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Show SMITH IS SENT UP. I THE SLAYER OF WILLIAM CARTER BE- ; FORE JUDCE ZANE FOR SENTENCE. First Appearance of the Prisoner- Version of the Tragedy at the Tort In Print Banker Whitmore Gets a ContinuanceThe Continu-anceThe Broker's AYin. The fierce craving demand of the, popular appetite for tragedy in which real life is made to pay the tribute, was again exemplified exempli-fied in Judge Zanes court chamber thisniom-ing, thisniom-ing, the medium through which the crimson dish was to be served being the cae of Ku-fus Ku-fus Smith, the self confessed slayer of William Carter at Fort Douglas, the prisoner having entered, by consent, a plea of murder mur-der in the second degree and resigning himself him-self to the mercy of averging justice. It having been ordered by Judge Zauc that evidence evi-dence be submitted that the gravity of Smith's offense might be determined a troop of witnesses reported from the fort and when court convened the lobbies presented a decidedly de-cidedly martial aspect. The argument in an important civil action having not yet been completed however, the tragedy was set aside for a few minutes. In the meantime Smith paced the floor of the cage in the marshal's office watching the hands "of the clock until a deputy finally re- ported and notified him that his case had been renched. The examination opened with Joseph Manning, private in Co. "E," l'-th regiment, on the witness stand. He testified that t.ie fatal altercation originated over the right to 25 cents. Smith challenged Carter to fisrht it out, and as they reached the threshold thresh-old of the door a shot was tired. Carter reeled and cried "I'm shot!" Cross-examined by Judge. Poweis ""'"ness stated it was early morning; the men had been gambling and drinking beer, t-mith led the way out. Smith, who had been rtMiin.r monte. was somewhat , under the m- fluence of liquor. Mr. Greelv testified that the men iiad been gambling 'when the challenge was issued, is-sued, Smith going: through the door in advance, ad-vance, and when Carter stood in the doorway door-way Smith shot. Carter exclaimed: "Mv God, boys, he's shot me!" "Witness, cross-examined, 6tated that he had been gambling. He was within about two and a half feet of Carter when the shot was.' tired. ... . I Smith told Carter to come outsid" and fight it out. Carter said that was all right; it was agreeable to him. Private Laughlin testified that Smith was dealing when Carter reached over to pick up a bet. Smith said, "Leave that money alone." Carter said: "That's my money; I'll pick it up whenever I like." Some of the boys said: i.Ck..i l Tf n want to tlL'ht. SO OUt- side and settle it." The men then retired, and as they reached the door the shot was fired. Smith, w itness thought, was enough tinder the influence of linuor to make hini quarrelsome. The examination on the part of the prosecution pros-ecution continued without any material change in the character of the evidence. In behalf of the prisoner counsel introduced intro-duced certificates of promotion at different times, and his discharge after nve years ser-Tiee ser-Tiee in 1884. Lieutenant Hactney of the L. S. A., commanding com-manding "I" company, sixteenth infantry, testified to the good character and quietude of the prisoner. CapUin Clapp testified to the good character char-acter of the prisoner and commended him as an excellent soldier. jijiji-u--h the prisoner was called and b-jrn in An , j j a., thirteen A, Bl soldier and had known Carter thrift i j't mha prisouer went to the old SutlerSTouildinsr,' which is rented for gambling and drinking purposes after payday. pay-day. The court (interrupting) Do the commanding com-manding oliicers rent that for gambling purposes pur-poses ? Judge Powers The gambling there, your honor, is carried on in violation of discipline. Continuing, witness stated that he was under un-der the inlluenee of liquor and was frightened fright-ened when he shot; he carried a gun for the reason that citizens, soldiers and colored gamblers gathered there and frequently talked fight. This closed the evidence in behalf of the prisoner. Captain Morrison was called for the people peo-ple and testified that his reputation was good as a soldier; he had been tried twice for incipient offenses. Argumcuts were then proceeded with. The review of the testimony having been concluded the case was submitted, and Smith, standing up with soldierly erectness, was sentenced to twenty-five years imprisonment imprison-ment in the penitentiary. Banker tVhitinore in Court. The torture inflicted upon old man Leonard while he was confined as a prisoner in the county jail, and which the law now seeks to rebuke under the aristocratic name of "battery," "bat-tery," came up in the district court for the steenth time this morning, Judge Towers putting in his appearance for Banker Whit-more Whit-more while Assistant United States Attorney Stephens appeared for the prosecution. Counsel for the defense came forth with a voluminous document, and, upon new affidavits, asked a continuance for the term. In support of the application an affidavit was read from the defendant, who ct up that diligent efforts had been made to develop de-velop the whereabouts of one David Port, an inmate of the county jail at the time said offense is said to have been committed, and by whom it was expected to prove that defendant de-fendant did not commit the offense alleged; that the attempt to find him had failed, and that it would do the defendant injustice to proceed w ithout witness or his deposition. Counsel added orally that Port w as confined con-fined in a neighboring cell and could see into that occupied by the complaining witness. wit-ness. Judge Hogc of counsel for the defense stated on affidavit that a subpozna had been issued for the witness, and efforts made to reach him at the roek quarries, w hich had failed. One Goodsell, a deputy marshal, made affidavit that he had trailed the much sought witness to the rock quarries, ascertained that he had been in the employ of one Roberts, Rob-erts, but lost sight of him at that point. Upon this Judge" Powers asked a continuance continu-ance for the term. The court desired to know what counsel expected to prove bv the witnessed. Judge Powers that Whitmore is not .guilty of the offense charged. Mr. Stephens sttted that he had inquired of the officials of the county jail and ascertained ascer-tained that Port occupied a cell in the vicinity vi-cinity of that occupied by Leonard at the time the thumb screws were applied to extort ex-tort a confession, but that he (witness) was unable to see into it. The court ordered counsel to make the affidavits more definite, specifying what the witness in question would testify to. |