| Show SMITH TAKES WITNESS STAND STANO Says Judges Powers and are Maliciously Mistaken STATEMENT rl OF 01 DEFENSE rl to nil an Unable to Ort id Four vi t e e eThe The sen feature ot of the Smith trial today was the testimony of the defendant himself The defendant took the stand shortly 3 and declared before beCore his make that thal lie ho wall sae Innocent ot of the crime he was charged with Under ho he said that JUdge Pow r Judge and all the witnesses who had testified against him wore Sore Smith was still being when the he News report It now looks as though the case may be given to the jury sometime tomorrow JURY D DUpon Upon the opening ot of court this morn mornIng lag Ing Westervelt naked the C court lurt to excuse the jury jur while counsel fat CuI the certain mo motions The rhe request was granted and i ithe the jury fled out ot of the court room Thereupon Mr Ir moe moved l that I nit the testimony Willmon relative to the finding of the exhibits shown from the l whim house be excluded on tho ground that the prosecution had failed to connect the defendant wIth the same samo II by an any evidence also that nil all evidence relative to the he infernal machines lie be withdrawn from Crom the tho jury for Cor the same reason The 1110 court overruled the mo and In doln doing so hIs honor said that whatever view ho he look ook of the mat matter ter at this time he thought the evidence sought soucht to be excluded should be passed upon b by the jury jur Attorney Westervelt then moved that the JuT jur be instructed to 0 acquit the de upon the ground that the State Slate had failed to 0 show that tho t there Will was ever eer any present ability existing In Smith to have hae committed the crime charged Norrell too took the sonic view on this ns as ho he did on the others and c the motion STAT STATEMENT OF DE DEFENSE FESE Time The jut jury was then recalled anti and At Attorney torney torne D B S Truman made the opening statement for the defense Mr Ir Truman said the defense would prove that Smith was not at Eureka at time the tim the offense was vai to have been and that he was not In ureka at the time the a al tl td to haVe been The jho Rib lII Western lie He further stated that It would lIe be proven n that Smith os ns never nt at the Pacific shaft or whim house Counsel admitted that Smith obtained two sticks of giant o lowder Ot at the Diamond mine and said laid It would be shown that they were used by Smith In pro prospecting to time the addressed upon the box sent O 0 W S Powers Mr Ir Truman the defense would admit that Smith requested the witness to write the address for Cor him A man named Dutler Mr Ir Truman said aid asked Smith to write It for him and counsel claimed that as soon us III had written the tho directions Smith delivered the envelope to time tho aforesaid Mr Ir Truman further stated that the defense would show that the testimony of the witness Peck was entirely un unreliable reliable that Smith never neer confessed the ot of the offense to hIm I neither had lie he talked to Peck a at the window of oC th time sleeping apart ment time thu suit of clothes claimed b by the witness Stewart us 01 his property Mr Ir Truman said It would bo be shown that the garments were wre taken Smith for or time of liquidating II a diM debt of iO eXI existing be between tween Smith ard rei Frank Utterly The latter Mr Ir TrumAn said enid gave cae the suit to Smith as lie he was lIS IlO leaving Diamond for tor other parts TAKING OF T TESTIMONY STI After Arter Mr Ir Truman had concluded VII Vil llama liNe Itose a miner was waB called on be behalf behalf half of the defense said lie had known Smith since hut August Augut Wn Was nt at Payson Pason when was WAIl arrested Saw Smith ot at Diamond 1 a day clay or two before hi his arrest In answer to Mr Ir witness said ho he tint first met Smith In the hose claimed he was serving a 11 n n w MOTION NIt FOR CONTINUANCE CONTINUA CE CENo No sooner Booner had Mr Putnam got through with Itose ItoH when Mr Ir Truman arose and addre addressing the court saId the defense would like the case con continued for Cor time the term lie Jle thereupon made a 0 motion for Cor n a continuance upon time the ground ot of the absence ot of tour four ma witnesses for whom subpoenas had been und and by whom the do tense Cense expected to a number ot of material facts CactI referred to by counsel In his opening statement The motion was al sustained b by an at from Crom Smith Mr Putnam ro re I the motion and said the deCenso had been gIven ghen ample amplo time In which to 0 I produce Its witnesses Judo Jude Norrell said ald he could readily see leo tM the materiality ot of the testimony Jut hut said laId his honor were I to grant the motion nt at this line It would ceria certainly In give Ie the defendant nn an op 01 opportunity port unity nt at the thc next trial to plead leAd former j WhIle tile the court regretted the necea lit sIts ot of overruling the motion he bo did riot not believe the rights of the State would be were ho to lOran grant It s SMITH WAS AS NOT TInED TIltED George recalled 11 by the do fenee testified that he had bad known Smith since the latter part of oC July Smith anti and seemed to be op on Quite friendly terms Sow Saw Smith on th of August It wu was between n 31 and C 4 The do de defendant was not excited nor tired Witness was about to go 10 on his hla shift that vaS 1115 the reason he recalled called the tithe or of da day Witness worked from C 4 till I 12 by Mr Ir Putnam When witness came tamo to work he went to the blacksmith shop where ho hG saw the Iho defendant and The latter was engaged sharpening some lome toots Court here took a recess recell This afternoon Emery Ward Saed was call called d by time defense Witness testified fled fied that In he was 1111 guard lUard at t the penitentiary It n saw lIaw Smith The defendant was WAil put In the thecae cage cae house bY b witness And al there three or tour months have hao been nv fly mouths Dont you ou know he w a kept there iwo years Mr Truman asked l IJ I dont Arthur Pratt testified that he was warden whon Smith Will was brought rut cut there The was wa to niL all letters that h to 10 or from the penitentiary Did not ber of oC Smith sending a threatening let letter ter from the pen to 0 Judge Powers lower or anyone else SMiTH TAKES TUE STAND TIND At this afternoon smith was vat called t to the tho stand He 11 s said ld lie IUd did not know mo JUdge Only spoke puke to 10 him once anti and that the Judge asked him tc It he hOod had anything to 10 III say before beCore sentence W v ls s ed Was as first sentenced in laM i lie placed In solitary n noon As soon oon as he reach reached ell the Was In Diamond August lh DId IId not know Prod Ired Hansen saw him until lie he got on time stand Knew Jo Joe lied known bUn aine Did you knoW his hll toward Judge Powers In OU Ob jaded to awl and objection t Had a conversation willi him nt at sai said jt It was S a amer mer some one get nt at Judge Power Powers I like t to get tet lt met time the I 5 ot of 1 i b b sid said He time the desert to go to hI his mine min and It I could get tl to assist ms ins I 1 would Waylay him and ami tic do hurl up The Thes s 1 ot of I to b b has done dOM m me out ot of my mining property This One conversation ton SmIth ald I had Imd July BOth m Knew time tha JCk Denied mak makIn In lag a confession tp p Men him It was All made Ut up for Cor th the of injuring him therm Ihen vent on to re me late lata how he came 1 by the two sticks tok ot or giant powder r 10 lie said Bald he tol coIc them tram from the magazine ot of the ho Iia mond mine lie He had been told to help himself anti ond did not consider ime he had done anything wrong In taking them Denied that he Wi was ever oer everin In Eureka Eureka lad had through there thero therein In 1 a train Mrs rs hurt who said Mid she saw him pass her place Aug August 25 5 on the w way y to the Ho tio Western d depot ot In l Eureka urel was mis taken takemi Was In Sliver either the 23 or 24 of last August Had no business there Remained at the Place for Cor alo about t halt bait arm hour Did not KO go to an any mine while there After he had been locked 0 up In hi the tho Jail at al Eureka abut about 1 a hun bun hundred bundred dred people come came to see hUn The next moring morning Marshall tok took him to the express agent ot at the depot for tor forthe the purpose of seeing whether the lat ml toe tor cull could identify him bUn made him put on his old sui suit of DC clothes DId time the agent Identify you OU asked Mr Truman Trumon Objected to by Mr Iut ut n namn m Objection sustained Smith wa was here shown the two to dyna dynamite dynamite mite bOll boxes cent nt to Judg Judge lors anti Waren Warden Dow one empty Ind and the oIlier containing n a reoler revolver lie He sll said lie ho sw sew them for Cor the first time at time the police station during hil lila preliminary hear hearIng I Ing ICks lecks statement that he two revolvers In Damond WI was untrue Defendant said he owned sid never or car nod but ono one I Mr say you OU ne nev spoke to Judge until he sea sen you sir Never threatened him In court No sir Never Neer sw saw Judge Pow Powers rs at the penI pen I dont remember seeing him Dd Did you O not ak ask JUdge Powers to tott tt try and get you OU a Pardon I did not notI I ro er i Itte asking him to cr to Ih time pen and se see you U T TI I never did Dont you ou remember telling him you ou 0 were penitent and broken In health and would like to get out outI I never noer had such a conversation wih with ludge lowers IIPP lapp Did you ou ever write to Julge Judge Ro Ito Yes I sent ent him n a whip anti and Ild said something like this n a man of mu wor word I send you this gUt gift although your our services cle ot of much use ule to tome me inc Then Judge statement that you u had written him I is false I It Is IsYou IsYou You want the jur jury to so 0 understand do you ou Ye Yes I hope I may not Ilot 10 live fc five min mm uti I It I nm am not telling the truth Ue here the defendant raised his hll might hand and looked straight at the jUI jury Smith wa was aske asked Ir If he hAd not threatened Judge Powers Judge and othet others 1111 and he replied by stating that I it wa as all sll a a pack of oC le lies I corruption and that time the parties were m mistaken |
