Newspaper Page Text
FROM THE JUDEE
(Continued From Finii Pago.), , '
rived. Mr. Bmlth entered flrst^hook
hands and chatted, smilingly for .a mo?
ment with tho prisoner. Tho record 'fa.a.
read by Clerk DttVal, to which Mr. Hfnlth
HMoned attentively. Tho Jury was called,
Mr. Pago still looking very unwell,cen?
tered and, took his BOit. He addressoij.
the court and stated that he desired to
express hie thanks for the courtesy that*
had been shown him, nnd said:
"I desire to say that I can give every
reasonable iinsurance that tho case will
not be further delayed on my account.
Mrs. Turner,' who had boon desperately
ill, camo Into court and continued her tes?
Mr. Page asked regarding the Intimacy
that existed between tho family of tho
Brillili ? and the Turner household.
"Tlmro was great Intimacy. The children
came back and forth."
"What did you ?tato about hearing
"They sounded like tho falling of a
"How many times did you hear them?"
"What wn? the difference In her treat?
ment of her children?"
"She treated Carroll good and was
rough to Ralph?"
"How did she correct the younger
"She used a little swtlch nnd struck him
on the dress."
"Did you ever sec Mrs. Smith strike
Ralph with a mallet?"
"Yes, when she was teaching him and
he could not remember."
"How hard did she hit him?"
"With all her strength."
"What did you say about her tying
Littleton Temale College !
Splendid location. Health resort, Over 200 boarding pupih
last year. High grade of work. High standard of culture and
social life. Conservatory advantages in Music. Advanced courses
in Art and Elocution. Hot water heat. Electric lights and other
Remarkable health record ; only one death among pupils in
23 years. Close personal attention to the health and sociaL de?
velopment of every pupil. High standard of scholarship. All
pupils dress alike on all public occasions. CHARGES VERY LOW
24th Annual Session will begin Sept. 13th, 1905. For catalogue
address, REV J. M. RHODES, A. M.,
President, Littleton/ N. C.
particular friend up to the night, of
"You say you henrd the rumbling
"Ves, lots of times."
"Mr. Page asked you the question nnd
you said only twice. . 1b that bo?" '
"He misunderstood me."
(Mr. Smith asked tho official stenogrph?
er to rend the record. It developed that
witness-had said "only twice.")
"You say that you saw her Btrlke him
with a mollet?"
"And now you sny that It was th*
handle to a child's toy Bhovol?"
"No, I did not."
(Record was read and witness had unid
child's toy Bhovol handle.)
Mrs. Turner nt this point snld to Mr
"Don't worry me."
Mr. Smith. "I hnve no Intention of
Mrs. Turner. "You had better not."
"Old you sny you saw her whip him
with a razor strap?"
"No, 1 did not."
(Mr. Smith nsked that r'cord be rend.
Record showed that "razor strap" was
"Did you help the hoy who you sa.y nho
threw on tho sofa llko a little dog 7"
"No, I didn't. I'm no servant."
"But you said you ware her particular
[ "Yes, h\)t she treated him like a dog.
I wouldn't.;trcat my dog or cat llko sho
"Although "'iho stnrved him and heat
him, shoved him In ? tub of wntor and
treated him llko a dog, you remained
her particular friend?"
(Witness. You nre trying to makn me
out a llar.) ;
"Did you ever see Mr. Smith whip
"Yes. I saw him hit Ralph three
times with ? piece of board."
Mr. ?. M. Smith then Btated that he
would not examine Mrs. Turner further
on account of her health. He said he
had many questions he would like to
ask, but that he would not.
Rc-examlnatlon by Mr. Page.
"Whin did I meet your two children?"
(Court ruled out the question.)
Mrs. Turner then left tho stand. She
looked 111 and was takpn at onco to her
home. All the time she was on the
stand she was fanned by a friend.
Hocmod to bo under it nervous atra In
nil tho lime."
"Did you ever see any difference In
tho treatment of the two children while
they were With you?*'
"Do yon know anything about tho
"Yes; his hnlr kept dropping out. I
havo seen It drop out. I never Raw
any one pull It out."
"Was the child a clumsy, child?"
"Yes. If he tried to run he would fall
down. Ho would full down In crossing
the floor. Ho would never play with
CroRS-examlnntlon by Mr. Pnge: "Where
wero you living In Brooklyn when you
met Mrs. Smith?"
"With my wife's aunt, Mrs. Hughes."
"Wns Mrs. Smith boarding there?" ?
, "No, sJp? she was a friend of Mrs.
"When did you leave?"
"December 2(1, 1S99."
"Where did you tnoet Mr. Smith?"
"At my house In the summer of 1S99."
"When did yottf wife know M?rs.
"As children on Stalen Island."
"Are you connected with the, Smiths?"
"No, sir; none whatever."
"When did you first become aware of
the evil practice of the chll'l?"
"Soon after they came to Uve with us
In Flu vanna county."
"Did they over tell you where they
,"Ves: In New York."
"You say. you watched the child to
see If lie wns addicted to evil practico?'"
"Because I have .three email children,
and I would rather see them all dead
than have the habit."
(Witness here testified In detail ns to
the habits of the child, answering ques?
tions of Mr. Page.)
he-examination by Mr. Smith:
"What were the symptoms of the boy?"
"He was nervous. He cried when any
WITNESSES IN THE SMITH MURDER TRIAL
MEETING IN COURT OF HUSBAND AND WIFE
"Yes, she tied him and threw him on
a sofa and went to Richmond for two or
"Did you ever sec any burns on him?"
"YeB, on his hand."
"Did you see .Mrs. Smith treat him bad?
ly during the winter?"
"Yes, I paw her throw him In a tub of
water In February."
"I was on my back porch and I saw
her come out and push him head first Into
at tub of water. It was very cold and he
was In his little night shirt. lie was all
trembling. He rushed out of his back door
as though Home one was behind him. He
was "snuffling" as ? Inaigli ho wanted to
cry and was afraid."
"What kind of tub was It?"
, "A largo zinc tub?under a spout to
catch rain water."
"Were you colled on the night of
"Yes, she called me twice. She asked
me to come. I asked her what was the
matter. She said Ralph was dead. I said
I was toe nervous, but I would get word
to the neighbors nnd send some one to
her. My husband wa.* Ill and I could not
leave him. It was about S o'clock.
Cross examination by Mr. H. M. Smith:
"How many times did she call you?"
"How many times did she come to the
"The first time she stood by a tree and
asked me to come to her. I said what's
the matter, and she said that Ralph was
"The second time she came to the
dividing fence and called again. She
asked me the same thing. I had
Just gotten back to my husband. I came
out again on my side porch. She said
three or four times 'Ralph Is gone' ond
then she said 'Rnlph Is dead." '
','How many times did she tell you In
all that Ralph was dead?"
"Six or eight times, I said I couldn't
come but thnt I would send a neighbor."
"Did she say over and over ngaln.
'Ralph Is gone?' "
"You said that you were Mrs. Smith's
"Have you seen her whip him more
than once with a razor strap In your
"Yes, a lots of times, Come off trie
roof. L.haven't known her all my life."
"How many times have you seen her
whip him with a stick?"
"Lots of times."
"Have you over seen her use this
(Long round stick.)
"Have you ever seen the square stick?"
"You said you had?"
"You arc sadly mistaken."
(Witness denied this nnd record was
read to prove that she did.)
"Did you say so?"
"I don't know whether I did or not."
"Did you ever see her strike him with
thc square stick?"
"Then you were mistaken In what you
said to Mr. Page?"
Witness refused to answer,
"Did you ever see her whip htm with
tho long round stick?"
"What did you do with tho key when
she lockfd Ralph up and went to Rich?
"I took It home."
MEDICAL OPINIONS ?G
Strong Testimony From the Uni?
versity of Virginia.
?IT SHOULD BE RECOGNIZED AS AN ARTICLE OP MATERIA MEDICA"
JamOeL.Caboll,M.D.,A.M.,LL.D., former Pro/. Phytioloyy and Surgery in the
Mediadf?eparttiieiitof the Untvertilyo/ l'?r. (iPucrjUA I iTUfll U/AYCD
ginUt.and Pret.o/the NuVl Hoard ofHealih: DU G G ALU LI ? ??? IfAI L ?
lu Uric Acid Diathesis Is a well-known theruuoutTo reiuurce. it should ba recoguizea
by the profession as an article of Materia Medica."
- "NOTMINO TO COMPARE WITH IT IN PREVENTING URIC ACID
DEPOSITS IN THE BODY."
Dr. P. B. Barrlnger, GViai? man of Faculty and Pro/tutor of Phytioloyy, Vnivereity
0/ Virginia, ?/iartoltetviiU', Va..- ''After twenty years' practice I have no husllauoy la
htfyenfoun'l"notbjng'lo'eom pire with BUFFALO LlTHIA WAT?F1 venting
Urlo Acid Deposits In the body."
"I KNOW OP NO REMEDY COMPARABLE TO IT."
Wit). B. Towles. M. D,,fa<? Pro/. 0/ Anatomy and Materia Medien, University
0/ Va.: "In Uric Acid ihutheslt, Clout, Rheumatism. Kheunuitlc (lout, Renal Calculi
?nd Stone in the Bladder, 1 know Ulirrn I ? I ITUI? \UATrU Spring
of no remedy comparable to DUeTALU Ll IffllA WAltlt No. 2.
Voluminous mocilonl tostimotiy sento? request. Por sale by the general drug and
Minerai water trade. Hotel at Spring now open.
PROPRIETOR, BUFFALO LITHIA SPRINGS, VA.
l'UK?ELL? LADD & Vii,, Agente, lUclimoiid, Vu?
Mr. Page announced that there were no
more witnesses for the Commonwealth.
The court then took a recess of twenty
minutes, In order to allow the defense
to call Its witnesses. The jury spent this
time oNt under the trees in charge of
Deputy Sergeant Smith.
When court rcconvend Mr. Lionel Ash
burner was called by tho defense. Mr.
Ashburner having been sworn, In answer
to questions, said that ho resided for
many years In Henrlco county. That
ho was a naturalizod cltlaen, having been
horn In England; that he was thirty
three years of age, and that he "now
lives In Columbia, Fluvanna county.
"When did you first meet Mrs. Smith?"
"Seven or eight years ago," _
"Wero you married then?"
"Did Mrs, Smith ever come to your
"Yes; and Mr. Smith came with her.
They wero known as Mr. and Mrs. Smith,
and they wore married."
"When was this?"
"Early in 1899."
"How long was this before Ralph was
"Six or seven months."
"When did you leave Brooklyn?"
"About tlio end of 1K99."
"Wero you living In Brooklyn when
Ralph was born?"
"When did you next see Mrs. Smith?"
"Sho cuino to visit us out by Mr. Jos?
eph Bryan's place. It was In 1903. Mr.
Smith caino to seo her while she was
"When did you noxt see her?"
"All tho family caino to board wiwi
us in Fluvanna."
"When was that?';
"In November, 1903."
"How long dkl thoy stay?"
"Over four months."
""Did you see much of them?"
"What was her manner towards the
"Sho treated them well."
"Did sho treat one bettor than the
"It hns been said here that who whipped
Ralph, Have you seen her whip him?"
"Yob, with a switch; but not harder
than 1 givo min?,"
"Have you seen nor punish him In any
"Yes; tying his hands behind him."
"Do you know of any vico the child
"What was It?' '
(Wltnens hero described what vice was.)
"Why did they leavo your housof"
"Rocnuse I had to request Mr. Smith
to tako Ralph away, toy I did not want
my ehlldron to learn tho habit. J told
him that ho must go."
"Aro you sure of this?"
"Vos, I am. Wo talked often about It."
"How did this vico of hor child effect
"it worried lier a grout deal, und she
Oiie. spoke t? ^j.!m, nnd he seemed fright?
ened all tho time." ;, ' '?
Mr. Ashburner then src-ofl aside.
Mrs. ?: Ashburrter : Called. ? -
Mrs. Lionel Ashburner was then called.;
She was born In Canada and Is the daugh?
ter- of Dr: Vaughan Lloyd.
"When did you first meet Mrs. Smith?"
"I met her on Staten -Island' at tho
home of inv aunt. Mrs. Smith was stop?
"When did you meet Mr. Smith?"
"When did you know that they wore
"In June of 1S99. She came to our
house, In Greene Avenue, and said that
they were married. We wero the only
ones who were told, as G believe. She
said she had beea married by an alder?
"When did you next see heT?"
"She came to see us Just outside of
"At Columbia, when the family came
to live with us, to board."
"When was that?"
"In November, 1903."
"Are you any relation?"
"Why did they leave?"
"On account of Ralph. I thought, ho
was not a Ut compiinlon for my chil?
(Witness hero explained in detail about
the child's vice, and the means that
were taken to attempt to cure him; Sho
stated that they had consulted, medical
books concerning the matter.)
"Have you ever seen her whip him?"
"Yes; but not more than any ono elso
would whip a child."
"Did ij'ou lover see her abuso tho
"Was she nervous on account of tho
"Was she suffering herself on account
of any trouble of her own?"
"Yes, and has been for years."
(Witness here entered Into a descrip?
tion of the trouble.)
"What were tho characteristics of the
"Ho was very stupid."
"What else have you noticed?"
"lie wns listless and dull, and did not
care to play with children."
"Did his mother try to make him play?"
"Was he nimble?"
"Ho was stiff-Jointed. I should Bay
he was awkward and clumsy."
"If you spoko to him suddenly, what
would he do?"
"Ho would start, and sometimes ho
would cry out."
"Would ho bruise himself whoa ho
"Did the bruises disappear quickly?"
Are You a
to a telephone, or do
you annoy your neigh?
bor by running in and
using his? Why not
have one of your own?
Our Rute? Are
Southern Dell Telephon?
and Telegraph Co,
711 Hue? Ontoe ?tr*et.
Telephone Ho, SOIL
"No; I remember that he bruised his
head before Christmas, and the brutee
had not disappeared whea they left us,
In March." ;
"Was there anything the matter wilh
"Yes; It fell out and left bald places."
Cross-exnmlnatlon by Sir. Page:
"You arc tho close friend pf Mrs.
"When did you first notice the habit
In the child?"
"When he first came to board with us."
"Did any one ever call your attention
"I told Mrs. Smith, who snld she had
noticed It. and who asked me what she
"?Did she see a doctor about the habit?"
(Mr. Page asked questions here, to which
Mr. Smith objected. The court sustained
Mrs. A-shburner was then allowed to
Mr. W. J. Carter, of Manchester, drug?
gist, was then called. After being sworn,
he said: ?
"I have known Sheppard K. Smith since
"Have you e\'er seen him with hie
"Yes, time and time again. His atti?
tude waS kind nnd fatherly."
"Did he show any difference?."
"Did you ever see Mrs. Smith with tho
"What was her attitude?"
"The same as Mr. Smith's."
Cro?e-examlnatlon by Mr. Page:
"Where did you see them?"
"In my drug store."
Mr. Carter was then told to stand aside.
Witness Refuses to Come.
Sergeant Saunders reported to the court
thnt John Jordan, a witness summoned
for the defense, refused to obey the order
of court to come for examination.
Dr. Frazor Smith was then called.
"Will? vou state you name and pro?
"Frazer Smith veterinary surgeon."
"Where Is your place of business?"
"How long have you known Mr. nnd
Mrs. Sheppard K. Smith?"
. '-'Since March a year ago."
"Have you seen Mr. Smith with his
"How many times?"
"Eight or ten timos."
"How did he treat Ills children?"
"Like an affectionate father."
"Did he make any difference '^between
"None that I saw. Ho used to keep
his children over In Richmond for hours
at a time."
"What kind of man Is Smith?"
"He Is kind, and hurts no one."
"Did you employ him?"
"Yes, and my next door neighbor, Mr.
Crtill. also employed him."
"Are you nny kin to any of them?"
Mt. Page declined to cross-examine
witness, who stood aside.
Mr. M. J. Crull was next sworn. He Is
a livery stablo keeper, on Tenth Street,
"Was Smith In your employ?"
"Yes, for six months."
"Wns ho a aulet man?" ?
''Yes, the quietest man G ever lacl around
"Have you ever seen him with his
"Only with Ralph, twice. He brought
him over about 10 o'clock and kept him
until 4 o'clock."
"What was?"-his manner' to ? the child?"
"He was very affectionate towards him.
He spoko kindly and often of his wife
Mr, Page declined to cross-examine wit?
ness, who stood aside.
Mr. John Jordan, tho witness who had
refused to come to court, was brought In
by Deputy -Smith. x
Mrs. Alice Hicks was sworn. Sho re?
sides a?t No. 14?1 North Twenty-arst
"Do you know. Mrs. Smith?"
"Where did sho live?"
"You could talk to each other without
leaving your houses?"
"How lone did sho live there?"
"From March until September."
"Did you like her?"
"Yes, 1 liked her splendid."
"Did you know anything about Ralph's
(Witness here wont Into a description
of the evil habits of the child.)
"Did you over seo any difference In
her treatment of the two children?"
"No, I novor did."
Cross-examination by Mr. Page:
"Did you ever seo Mrs. Smith bent
"No, I never did. I never saw her
whip the child In my life."
.Mrs. Hicks stood asloe.
Mr. H. H. Hicks was tho next witness
for tlio defouso.
Mr. Hicks Is the husband of Mrs. Alleo
"How long have you known tho
"About seven months, beforo their com?
ing to Manchester."
"Do you know anything about their
punishment of the child?"
"YjL-s, for ovil habits."
(Witness horn went Into a description
of thii liabll and what was done to break
Mr. Page, addressing the court, asked
that tho testimony he stricken out us
not being evidence. Judge Clopton ruled
that the testimony was proper.
??? "Dirt you ever know or their making a
difference between their children?"
"No; they treated them the same, Mr,
Smith treated tlioiu line. He went down
In the Held and brought sand for thoni
to play In."
Cross-examination by Mr. Pago:
"You say you never ?aw the Smiths
beat the child'.'"
"1 never did."
"You did not loll some ono that ymi
had seen them heat him?"
"You never saw them put him In a
"You do not know whether or not
the neighbors uot up a petition asking
them to leave?"
Mr. Hicks then stood aside.
Mr. John Jordan then took the wit.
"Do vou Ilvo lu Manchester?"
"How far from the Smiths' house?"
"About one square."
"What did lit? buy?"
"How often did he come?"
"Sometimes twice ft, day,"
"Dia hltf fallivi' como, with l?m'i"
THOROUGHLY filtered soft river water, the
*? best Barley-Malt, imported Bohemian
Hops and Special Culture Yeast are the ingredi?
Corked or Jin Capped
By lagering (ageing) not less than 4 months, every
trace of the injurious, un fermented constituents, found
in immature beer, is removed.
Anheuser-Busch Brewing Ass'n
St. Louis, U. S. A.
Orders Promptly Filled by
Jos. Stumpf, M?r., Anheuser-Busch Branch, Richmond,. Va.
"Yes, several times."
"Was he kind to him?"
"Yes, he seemed to be."
Mr. Jordan thon stood aside, and court
adjourned until 3:30 o'clock.
Number of Important Witnesses
Examined, Including Dr. Hodges.
Court reconvened at 8:30 o'clock, and
Mrs, Mattle M. Light, of the Rescue Mis?
sion, was put upon the stand for tho
"Where do you live?"
"No. 2010 West Grace Street."
"Who Is your husband?"
"He is nn evangelist."
"What Is his work?"
"In rescue work."
"What Is that?"
"Work for fallen women."
"Have you hart In your work children
who were given to evil habits?"
"Yes; I have had seven oases."
"How old were tho cases?"
"I have had them ns young as two
years, perhaps younger."
(Mrs; Light then went Into a dlscueslon
of the question, giving coses thnt had
come under her notice. Sho stated thnt
the children who were addicted to tho
habit were effected in many ways. Skin
would be bad, Internal arrangements out
of order, hair drops out.)
Witness, testified that children wlio
were afflicted were nt a low state of
health, nnd staled that sho had known
cases when, If.tlio child had been spank?
ed, it would have died.
Judge Clopton objected to hearsay an?
swers of witness and threatened to send
her to jail.
Mr. H. M. Smith objected to language
of the court and noted an exception.
"Did you learn thnt I was coming to
see you through a reputable physician
of the city of Richmond?"
Question ruled out.
Cross-examination by Air. Page:
"In your experience, do you not think
thnt the habit Is a disease?"
"I have had seven cases since I've
been In tho work. Two have died and
two have been cured."
OVitncBs again went ..into a detailed
SPECIAL EXCURSIONS TO? NIAGARA
FALLS VIA R., F. <SL P. R. R. AND
Leave Washington, D. C., ns follows:
Via Baltimore' and Ohio Railroad and
Lehlgh Valley Railroad, 7:0) A. M, Fri?
days. July 14th and- 28th, August
4th and 18th, September 1st and 15th;
via Pennsylvania Railroad and Buffalo,
7:55 A. M. Fridays, July 7th and 21st, Au?
gust llth and 25th, September Sth and
22d, and October 13th. Round trip rate
from Richmond, $111.50. Tickets on salo
for afternoon trains ot days prior to ex?
cursions from .. Washington, limited to
reach Washington, returning, within ten
dnys, including dato of excursion from
that point. .
For tickets nnd furtherl Information,
apply to ticket ageats. Richmond, Fred
oricksburg and Potomac Railroad.
W. P. TAYLOR,
FREDERICKSBURG. HORSE SHOW,
JULY 12TH-13TH?REDUCED RATES
VIA R., F. & P. R. R.
Rate?Fare and one-third for the round
trip to Frederlckabtirg, Va., from all sta?
tions. Tickets on snlo July llth, 12th nnd
13th, good returning until July 14th In?
elusivo; continuous pnssngo in encli direc?
tion. Apply to ticket agents, R., F. &
P. R. lt. W. P. TAYLOR,
LYNCHBURG AND RETURN, $2.00.
BOANOKE AND RETURN, $3.00.
VIA NORFOLK & WESTERN RAILWAY,
GOING JULY 15TH, RETURNING JULY
Special excursion will leave Richmond
12:10 noon, Saturday, July 15th. via Nor?
folk and Wpslorn Itnllwny. Returning,
leaves Roanolto July 18th. $2.00 round
trip to Lynchburg; $3.00 round trip lo
Bedford, Montvalo, Bino Rldgo and Roa
noko. This train will be run on a fast
schedule and will stop only at ahovo
namod stations, ? delightful throo-day
trip to the mountains. Full particulars
lit company's oftlce, KI8 Tast Main Street,
JNO. E. WAGNER, C. It. BOSLBY,
City Pass. Agent. Dlst. Pass Agent.
INAUGURATION OF THROUGH PULL?
MAN SERVICE TO BIRMINGHAM,
ALA., VIA SEABOARD AIR LINE.
Commencing Sunday, July 2d, the Sea?
board will operato a through Pullman
Hloepor from Richmond to Birmingham,
lenvlng Richmond 10:00 P. M. dully. Im?
m?diate connection Is made at Rlrm'.ng
hnm for Memphis, Kansas City, Llttlo
Rock. Merldlaa, Vlcksburg, Shrevopdrt,
New Orleans and all Important Siioth
westorn points; only ono chungo of ear.i
to any of the above rltles. For sched?
ules, Pullman reservations and nil Infor?
mation,'npply to nearest Seaboard agont
IT. S. LEARD, W. Mi TAYLOR,
Dlst. Pnss. Agent. City Ticket Agont.
MONDAY MORNING SPECIAL FROM
WAYNESBORO, VIA C, &. O. RY.
For tho accommodation of patrons hav?
ing their families on tho line of the C,
& O.,.tho Chesapeake nnd Ohio wlll'hnvo
speclai-tviiln to leave Wayneshoro at 0:00
A. M? commencing Monday, July 10th,
and continuing each Monday thereafter
until August 28th, inclusive, stopping at
all Intermediate stations, arriving Itleh
inond 11:15 A. M. Tichela sold for all
trains, of Saturdays, good iinllT Monday
following, at rate of one faro for tho
round trip, plus twenty-live oolite,
"FINEST COASTWISE TRIPS IN THE
Richmond to Boston and return, ?23.00;
to Provhkineo and return, $21,00; Includ?
ing monis mid room via Merchants ?nd
Miners' Transportation Co., from Norfolk,
dally lino to New England, Tickets on
?alo at C. & O. and N. & W, Ry. nf
llces, Kit) East Main Street. H. Q, Lohr,
TO CHASE CITY, CLARKSVILLE, OX?
FORD, DURHAM, RALEIGH, ETC.
without chungo of curs, via Southern
Railway. Leave Richmond dally U);30
noon; also C P. M? exeopt Sunday, for
\ thu ubyyu coluta,
For Coal or Other Fuel
Send Orders t?
18th and Dock Sts. Phon? 223
Wo are preparisi to nil order, for Black,
Clay, Wlilpporulll, New Era, Mixed and
other variety of Peas suitable for fertluasr or
Farmers and dealers Interested will do well '
to correjpond with us.
WALLERSTEIN PRODUCE CO..
1??21 South Thirteenth Street.
condition of the children whom aha had
Dr. Hodges Called.
Dr. J. Allison Hodges was next called
to? the stand. Ho stated that he had
practiced medicine for twenty years. He
was president of tho University College
of Medicine until last Saturday, when
he was succeeded by Dr. Stuart McGulre.
He succeeded Dr. Hunter McGulre, Ho
Is now professor of nervous diseases In
the University College of Medicine,
"Is thore any doubt that the disease Is
Indulged In by children of tender years?"
"What Is tho effect of the disease?"
"At first they would be physical and
(Witness here went Into a discussion
of the effects of the evil habit upon the
Mr. H. M. Smith stated a hypothetical
case, outlining the history of Ralph Smith
and the state of his health, his condition
and moods, and then asked the question
If such a case could not have been ad?
dicted to the evil habit spoken of.
Dr. Hodges: "All of those are symp?
toms of the ordinary cases except the
huir falling out."
"May not a child dio from a slight
blow that puzzles all physicians?" ?
"Would not ? much less blow cause
death, such us in tho case of a child
that was very debilitated?"
"If a woman was In a stato of Ill
health herself, what would bo the effect
If her child wer.i addicted to this vice?"
"First, sho would feel regret: second,
she would be a nervous wreck; third,
sho would become weak."
"What would he tho effect upon a wo?
rn? )>'s mind who was suffering and had
suffered for a number of years with
woman's .trouble, who had a chhu who
was addicted to that vice and who prac?
ticed It several times a day? 1 mean
a -woman of high strung nervous tem?
"The effect would tie Irritated pi her
"What would this Irritated effect lead
to as far as mental lrresponslblllty-l^con
"Not necessarily mental Irresponsibil?
"Could It follow?"
"It might, but a number of other
factors would have to bo considered. A
systematic study of the case would have
to be made."
"How long do you suppose It would
tako to examine the patient?"
"About live weeks. '
"Would It bo preferablo to make the
"Cond you make the examination with
tho Jail physician present, unless you
felt tnat lie was In harmony with you?"
"Have you ever examined the prisoner?''
"Did I know what your pnsweru would
Cross-examined by Mr. Pago:
"Vou did not mean to Imply that you
were not in fovor of a non-partisan
board to enquire Into sanity?"
"I meant to Imply that I would not
caro to ?lake an examination In the
presence of a medical man whoso mind
was not open to conviction."
Jiioije Clopton Interrupted to warn the
witness to be careful of hie answer, for
he said the case would be a noted one
and that ho must care for his reputation.
Mr.. Smith objected to the court ad?
dressing such remarks to the witness, as
he had not spoken In this way to the
experts for the prosecution. Exception
was noted, and Judge Clopton stated that
he had confidence In Dr. Hodges.
Dr. 1 lodges then continued to answer
technical questione regarding the health
of the child.
Mr. l'ago asked tho hypothetical ques?
tion ho has asked all the exports, de?
scribing tho condition of tho child before
nnd after death.
Mr. Smith objected.
The court ruled out tho question.
Mr, H. M. Smith then re-examined wit?
ness, and Dr. Hodges stood aside.
Judge Clopton thpn adjourned court
until this morning at 10 o'clock,
Goes to Highest Court.
Judge Jamos Keith, President of tho
Supremo Court of Apponi? of Virginia,
yesterday crrtltled In tho United States
Supremo Court tho record lit tho case of
llriiiv-lou vs. tho Danville and Western
Hallway, 'l'ho caso Is one growing out of
tho exercise by tho Stato of tho right
of eminent domain, and its hearing prom?
ises to bring up some very Interesting
questions. Certain lauds of the plain?
tiff were condemned tor tho uno of tho
railway line, and from tho court's ruling
thereon, this appeal was had to ilo. Su?
premo Court of Appeals of Virginia.
Chief Justice Fuller Issued a wilt of ciil'r
II roar I requiring tho Virginia Supreme
Court of Appeals lu certify tlm record
to that court. The case go?? up ?a ooo?