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Show : CURN SMITH FACES TRIAL 'Mil WEEK j Efforts on the part of the presecu-, presecu-, tion to bring Cum Smith to trial for . first degress murder have boon una-, una-, vailing and the one time actor goes in-, in-, to court next week charged with vol-. vol-. untary manslaughter. Such was the decision nandc-d down Friday by Justice Fred T. Gunn after a long drawn out preliminary hearing during which a number of witnesses were called to the stand by the prosecution prose-cution in an effort to show that there was premeditation in the killing of Mary Smith the night of October 4 when the husband and wife allegedly indulged in one of their periodical drunken bouts. Leland Rowley of Milford was called call-ed upon to describe the scene disclosed to him when Smith called him to the ranch house where lay the body of the woman purported to have been beaten to death. It was he who was instructed by Smith to notify the authorities of the death of Mary. Harry Ward, Milford undertaker who had charge of interment of the body was called to the stand to testify as to the condition of the dead woman when he was summoned to the scene of the alleged killing. Doctor Addison By-bee By-bee who perfomed the post mortem examination reported his findings while Roy Coleman and Neils Jensen, Milford, marshal and county sheriff testified on the circumstances of the arrest of Smith. A move on the part of the defense to introduce the findings of the coroner's coron-er's jury was balked on the grounds that such is not legal evidence. The defense did not call any witnesses wit-nesses but contented itself with cross questioning the witnesses produced by the prosecution. It is understood that the case will come to trial in district court immediately immed-iately after the disposal of the case of the state vs. Cluff II. Cartwright Monday or Tuesday. Defense will be conducted by Sam Cline and Abe Murdock, prosecution by A. L. Larsen and Harold Cline. |