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Show FIVE WITNESSES TESTIFY ON FIRST DAY OF CORN SMITH MANSLAUGHTER TRIAL AFTERNOON CLOSES ON TECHNICAL BOUT 4 will select special workers to handle the details the play ground contest are Abbie Dutson, Emma Clark, Caroline Joest and Genieve Mitchell. The contest sponsored by the Auxiliary will be under the patronage patron-age of Mrs. Annie J. Atkin, town chairman of the Better Homes in America and Mrs. Ethyl Neilsen, county chairman. ' The trial of Curn Smith, charged with manslaughter in the death of his wife, got under way Tuesday only to be balked almost immediately by a battle between the prosecution and the defense on the admissabiljty of evidence. The admission of testimony testi-mony that was to prove the backbone of the prosecution, namely the alleged alleg-ed statement purported to have been made by Smith to Harry Ward and Bert Nichols to the effect that he and his wife had had a drunken quarrel on the night preceding her death, was vigorously opposed by the defense de-fense on the grounds that at that stage of the trial such testimony was incompetent. The defense won the first tilt when Judge cox sustained the objection for the duration of Tuesday's proceedings, taking the matter under advisement and stating that he would announce whether the evidence can be admitted when the court re-convenes Thursday at 2 o'clock. On his decision, hangs much of the strength of the prosecution. prosecu-tion. Following the empanelling of the jury which was completed at eleven o'clock Tuesday morning, the prosecution, prose-cution, represented by Harold Cline made its opening statement outlin-jing outlin-jing the structure of the case it will attempt to bring against Curn Smith and stating that it intended to prove that Mary Smith had come to her death on the night of October 4 through force of violence and that Smith had caused her death. Harold Cline stated that he would attempt to prove the guilt of Smith largely through his admissions that he and his wife had had a battle and she had died as the result. The first witness presented for the prosecution was Dr. Addison Bybee who had made a post mortem examination exam-ination of the body of Mary Smith and who testified that the extent of the injuries had caused her death. Then Harry Ward and Bert Nichols Nich-ols .were called to the stand and asked ask-ed to repeat the statement made to them by Smith immediately after the reporting of the tragedy. It wa3 purported pur-ported to have been an admission that he and his wife had quarrelled while intoxicated. The defence represented re-presented by Sam Clino and Abe Murdock then entered actively into the proceeding with objection that such testimony could not be admitted admit-ted until the prosecution had proven that Mary Smith had me; her death through criminal agency. Judge Cox sustained tha defense temporarily. Mr. and Mrs. M. Sloan were called call-ed upon to describe the condition of Mary Smith when they had seen her alive but injured on the night pre-ceeding pre-ceeding her death. The prosecution attempted to prove that at that time when the Sloans had seen her all the wounds that had been found on her body later had not yet been inflicted. When the defense undertook the cross examination, it brought out the statement she had made that she had fallen and hurt herself and that she did not want a doctor. Following the testimony of the Sloans, the court was adjourned until un-til two o'clock Thursday when Judge Cox will determine if the prosecution prose-cution can enter the testimony so vital vi-tal to its cause. Jurors serving in the case are: Charles E. Beard, Milford; George H. Eyre, South Milford. Bernard Warby. Beaver; Victor Crosby, Beaver; Beav-er; Hugh Cartwright, Beaver; H. K. Boyter, Beaver; W. F. Heslington, Adamsville; Zealand Morris, Beaver. |