposed to have been penniless before
the Bennett assault and robbery.
HE had such a queer look about him. "
continued Mrs. Kenmore. that was afraid
and called man in from the back room
of the store to change the bill"
Say Smith Arose Early.
John Walker. Cleveland Walker. Mrs.
John Walker and Lawrence Britt, all
Of whom lived under the same roof
with Smith,. did their best to connect
Smith with the assault. They all said
that Smith had wanted to learn to play
stud poker the night before the 'as-
his mind and wanted to get it off," and
they all declared he got up early on
the morning of the assault, and Cleve-
land Walker said he saw Smith at 61st
and G streets that morning.
Policeman Strobefs story of how he
took Smith to Casualty Hospital to see
Bennett, who was in .bandages, was lis
tened to with interest:
''He was handcuffed to me, and when
we got near the room where Bennett
lay Smith collapsed. He sank down and
had to have some one help me hold
him UP. Precipitation streamed upon his
face and he was very weak.
He 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. I thought 1t
was a good time to ask him il he was
sorry he did 1t, but he wouldn't answer.
Then I asked him who helped him with
the job and he answered, mo one.''
Couldn't Help Bennett
Walter w. Collins of Prince Gearges
county was one of the witnesses who said
he saw Bennett on the road after the as
sault. He had the opportunity to play
the part of good Samaritan, but didn't.
Il looked in the wagon and saw man
all beaten up and covered with blood" he
said. land he looked to me like he was
dead. SO l said to myself. I can't do that
fellow any good and went on
Others who testified that they saw
either Smith or Bennett. OF both, on the
morning of the assault were Walter
Walker of 26s' o street. William Bos-
well. Capitol Heights: Policeman Charles
G. Parker. Policeman Trumbe. Bernard
G. Goldstein, sol 21st street northwest,
and John Weast of Capitol Heights
Physician Describes Injuries.
DR.. Henry W. Jaeger. resident physi-
clan at Casualty Hospital. was on the
stand for half an hour yesterday after.
noon outlining in detail to the Jury just
what the hatchet blows had done to Nor
ris Bennett. The list of injuries sounded
like surgical lecture, and it took the
doctor nearly five minutes to recite the
bare list Of fractures. giving them their
correct anatomical names and the eff
feet they had On Morris Bennet's brain.
Philip Marsteller. an insurance agent;
Gottlieb Schollkopp, a bakery wagon
driver. and Edward Sweeney, a laborer,
all testified yesterday afternoon that they
had seen Bennett riding in his wagon on
the morning of the assault.
Thomas Mailer, constable of Prince
Georges county. testified that he found
Bennett insensfble and bleeding in the
wagon.
The Ideal Playroom.