Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-19
PRISONER ACCUSES POLICE
SILENT. ON HIS PAST HISTORY

04AGNx UN d1S -fASI 61SxVhx
Refuses to Answer Whether He Ever
Lived in Chicago-Many Wit
nesses Examined.
The trial Of James H. Smith. accused
Of assaulting Morris Bennett and robbing
him Of $50, came to an end at o'clock
this afternoon. and the jury is expected
to return a verdict later today.
The defendant made several accusa-
upon the stand to defend himself in
Criminal Court No. !.
Smiths story of what the policemen at
a solid week caused every. head in the
courtroom to lean toward the witness.
whose voice is very low.
1t was plain complaint that the third
degree" had been used in all it's horror
to drag an admission from him.
Smiths memory was excellent while
telling what the policemen did to him
day and night for a week, but his recol-
Wilson, United States attorney, tried
to drag from Smith some Of his previous
history.
Smith refused point-blank to answer
whether he had ever been in Chicago. 1t
was in that city the portraits Of James
Smith were identified as being those of
a man known there as "Kabusta."
When Smiths attorneys, George 9.
Shinn and Claude Owen, objected serious
" tn Nf a n
Chicago, Mr.. Wilson said he was perfect
ly satisfied with the witness refusal to
answer
Plain Denial His Defense.
Smiths defense against all the accu-
sations made against him is a plain de-
NAL. His story, brought out by questions
Of Mr.. Shinn and Mr.. Owen, was sub
stantally as follows:
THE Sunday before this assault was
committed I spent the whole day at the
Walker house. We played cards most of
the time, and in the afternoon we went
out in the woods with some hunting
dogs. While we were there the dogs got
after a cat and had q fight. We pulled
the animals apart and that is how l got
blood on my pants, if any was there"
He told how he had stood at 61st and
B streets on the morning the assault
occurred, waiting for builder or some
one else who employed mechanics to come
along. as he wanted to get a job. Then
he traced his way back to- Walkers house.
where he learned that afpoliceman want
ed to see him. He said he went to be
arrested with no hesitancy, as he claimed
he had done no HARM Then he told or
the story of the third degree"
Il was in the station house for six
days, and during that time they were at
me all the time. They worried me and
leased me every minute. They were at
me all day long Monday-that's the day
was arrested-and kept at me all night.
think l only got an hour and a half
sleep. They wouldn't let me alone, and
when l wouldn't answer them or was
too sleepy to know what was doing they
made breaks like they wanted to give
me a punch in the face. -
II couldn't stand up under anything
like that. One time l was asleep in my
cell, and all they gave me to sleep on
was a narrow little iron bench without
any clothes on 1t. Policeman Strobel
came along and woke me up, asking me
questions. He said If 1 didn't get up he'd
turn the hose on me-
They undressed me in Capt. Daley's
Office by force, and took all my clothes
off except my undershirt, and kept me
like that two hours.
They kept coming at me four and five
the hospital was all in. 1 couldn't stand
up hardly, and the smell Of the medicine
over there made me sick. That's why
tainted. couldn't stand no such treat
No. o."
Question for Jury Only.
Mr.. Shinn asked him how many times
he was identified in connection with the
Bennett assault and other mysteries.
Smith replied:
Il think 200 people identified me. 1t
looked like procession"
At this point Mr.. Shinn asked the court
to exclude the alleged voluntary admis-
sions by Smith on the grounds that they
had been squeezed out under the third
degree" Justice Anderson ruled that it
was question for the jury to decide
When Smith finished in his own behalf
Clarence Wilson. United States attorney.
took hold and ratified off question after
question as to Smiths afitecedents. Smith
was not quick at answering questions con
corning his birthplace. his mothers fam
lily, and absolutely failed to tell when his
parents had died. He said he had ALWAYS
lived in Philadelphia, until about tive
years ago. when he left the Quaker City
the middle east, mentioning Newport
News and Camden
us James Smith your real name?"
The witness said it was, and also de-
MED having any other name
Mr.. Shinn fnterposed another objection.
saying that 1t evidently was the plan to
bring into the trial evidence that would
prejudice the jury:
There have been many things publish.
ed and whispered about this case" said
Mr.. shinn, which are SO wen known
and so widely discussed that the very
mention of them in this trial would en-
danger the defendants chances of a fair
trial.
1.-The matters I am speaking of are so
odious that no one could connect them
with a trial like this without their hav-
ing some effect"
Capt. Daley Denies Charges.
Justice Anderson allowed Mr.. Wilson
to proceed, and he eventually came to the
question:
ibid you ever live in Chicago?"
II amt going to answer any such aues-
tons like that" said Smith. Mr.. Wilson
said that satisfied him.
DR.. Henry Jaeger and DR.. Charles S.
White were called as experts. They testi-
fed that q blow on the skull causing a
compound fracture might result in be-
cloudine the yicfim's ynemorx, of ayan+s