TRIAL NEARING AN END
Case Against Abe Smith Will Be Submitted to the Jury About Noon Today.
The case against Abe Smith, the negro who is accused of being implicated in the killing of Tucker Pinckney at Hempstead, will be given to the jury about noon today, after a trial lasting exactly one week.
The testimony in the case was completed yesterday afternoon, and, at a session of the court held last night, two arguments were made to the jury. The closing arguments will be made this morning.
District Attorney Love opened the arguments in behalf of the State and, after discussing the testimony very fully, he closed with the request that the highest penalty be inflicted.
Following Mr. Love, ex-State Senator Lipscomb from Hempstead spoke in behalf of the defendant. He discussed the testimony of the defense and that of the State as well, asking in concluding his remarks that the defendant be acquitted.
Abe Smith was on the stand in his own behalf yesterday and recited the story of his connection to the shooting. He testified that he was in the church yard at the time Pinckney was seen coming down the road, and that Ella Smith advised him to go into the church and hide. This, he said, he did and was hiding behind some benches when the shooting began. The witness claimed that he never fired a shot, but was wounded himself in the hand while trying to raise a window in order to escape from the church and the scene of the shooting.
On cross-examination Smith was subjected to a severe array of questions by counsel for the prosecution, but he remained steadfast to his first recital of the affair.
The trial now being brought to a close has cost the State and Harris county about $1000, the principal part of which was paid out in witness fees. The case is the first to be tried of three brought to Harris county several years ago on a change of venue from Waller county.
The task of paying off the witnesses was looked after by Criminal Clerk Max Andrew. He was engaged almost four hours yesterday afternoon in making out the affidavits and as the scrip was issued, money was advanced by ex-Sheriff Lipscomb of Waller county to all those who desired to sell at a discount.
In all there were about seventy witnesses in attendance from out of the city. The majority of them were from Waller county.
"Trial Nearing an End", The Houston Post., Friday, January 29, 1909, p. 7, col. 3.
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