The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-02-19
SMITH IS CHILLED
BY PROSECUTION
WHILE ON STAND
Alleged Assailant of Morris
Bennett Firmly Claims
He Is Innocent.
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once at the office. Policemen in court
rushed up to Smith, but the latter did
not snow any intentions of trying to
escape.
Smith gave his description of the al
legged third degree" methods of the po-
lice on his direct examination. There
was no objection to the testimony. but
attorneys Shinn and owen made a mo-
tnol that "all alleged admissions made
by smith while in custody of the police
be excluded on the ground that they
we're involuntary and made under con
dltlons rendering him irresponsible.
Justice Anderson stated that II would
be LEFT TO the jury to determine whether
the admissions" were involuntary.
Clothes Examined.
Did you assault Morris Bennett?' the
witness was asked soon after he took
the stand
mo, sir" he replied emphatically.
did you take any money from him."
was then asked.
NO, SIR was the positive reply.
smith was then asked to pass before
his coat and vest TO show that the
garments had no blood on them. He
walked by the first six men and then
stepped up in the box and walked be-
tore the other six. two jurors looking
tntentlY at the coat.
The blood on Smiths trousers which
have been offered in evidence by the
Government, was explained by Smith
as possibly being that of a dog. He
said that on the SUNDAY before the
assault he and John and Cleveland
Walker, with whom he lived, had been
hunting and that their dog had been
severely scratched on the head by a
cat. He said he was not sure that he
Rot blood on his trousers at that time,
hut said 1t was quite possible.
Tells of Examination.
Testifylng about the alleged third
degree" tactics of the police while he
was at the Ninth percInct station house,
Smith said that for six days he was
kept there and quiZed night and day,
with only an hour or two of rest.
How many times ware you taken to
Casualty Hospital to see Bennctt?"
asked Attorney Shinn.
oh about fourteen" replied Smith.
When weer you taken there"
An times Of the night and dav
How many times were you taken out
to be identified OF were Identified by
different PERSONS
About zoo. | should say"
Attorney Shinn then questioned his
client about him being taken TO the hos
pital to see Bennett. He asked him in
particular about one occasion on which
the police alleged the defendant cried
out like an animal oud asked for poison.
| Smith denied he asked for poison, but
| said nc was AL in from the sight of
| seeing Bennett all battered up!'
"Nhy couldn't you stand IT, asked
Shinn.
Il couldn't look at him all broken I'D,
and the smell OF medicine was awful"
Pressed by Attorney Shlnn relative
to the details of the third degree"
| Smith said:
They made breaks to punch me. and
once I laid bare on a cot for two hours.
some Of them telling they were going
| to turn the hose on me. They teascd
me till was nearly wild, and gave me
| no sleep"
Attorneys Shinn and owen had Drs.
| Sullivan, T. a. Williams, II. w. Jaeger,
and Charles White summoned to tes,i-
| ~ as experts relative to the power OF
| Bennett to recOlIect incidents immcd-
| atoly preceding the assault, but were
| unable to accomplish the desired end,
the court combining them to the case at
bar. The physicians did not give tes-
timony that will in the main DANA sc
| the statements made by Bennett OH
| the witness stand.
| In addressing the court. Attorney Shnn
declared that ii ~ almost universally
held among physicians and surg cons
that a compound, compressed fracture
OF TIE skull affects the memory of the
victim. He stated that he wished TO
prove that the very nature oC Eprnett s
injury would impair his memory and
rcc0llsctions, although he did not GuCs-
ticn for 4 moment the good intentions
OF the grocer.
Strenuous Objection.
Strenuous objection was made bv At.
tOrnCv Shinn to the character Of the
ICrosS-cXamination OF Smith conducted
by Prosecutor Wilson. who fired nj!
Questions in rapid succession at the wit
ness in III" hope Of barring his past. Tit
attorney for the defendant declared tina
the courts have held that the proscCu
ton cannot ielvla into the past OF tn,
defendant unless it seeks relevant facts
the contention being that Smiths pas
Il was not pertinent to the case at bar.
Smith denied that he had been at Ben
nettS store either on the morning o
the assault or the evening before, a
, commended by the Government.
| Detective Berman. the first witnes
, today, told of waiting at Casualty Hos
, pital for ten days for Bennett to reCoVe
consciousness. He said that Bennett
; first recovered subConsciousness abou
, five days after the assault, and "beCam
greatly excited and shook his head
, when shown a picturde OF Smith. Capt
: John Daley, of the Ninth precinct, ais
, was a witness relative to the efforts O
! the police to get an accusation agains
: Smith by his alleged victim just tn
= moment the latter became conscious.
William Boswell followed the police
men, but his testimony was exploded b
the United States Attorneys Office
when the mysterious drunken man" O
, whom the defense would fasten tn
crime. was dramatically produced an
Identified.