NOT NEAR COMPLETE
TRIAL OF ABE SMITH IS LONG DRAWN OUT.
Witnesses for the Defendant Are Relating Circumstances Surrounding the Shooting of Pinckney.
Since last Friday morning the twelve jurors in the Abe Smith case have been forced to remain at the criminal court, spending the nights in the custody of an officer and the days listening to the witnesses give evidence regarding the circumstances surrounding the shooting of Tucker Pinckney in Waller county, which happened more than five years ago. Already three days have been consumed in hearing evidence, and from the number of witnesses that are yet to be examined it is probable that two more days will be needed.
The jurors are beginning to show signes of weariness from the long confinement and it is not an uncommon sight to see one of them fall asleep for a few minutes while the trial is in progress.
The session yesterday was consumed in hearing the testimony of several witnesses for the defense. Several times witnesses have stated that they could not remember certain circumstances because of the length of time that has intervened between the shooting and this trial.
THE DEFENSE.
The line of defense advanced by the attorneys for the defendant and in support of which witnesses, some of whom witnessed the shooting, are being placed on the stand, is that Pinckney went with a friend to the negro school house, where a funeral was in progress, for the purpose of killing Aaron Smith, a negro, who had at a previous time wounded the man who visited the church with Pinckney, that after reaching the school house they endeavored to go in upon the pretext that they wanted a drink of water, and it was at this stage that the shooting, in which many persons participated, occurred.
The man who was with Pinckney at the time he was killed has been placed on the stand by the State. He disclaimed any intention on the part of himself and Pinckney to kill any negroes.
Judge R. E. Hannay, one of the attorneys for Smith, stated yesterday afternoon that he still had a number of witnesses to place on the stand and that he thought two days more would be consumed in finishing the trial.
The docket of yesterday was disposed of as follows:
Abe Smith, murder, first degree; on trial.
"NOT NEAR COMPLETE", The Houston Post., Wednesday, January 27, 1909, p. 16, col. 4.
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